3822GOVERNMENT GAZETTE, WA 29 October 2019

3822 GOVERNMENT GAZETTE, WA 29 October 2019 estate boundary fence means a fence around the external boundary of a subdivision to indicate the extent of that subdivision and includes any special works or construction that indicates the entrance to that land; estate entry statement means a fence or wall that identifies the entrance of an estate, and includes any sign (indicating the estate name and locality) sculpture, flagpole or flag; estate fence means an estate entry statement or an estate boundary fence; fence means any structure, that is used or functioning as a barrier, irrespective of where it is located and includes a gate that separates the road reserve and a lot adjacent to the road reserve; front boundary means the boundary that separates a thoroughfare and the front of the lot; front setback means the horizontal distance between the front boundary and a wall of the building measured at right angle to the front boundary; height in relation to a fence means the vertical distance between— (a) the top of the fence at any point; and (b) the ground level or, where the ground levels on each side of the fence are not the same, the higher ground level, immediately below that point; industrial lot means a lot where an industrial use— (a) is or may be permitted under the town planning scheme; and land includes a house, building, work, or structure, in or on the land; lot means a defined portion of land for which a separate certificate of title has been issued and includes a strata lot; 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 which existed immediately before the commencement of the development, (including any site works); non-sacrificial graffiti protection means a coating applied to a fence or wall which is not removed in the process of removing graffiti; notice of breach means a notice referred to in clause 6.1(1); occupier has the meaning given to it in the Local Government Act 1995; owner for the purposes of the definition of ‘dividing fence’, has the meaning given to it in the Act; owner for all other purposes, has the meaning given to it in the Local Government Act 1995; permit means an electrified fence permit or a razor wire fence permit under Part 5; person has the meaning given to it in the Interpretation Act 1984; public place means a place to which the public has access; reserve means land (including parkland or foreshore) in or adjoining the district that is— (a) set apart for the use and enjoyment of the public; or (b) Acquired for public purposes and vested in or under the care control and management of the local government; razor wire fence permit means a permit, in the form of the Third Schedule, to construct a fence wholly or partly of razor wire on the lot to which the permit applies; residential lot means a lot where a residential use— (a) is or may be permitted under a local planning scheme; and retaining wall means any structure which prevents the movement of soil in order to allow ground levels of different elevations to exist adjacent to one another; right of way means a portion of land that is— (a) shown and marked ‘Right of Way’ or ‘R.O.W’, or coloured or marked in any other way to signify that the portion of land is a right of way, on any plan or diagram deposited with the Registrar of Titles that is subject to the provisions of section 167A of the Transfer of Land Act 1893; (b) shown on a diagram or plan of survey relating to a subdivision that is created as a right of way and vested in the Crown under section 152 of the Planning and Development Act 2005; or (c) shown and marked as a right of way on a map or plan deposited with the Registrar of Titles and transferred to the Crown under the Transfer of Land Act 1893, but does not include— (i) private driveway; or (ii) right of way created by easement between two parties; rural lot means a lot where a rural use— (a) is or may be permitted under a local planning scheme; and