Sch 4Prescribed offences

Schedule 4—Prescribed offences [Clause 8.3(1)] $ 1 2.1 Construction or alteration of a dividing fence on a lot that is not a sufficient fence without a licence 200 2 3.1 Construction of a non-compliant fence within front setback area without a licence 200

20 November 2023 GOVERNMENT GAZETTE, WA 3781 $ 3 3.2 Construction or maintenance of a non-compliant fence in a secondary setback area without a licence 200 4 3.3 Construction of a non-compliant fence, wall or other structure at a vehicle access point 200 5 3.4 Obstruction of a watercourse 200 6 3.5 Construction of a gate or fence encroaching over other land 200 7 3.6 Construction of a retaining wall more than 500mm in height without a building permit 500 8 3.7 Construction of a masonry wall or fence more than 750mm in height without a building permit 200 9 3.8(1) Alteration of natural ground levels without a licence 500 10 3.8(2) Construction of a corrugated fibre-reinforced pressed cement fence with more than 150m difference in ground levels on each side 200 11 3.8(3) Construction of a fence or retaining wall more than 500mm in height within 1000mm of a boundary without written consent of adjoining owners 200 12 3.9(1) Failure to maintain fence in good condition 200 13 3.10 Construction or maintenance of a fence across right-of-way etc. without approval 500 14 4.1 Use of prohibited materials in a fence 500 15 4.2(1) Use of pre-used fencing materials without a licence 200 16 5.1(1) Using or allowing to remain barbed wire on a residential lot 200 17 5.1(2) Non-compliant use of barbed wire on a rural or rural residential lot 200 18 5.1(3) Non-compliant use of barbed wire on a general industry or light industry lot 200 19 5.1(4) Encroachment of barbed wire on a general industry or light industry lot over other land 500 20 5.2(1) Construction of an electrified fence for the purposes of animal control without a licence 200 21 5.3(1) Construction of a non-compliant electrified fence for the purposes of security 500 22 5.3(2) Construction of an electrified fence for the purposes of security without a licence 500 23 5.4(1) Construction of a razor wire fence without a licence 500 24 6.3 Failure to comply with conditions of a licence for fence 500 25 6.6 Making a false or misleading statement 500 26 8.1(3) Failure to comply with notice of breach in relation to Part 5— Restricted Fencing 500 27 8.1(3) Failure to comply with notice of breach in relation to all matters other than Part 5—Restricted Fencing 200 28 8.2(1) Other offences not specified 200 of— SCOTT CROSBY, President CHRISTIE SMITH, Chief Executive Officer

20 November 2023 GOVERNMENT GAZETTE, WA 3783 PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY LOCAL LAW 2023 Under the powers conferred by the Local Government Act 1995 and under all other relevant powers, the Council of the Shire of Kent resolved on 20 September 2023 to adopt the following local law. PRELIMINARY Citation This local law may be cited as the Shire of Kent Public Places and Local Government Property Local Law 2023. Commencement The local law comes into operation 14 days after the date of its publication in the Government Gazette. Repeal The following local laws are repealed— (a) the Municipality of the Shire of Nyabing-Pingrup adoption of Draft Model By-laws No. 10, Relating to Petrol Pumps published in the Government Gazette on 30 September 1966; (b) the Municipality of the Shire of Kent adoption of Local Government Model By-laws (Parking Facilities) No. 19 published in the Government Gazette on 3 September 1993; (c) Shire of Kent Local Law—Nuisances published in the Government Gazette on 23 March 1998; (d) Shire of Kent Local Laws Relating to Reserves published in the Government Gazette on 23 March 1998; and (e) Shire of Kent Parking Facilities Local Law published in the Government Gazette on Transitional provisions (1) An application for, or the renewal of a licence, permit or other authorisation made under a repealed local law that has not been finally determined before the commencement day is to be dealt with and determined as if it were an application under this local law. (2) A licence, permit or other authorisation under a repealed local law that is in force before the commencement day is to be regarded on and after that day as a licence under this local law and may be dealt with accordingly. 1.6 Terms used (1) In this local law— Act means the Local Government Act 1995; applicant means a person who applies for a licence; application means an application for a licence; authorised person means a person appointed by the local government under section 9.10 of the Act to perform any of the functions of an authorised person under this local law and includes the CEO; building means any building or structure which is local government property and includes any— (a) hall or room; and (b) corridor, stairway or annexe of any hall or room; and (c) the immediate environs of the building if the context requires, but does not include an open space, a carpark or a similar; building permit means a permit granted under section 20 of the Building Act 2011; bulk rubbish container means a bin or container designed or used for holding a substantial quantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does not include a bin or container used in connection with the local government’s regular domestic rubbish collection service; carriageway has the meaning given to it in the Road Traffic Code 2000; children’s playground means an area set aside for use by children and noted by the presence of any of the following—