Part 8ENFORCEMENT

PART 8—ENFORCEMENT 8.1 Notices of breach 8.2 Offences and penalties 8.3 Modified penalties 8.4 Form of notices SCHEDULE 1—SUFFICIENT FENCE—RESIDENTIAL, RURAL TOWNSITE AND SPECIAL USE LOTS SCHEDULE 2—SUFFICIENT FENCE—CENTRAL BUSINESS, INDUSTRY AND SERVICE COMMERCIAL LOTS SCHEDULE 3—SUFFICIENT FENCE—GENERAL AGRICULTURE, RURAL RESIDENTIAL AND RURAL SMALLHOLDING LOTS SCHEDULE 4—PRESCRIBED OFFENCES

6 December 2016 GOVERNMENT GAZETTE, WA 5521 Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Narrogin resolved on 22 November 2016 to make the following local law. PART 1—PRELIMINARY This local law may be cited as the Shire of Narrogin Fencing Local Law 2016. This local law comes into operation 14 days after the date of its publication in the Government Gazette. This local law applies throughout the district. The Municipality of the Town of Narrogin By Laws Relating to Fencing as published in the Government Gazette on 8 January 1988, are repealed. 1.5 Definitions In this local law unless the context otherwise requires— applicant means a person who makes an application for approval under this local law; approval means a favourable decision in respect of an application which is in writing, may be subject to conditions and which allows a proposal to proceed; AS or AS/NZS means an Australian or Australian/New Zealand Standard published by Standards Australia, and available for viewing free of charge at the Shire of Narrogin Administration Centre; authorised person means a person appointed by the local government to perform any of the functions under this local law; boundary fence means a fence constructed on the boundary of a lot which abuts a thoroughfare, and results in the application of section 16(1) of the Dividing Fences Act 1961; Building Code has the meaning given in section 3 of the Building Regulations 2012; central business lot men a lot zoned as central business under the local planning scheme; CEO means the Chief Executive Officer of the local government; dangerous in relation to any fence means— (a) an electrified fence which does not comply with clause 5.2 of this local law; (b) a fence containing barbed wire other than a fence constructed and maintained in accordance with this local law; (c) a fence containing exposed broken glass, asbestos fibre, razor wire, metal spikes or any other potentially harmful projection or material; or (d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall, from any cause; district means the district of the local government; dividing fence has the meaning given in section 5 of the Dividing Fences Act 1961; electrified fence means a fence carrying or designed to carry an electric charge; estate entry statement means a fence, or wall constructed of masonry or other materials to identify the entrance of an estate and may include but not be limited to a sign indicating the estate name and locality, sculptures, flagpoles and flags; estate boundary fence means the fence constructed around the external boundary of a subdivision of land to indicate the extent of that subdivision and includes any special works or construction that identifies the entrance to that land;