4196GOVERNMENT GAZETTE, WA 1 August 2017

4196 GOVERNMENT GAZETTE, WA 1 August 2017 (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; district planning scheme means a local planning scheme of the local government made under the Planning and Development Act 2005; dividing fence has the meaning given to it by the Act; electrified fence means a fence carrying or designed to carry an electric charge; fence means any structure, not including a retaining wall, used or functioning as a barrier, irrespective of where it is located and includes any gate; frontage means the boundary line between a lot and the thoroughfare which that lot adjoins; front boundary means the boundary line between a lot and the thoroughfare upon which that lot abuts, or in the case of a lot abutting on more than one thoroughfare, the boundary line between the lot and the primary thoroughfare; front setback area means the area between the building line of a lot and the front boundary of that lot; 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; hours of business operations means the hours of the day during which business is usually conducted; industrial lot means a lot where an industrial use— licence means an electrified fence licence or a razor wire fence licence; (c) which is an otherwise unvested facility under section 3.53 of the Local Government Act 1995; notice of breach means a notice referred to in clause 5.1; occupier has the meaning given to it in the Local Government Act 1995; open construction means a visually permeable fence comprising of— (a) continuous gaps at least 50 millimetres wide which in aggregate occupy at least one third of the length of the fence; or (b) continuous gaps less than 50 millimetres wide which in aggregate occupy at least half of the length of the fence; provided that the gaps are evenly distributed along the length of the fence. owner has the meaning given to it in the Local Government Act 1995; public access way means a portion of public land used as a means of pedestrian access between thoroughfares or other public places and for providing a corridor for public utility services; public place means any place to which the public has access whether or not that place is on private property; razor wire means a coiled strong wire with pieces of sharp cutting edges set across it at close intervals; residential lot means a lot where a residential use— retaining wall means any structure which prevents the movement of soil or retains soil or structures in order to allow ground levels of different elevations to exist adjacent to one another; right of way means a strip of land available either for use by the general public, or a restricted section of the community, and may be created by subdivision, specific transfer, or continued use over a period of years. rural lot means a lot where a rural use—