3820GOVERNMENT GAZETTE, WA 29 October 2019

3820 GOVERNMENT GAZETTE, WA 29 October 2019 FIRST SCHEDULE SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT SECOND SCHEDULE PERMIT FOR AN ELECTRIFIED FENCE THIRD SCHEDULE PERMIT FOR A RAZOR WIRE FENCE FOURTH SCHEDULE OFFENCES AND MODIFIED PENALTIES

29 October 2019 GOVERNMENT GAZETTE, WA 3821 Under the powers conferred by the Local Government Act 1995 and by all other powers enabling it, the Council of the Shire of Northam resolved on 16 October 2019 to make the following local law. This local law may be cited as the Shire of Northam Fencing Local Law 2019. This local law comes into operation on the 14th day after the day on which it is published in the Government Gazette. The Shire of Northam Fencing Local Law 2008 published in the Government Gazette on 16 September 2008 and all amendments thereto are hereby repealed on the day this local law comes into operation. This local law applies throughout the district. (1) In this local law, unless the context requires otherwise— Act means the Local Government Act 1995; AS/NZS means an Australian Standard published by the Standards Association of Australia and as amended from time to time; Local Government Act 1995 to carry out functions with respect to this local law; boundary fence means a fence, other than a dividing fence, that separates the lands of different owners whether the fence is on the common boundary of adjoining lands or on a line other than a common boundary; building permit means a building permit issued pursuant to the Building Act 2011; CEO means the Chief Executive Officer of the Shire of Northam; commercial lot means a lot where a commercial use— (a) is or may be permitted under the town planning scheme; and dangerous in relation to any fence means— (a) an electrified fence other than a fence in respect of which a permit under Part 5 of this local law has been issued and is current; (b) a fence containing barbed wire other than a fence erected and maintained in accordance with this local law; (c) a fence containing exposed broken glass, asbestos fibre, razor wire 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; dividing fence means a fence that separates the lands of different owners whether the fence is on the common boundary of adjoining lands or on a line other than the common boundary; electrified fence means a fence carrying or designed to carry an electric charge; electrified fence permit means a permit, in the form of the Second Schedule, to have and use an electrified fence on the lot to which the permit applies;