5524GOVERNMENT GAZETTE, WA 6 December 2016

5524 GOVERNMENT GAZETTE, WA 6 December 2016 3.6 Estate fencing (1) A person shall not construct an estate entry statement or estate boundary fence without the approval of an authorised person. (2) Where an estate entry statement or estate boundary fence is constructed and contains an estate name, the entry statement or estate boundary fence shall also depict the locality name in at least equal prominence. (3) An owner or occupier of a lot adjacent to an estate boundary fence shall, where that fence is damaged, dilapidated or in need of repair, cause it to be repaired or replaced with the same or similar materials with which it was first constructed, so as far as practicable the repaired or replaced section shall be the same as the original fence. 3.7 Maintenance of fences (1) An owner or occupier of a lot on which a fence is constructed shall maintain the fence in good condition so as to prevent it from becoming damaged, dangerous, dilapidated or unsightly. (2) Where in the opinion of an authorised person, a fence is in a state of disrepair or is dangerous or is otherwise in breach of a provision of this local law, an authorised person may give a notice of breach under clause 8.1 to the owner or occupier of the lot on which the fence is constructed. 3.8 Fences across rights-of-way, public access ways or thoroughfares A person must not construct or maintain a fence or obstruction of a temporary or permanent nature across any right-of-way, public access way or thoroughfare so as to impede or prevent use of those facilities in the manner for which they are intended and constructed without the approval of an PART 4—FENCING MATERIALS, SCREENING AND MAINTENANCE 4.1 Prohibited materials A person must not construct a fence which is comprised, in whole or in part of spikes, broken glass, jagged materials, barbed wire, razor wire, asbestos or any other dangerous material except to the extent provided for in Part 5. 4.2 Pre-used fencing materials (1) A person shall not construct a boundary fence, dividing fence or estate fence from pre-used materials without the approval of an authorised person. (2) Where an authorised person approves the use of pre-used materials, the materials shall be structurally fit for the purpose, and comply with any conditions imposed by an authorised person. (3) Conditions for use of pre-used fencing materials may include but are not limited to— (a) painting; (b) treated; (c) specific use or placement; and (d) upgrading. 4.3 Approved materials Subject to clause 4.2, a person shall only construct a dividing fence or boundary fence from materials specified in the Schedules of this local law, unless otherwise approved or required by an authorised person. 4.4 Screening (1) Screening may be fixed to a sufficient fence that is compliant with Schedule 1 which is consistent with the colours, materials and specification of that sufficient fence. (2) Screening is not to be affixed to a fence so that the maximum height exceeds 2.1m. (3) Screening affixed to a fence shall be installed and maintained in accordance with the manufacturer’s specifications and not compromise the structural integrity of a fence. PART 5—RESTRICTED FENCING 5.1 Barbed wire fencing (1) An owner or occupier of a residential lot or special use lot shall not affix or allow to remain any barbed wire on any fence bounding that lot. (2) An owner or occupier of a rural townsite lot, rural residential lot, rural smallholding lot or general agriculture lot shall not place or affix barbed wire upon a fence on that lot where the fence is adjacent to a thoroughfare or other public place unless the barbed wire is fixed to the side of the fence posts furthest from the thoroughfare or other public place. (3) An owner or occupier of a central business lot, service commercial lot or industry lot shall not construct or affix to any fence bounding that lot any barbed wire unless— (a) the wire or material are attached on posts vertically or at an angle of 45 degrees; and (b) the bottom row of wire or other materials is not less than 2000m above the ground level. (4) If the posts which carry the barbed wire or other materials referred to in subclause (3) are angled towards the outside of the lot bounded by the fence, the face of the fence must be set back from the lot boundary a sufficient distance to ensure that the angled posts, barbed wire or other materials do not encroach onto or over adjoining land.