3774GOVERNMENT GAZETTE, WA 20 November 2023

3774 GOVERNMENT GAZETTE, WA 20 November 2023 (b) where the ground levels on each side of the fence are not the same, the higher ground level, immediately below that point; light industry lot means a lot where a light industrial use— land includes a house, building, work or structure in or on the land; local planning scheme means a local planning scheme and includes any structure plan adopted or approved by the local government made under the Planning and Development Act 2005; lot means a defined portion of land depicted on a plan or diagram available from, or deposited with, the Western Australian Land Information Authority and for which a separate Crown grant or certificate of title has been or can be issued and includes a strata lot; masonry includes stone, concrete, brick or other solid material; mixed use lot means a lot where mixed use— natural ground level, in relation to a development, means— (a) the level approved, for the purposes of the development, by the local government, under a local planning scheme; or (b) in any other case, the level that existed immediately before the commencement of the development (including any site works); notice of breach means a notice referred to in clause 8.1; occupier has the meaning given to it in section 1.4 of the Local Government Act 1995; owner has the meaning given to it in section 1.4 of the Local Government Act 1995; razor wire means a coiled strong wire with pieces of sharp cutting edges set across it at close intervals; repair has the meaning given to it in section 5 of the Dividing Fences Act 1961; residential lot means a lot where a residential use— (a) or may be permitted under a local planning scheme; (b) or will be the predominant use or the lot; and (c) includes a mixed use lot having a predominantly residential land use in the opinion of an authorised person; retaining wall means any structure that prevents the movement of soil in order to allow ground levels of different elevations to exist adjacent to one another; rural lot means a lot where a rural use— rural residential lot means a lot where a rural residential use— rural smallholding use means a lot where a rural smallholding use— Schedule means a Schedule to this local law; secondary frontage in the case of a lot that has a frontage and access to more than one thoroughfare, means the longer or the longest of the boundaries that separates the lot from the thoroughfare; set fee means a fee determined by the local government in accordance with sections 6.16 to 6.19 of the Local Government Act 1995; special use lot means a lot where a special use— sufficient fence means a fence described in clause 2.2 or 2.3; thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995, but does not include a private thoroughfare that is not under the management or control of the local government;

20 November 2023 GOVERNMENT GAZETTE, WA 3775 visually permeable in reference to a wall, gate, door, screen or fence that the vertical surface when viewed directly from the street or other public space has— (a) continuous vertical or horizontal gaps of 50mm or greater width occupying not less than one third of the total surface area; (b) continuous vertical or horizontal gaps less than 50mm in width, occupying at least one half of the total surface area in aggregate; or (c) a surface offering equal or lesser obstruction to view; and watercourse means a river, stream or creek in which water flows in a natural channel, whether permanently or intermittently. 1.6 Requirements of planning legislation and local planning scheme Nothing within this local law affects any provision of— (a) the Planning and Development Act 2005, or any regulations or orders made under that Act; or (b) a local planning scheme. 1.7 Requirements of Building Act 2011 Nothing in this local law affects a provision in any written law in respect of a building permit for a fence. 1.8 Transitional provision A dividing fence or fence lawfully constructed prior to this local law coming into operation constitutes a sufficient fence. PART 2—SUFFICIENT FENCES 2.1 Sufficient fences—requirement Subject to clause 2.4, a person shall not construct or alter a dividing fence that does not satisfy the requirements of a sufficient fence. 2.2 Sufficient fences—generally (1) Subject to clauses 2.3 and 2.4, a sufficient fence— (a) on a residential lot a dividing fence constructed and maintained in accordance with Schedule 1; (b) on a general industry lot or light industry lot is a dividing fence constructed and maintained in accordance with Schedule 2; and (c) on a rural lot, rural residential lot or rural smallholding lot is a dividing fence constructed and maintained in accordance with Schedule 3. (2) Where, on a mixed use lot the use or intended use, as determined by an authorised person, is predominantly— (a) residential use, fencing shall comply with the requirements of a residential lot; and (b) non-residential use, fencing shall comply with the requirements of a general industry or light industry lot. (3) On a cultural and natural resource use lot or a special use lot, the requirements shall be determined by an authorised person— (a) within a townsite, fencing shall comply where the use is aligned and consistent with— (i) residential use, the requirements of a residential lot; and (ii) other than-residential use, the requirements of a general industry or light industry lot; and (b) outside a townsite, fencing shall comply where the use is aligned and consistent with— (i) rural, rural residential or rural smallholding use, the requirements of a rural lot, rural residential lot or rural smallholding lot; and (ii) other than as rural, rural residential or rural smallholding use, the requirements as general industry, light industry lot, rural lot, rural residential lot or rural smallholding lot. 2.3 Sufficient fences—between lots having different requirements Subject to clause 2.4, where a fence is constructed on or near the boundary between— (a) a residential lot and a lot zoned for any other purpose, a sufficient fence is a fence constructed and maintained in accordance with Schedule 1; (b) a general industry or light industry, and a rural or rural residential lot, a sufficient fence is a fence constructed and maintained in accordance with Schedule 2; and (c) a rural lot and a rural residential lot, a sufficient fence is a fence constructed and maintained in accordance to the requirements of Schedule 3. 2.4 General discretion of the local government (1) Notwithstanding the provisions of clauses 2.1, 2.2 or 2.3, and subject to Part 6, an authorised person may issue a licence for the construction or repair of a dividing fence that is not a sufficient fence where all of the owners of the lots adjoining the fence give written consent for a licence for that purpose.