3826GOVERNMENT GAZETTE, WA 29 October 2019

3826 GOVERNMENT GAZETTE, WA 29 October 2019 (3) Screening affixed to a fence shall be installed and maintained in accordance with the manufacturers specifications and shall not undermine the structural integrity of the fence. PART 5—ELECTRIFIED AND RAZOR WIRE FENCES 5.1 Requirements for a Permit (1) An owner or occupier of a lot, other than a rural lot, shall not— (a) have and use an electrified fence on that lot without first obtaining a permit under subclause (2); or (b) construct a fence wholly or partly of razor wire on that lot without first obtaining a permit under subclause (3). (2) A permit to have and use an electrified fence shall not be issued— (a) in respect of a lot which is or which abuts a residential lot; (b) unless the fence is of a design which will comply with AS/NZS 3016:2002 Electrical installations—Electricity security fences; and (c) unless provision is made so as to enable the fence to be rendered inoperable during the hours of business operations, if any, on the lot where it is erected. (3) A permit to have a fence constructed wholly or partly of razor wire shall not be issued— (a) if the fence is within 3m of the boundary of the lot; (b) where any razor wire used in the construction of the fence is less than 2000mm or more than 2400mm above the ground level. (4) An application for a permit referred to in subclauses (2) or (3) shall be made by the owner of the lot on which the fence is or is to be erected, or by the occupier of the lot with the written consent of the owner. 5.2 Application for a Permit (1) An owner or occupier of land may apply to the local government for an electrified fence permit or a razor wire fence licence permit. (2) An application for a permit must— (a) be in the form determined by the local government; (b) include— (i) a written consent signed by the owner of the land on which the proposed fence is to be located—unless the applicant is the owner of that land; and (ii) any further information may be required by the local government; and (c) be accompanied by any fee imposed by the Council under sections 6.16 to 6.19 of the Local Government Act 1995. 5.3 Determining an application (1) The local government may refuse to consider an application that does not comply with clause 5.2. (2) The local government may— (a) approve an application, subject to any conditions that it considers to be appropriate; or (b) refuse to approve an application. (3) If the local government approves an application, it is to issue a permit in the form set out in the Second Schedule or the Third Schedule (as the case may be). (4) The local government may vary a condition to which a permit is subject by giving written notice to the permit holder and the varied condition takes effect 7 days after that notice is given. 5.4 Transfer of a permit (1) A permit referred to in clause 5.1 shall transfer with the land to any new occupier or owner of the lot, to which the permit applies. (2) On an application by a new owner or occupier, the local government is to transfer the relevant permit to that new owner or occupier (as the case may be) by a written endorsement on the permit. 5.5 Cancellation of a Permit Subject to Division 1 Part 9 of the Local Government Act 1995, the local government may cancel a permit issued under this Part if— (a) the permit holder requests the local government to do so; (b) the fence to which the permit applies is being demolished and not being rebuilt for at least 6 months; (c) the fence no longer satisfies the requirements specified in clause 5.1(2) or 5.1(3) as the case may be; (d) the permit holder breaches any condition upon which the permit has been issued; or (e) the permit holder fails to comply with a notice issued under clause 6.1.