Dogs Local Law 2018

!2018032GG! 719 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, TUESDAY, 6 MARCH 2018 No. 32 SPECIAL PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.30 PM © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT SHIRE OF VICTORIA PLAINS

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LOCAL GOVERNMENT ACT 1995 DOG ACT 1976 DOGS LOCAL LAW 2018 ——————————— LOCAL GOVERNMENT ACT 1995 FENCING LOCAL LAW 2018

6 March 2018 GOVERNMENT GAZETTE, WA 721 LOCAL GOVERNMENT ACT 1995 DOG ACT 1976 SHIRE OF VICTORIA PLAINS DOGS LOCAL LAW 2018 CONTENTS PART 1—PRELIMINARY 1.1 Citation 1.2 Commencement 1.3 Application 1.4 Repeal 1.5 Definitions PART 2—IMPOUNDING OF DOGS 2.1 Fees and charges 2.2 Attendance of authorised person at dog management facility 2.3 Release of impounded dog 2.4 Unauthorised release PART 3—KEEPING OF DOGS 3.1 Dogs to be confined 3.2 Limitation on the number of dogs 3.3 Application to keep additional dog or dogs 3.4 Determination of application 3.5 Where application cannot be approved 3.6 Conditions of approval 3.7 Revocation of licence to keep additional dogs PART 4—APPROVED KENNEL ESTABLISHMENTS 4.1 Application for licence for approved kennel establishment 4.2 Notice of proposed use 4.3 Exemption from notice requirements 4.4 When application can be determined 4.5 Determination of application 4.6 Where application cannot be approved 4.7 Conditions of approval 4.8 Compliance with conditions of approval 4.9 Fees 4.10 Form of licence 4.11 Period of licence 4.12 Variation or cancellation of licence 4.13 Transfer 4.14 Notification 4.15 Objections and appeals 4.16 Inspection of kennel PART 5—DOGS IN PUBLIC PLACES 5.1 Places where dogs are prohibited absolutely 5.2 Places which are dog exercise areas PART 6—MISCELLANEOUS 6.1 Fees and charges 6.2 Offence to excrete PART 7—ENFORCEMENT 7.1 Offences 7.2 General penalty 7.3 Modified penalties 7.4 Issue of infringement notice 7.5 Failure to pay modified penalty 7.6 Payment of modified penalty 7.7 Withdrawal of infringement notice 7.8 Service of notices SCHEDULE 1—INFORMATION REQUIRED FOR APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT SCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT SCHEDULE 3—PRESCRIBED OFFENCES

6 March 2018 GOVERNMENT GAZETTE, WA 723 LOCAL GOVERNMENT ACT 1995 DOG ACT 1976 SHIRE OF VICTORIA PLAINS DOGS LOCAL LAW 2018 Under the powers conferred by the Dog Act 1976, the Local Government Act 1995 and all other powers enabling it, the Council of the Shire of Victoria Plains resolved on 31 January 2018 to make the following local law. PART 1—PRELIMINARY 1.1 Citation This local law may be cited as the Shire of Victoria Plains Dogs Local Law 2018. 1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 1.3 Application This local law applies throughout the district. 1.4 Repeal The By-laws Relating to Dogs made by the Shire of Victoria Plains and published in the Government Gazette on 16 October 1987, are repealed. 1.5 Definitions In this local law unless the context otherwise requires— Act means the Dog Act 1976; adjoining includes land or premises which have a portion of a common boundary with a lot or is separated from that lot by a public reserve, road, right-of-way, pedestrian access way, access leg of a battle-axe lot or the equivalent not more than 6m in width; authorised person means a person appointed by the local government to perform all or any of the functions conferred on an authorised person under this local law; CEO means the Chief Executive Officer of the local government; dangerous dog has the meaning given to it by section 3(1) of the Act; district means the district of the Shire of Victoria Plains; dog management facility has the meaning given to it in section 3(1) of the Act; infringement notice means the notice referred to in clause 7.4; kennel establishment means any premises where more than the number of dogs under clause 3.3 over the age of 3 months are kept, boarded, trained or bred temporarily, usually for profit and where the occupier of the premises is not the ordinary keeper of the dogs; licence means a licence to keep an approved kennel establishment on premises granted under clause 4.7; licensee means the holder of a licence granted under clause 4.7; local government means the Shire of Victoria Plains; local planning scheme means a planning scheme of the local government made under the Planning and Development Act 2005; notice of withdrawal means the notice referred to in clause 7.7(1); owner, in relation to a dog, has the same meaning as in section 3(1) and (2) of the Act; person liable for the control of the dog has the same meaning as in section 3(1) of the Act; premises in addition to the meaning given to it in section 3 of the Act, means the premises described in the application for a licence made under clause 4.1; public place has the meaning given to it by section 3(1) of the Act; Regulations means the Dog Regulations 2013; Schedule means a schedule to this local law;

724 GOVERNMENT GAZETTE, WA 6 March 2018 set fee means a fee or charge made by the local government in accordance with clause 2.1 or clause 4.9; thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995; and transferee means a person who applies for the transfer of a licence to her or him under clause 4.13. PART 2—IMPOUNDING OF DOGS 2.1 Fees and charges The following are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995— (a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding of a dog; (b) the additional set fee payable under section 29(4) of the Act where a dog is released at a time or on a day other than those determined under clause 2.2; and (c) application for additional costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act. 2.2 Attendance of authorised person at dog management facility An authorised person is to be in attendance at the dog management facility for the release of dogs at the times and on the days of the week as determined by the CEO. 2.3 Release of impounded dog (1) A claim for the release of a dog seized and impounded is to be made to an authorised person. (2) An authorised person is not to release a dog seized and impounded to any person unless that person has produced, to the satisfaction of an authorised person, evidence— (a) of her or his ownership of the dog or of her or his authority to take delivery of it; or (b) that he or she is the person identified as the owner on a microchip implanted in the dog. 2.4 Unauthorised release Unauthorised release of dogs is dealt with by section 43 of the Act. PART 3—KEEPING OF DOGS 3.1 Dogs to be confined (1) An occupier of premises on which a dog is kept must— (a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of confining the dog; (b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height and construction which having regard to the breed, age, size and physical condition of the dog is capable of preventing the dog at all times from passing over, under or through it; (c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the premises (unless the gate is temporarily opened in a manner that ensures that the dog remains confined) and is fitted with a proper latch or other means of fastening it; (d) maintain the fence and all gates and doors in the fence in good order and condition; and (e) where no part of the premises consists of open space, yard or garden or there is no open space or garden or yard of which the occupier has exclusive use or occupation, ensure that other means exist on the premises (other than the tethering of the dog) for effectively confining the dog within the premises. (2) Where an occupier fails to comply with subclause (1), he or she commits an offence. (3) Notwithstanding subclause (1) and (2), the confinement of dangerous dogs is dealt with in the Act and the Regulations. 3.2 Limitation on the number of dogs (1) This clause does not apply to premises which have been— (a) licensed under Part 4 of this local law as an approved kennel establishment; or (b) granted an exemption under section 26(3) of the Act. (2) The limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(4) of the Act— (a) 2 dogs over the age of 3 months and the young of those dogs under that age if the premises are zoned other than as rural or rural residential under a local planning scheme; or (b) 4 dogs over the age of 3 months and the young of those dogs under that age if the premises are zoned as rural or rural residential under a local planning scheme. 3.3 Application to keep additional dog or dogs (1) Subject to clause 3.5, the local government may consider an application to keep an additional dog or dogs where— (a) the property is deemed suitable by an authorised person— (i) having sufficient space capable of confining all dogs; (ii) noise, odours, fleas, flies and other vectors of disease will be effectively controlled; and (iii) the care and welfare of the dogs is considered adequate.

6 March 2018 GOVERNMENT GAZETTE, WA 725 (b) the details of every dog proposed to be kept on the premises are provided including name, age, colour/description, breed, registration number and microchip details; and (c) sufficient reason has been provided, including— (i) to replace an elderly or sick dog not expected to live; (ii) a family emergency resulting in the dog being inherited; (iii) merging of 2 households; (iv) where the applicants have had approval to keep an additional dog or dogs in another local authority; or (v) on premises zoned as rural or rural residential under a local planning scheme, the dog or dogs are required for stock management or to be on the premises temporarily for the purposes of training for stock management. (2) An application to keep 2 additional dogs on premises that are zoned other than as rural or rural residential under a local planning scheme shall— (a) provide sufficient detail regarding the reason for keeping more than 2 dogs; (b) provide written consent from owners and occupiers of any premises adjoining the premises; and (c) in the case of a tenanted property, provide written consent from either the landowner or their appointed property manager. (3) An application to keep more than 4 dogs on premises zoned as rural or rural residential under a local planning scheme shall— (a) provide sufficient detail regarding the reason for keeping more than 4 dogs; and (b) in the case of a tenanted property, provide written consent from either the landowner or their appointed property manager. 3.4 Determination of application In determining an application for a licence, the local government is to have regard to— (a) the matters referred to in clause 3.5; (b) the effect which approval of the proposed may have on the environment or amenity of the neighbourhood; and (c) whether approval of the application will create a nuisance for the owners and occupiers of adjoining premises. 3.5 Where application cannot be approved The local government will not approve an application to keep an additional dog or dogs where— (a) more than 4 dogs are proposed to be kept on premises zoned other than as rural or rural residential under a local planning scheme; (b) more than 6 dogs are proposed to be kept on premises zoned as rural or rural residential under a local planning scheme; or (c) where any dog already kept on the premises is a dangerous dog. 3.6 Conditions of approval (1) The local government may approve an application to keep an additional dog or dogs subject to any conditions as considered appropriate. (2) Approval of an application is not transferable to successive owners or occupiers of the premises. 3.7 Revocation of licence to keep additional dogs Where a person does not comply with the conditions of approval to keep an additional dog or dogs under clause 3.6 the local government may revoke the approval to keep an additional dog or dogs. PART 4—APPROVED KENNEL ESTABLISHMENTS 4.1 Application for licence for approved kennel establishment An application for a licence must contain the information listed in Schedule 1, and must be lodged with the local government together with— (a) a written acknowledgement that the applicant has read and agrees to comply with any code of practice relating to the keeping of dogs nominated by the local government; (b) any other information reasonably required by the local government; and (c) the set fee for the application for a licence referred to in clause 4.9(1). 4.2 Notice of proposed use (1) An applicant for a licence must give notice of the proposed use of the premises as an approved kennel establishment after the application for a licence has been lodged— (a) once in a newspaper circulating in the district; and (b) to the owners and occupiers of any premises adjoining the premises. (2) The notices in subclause (1) must specify that— (a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days of the date the notice is given; and

726 GOVERNMENT GAZETTE, WA 6 March 2018 (b) the application, plans and specifications may be inspected at the offices of the local government. (3) The local government may refuse to determine the application for a licence until the notice or notices, as the case may be, is given in accordance with its directions where— (a) a notice given under subclause (1) does not clearly identify the premises; or (b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in the opinion of the local government, would fail to serve the purpose of notifying persons of the proposed use of the premises. 4.3 Exemption from notice requirements The requirements of clauses 4.2 and 4.4(a) and Schedule 1 clause 5(c) do not apply in respect of the application for a licence where under a local planning scheme an application for a licence is made in respect of premises on which an approved kennel establishment is either a— (a) permitted use; or (b) use which the local government may approve subject to compliance with specified notice requirements. 4.4 When application can be determined An application for a licence is not to be determined by the local government until— (a) the applicant has complied with clause 4.2; (b) the applicant submits proof that the notices referred to in clause 4.2(1) have been given in accordance with that clause; and (c) the local government has considered any written submissions received within the time specified in clause 4.2(2)(a) on the proposed use of the premises. 4.5 Determination of application In determining an application for a licence, the local government is to have regard to— (a) the matters referred to in clause 4.6; (b) any written submissions received within the time specified in clause 4.2(2)(a) on the proposed use of the premises; (c) any economic or social benefits which may be derived by any person in the district if the application for a licence is approved; (d) the effect which the kennel establishment may have on the environment or amenity of the neighbourhood; (e) whether the approved kennel establishment will create a nuisance for the owners and occupiers of adjoining premises; and (f) whether or not the imposition of and compliance with appropriate conditions of a licence will mitigate any adverse effects of the approved kennel establishment identified in the preceding paragraphs. 4.6 Where application cannot be approved The local government cannot approve an application for a licence where— (a) an approved kennel establishment cannot be permitted by the local government on the premises under a local planning scheme; or (b) an applicant for a licence or another person who will have the charge of the dogs will not reside on the premises, or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare. 4.7 Conditions of approval (1) The local government may approve an application for a licence subject to the conditions contained in Schedule 2 and to such other conditions as the local government considers appropriate. (2) In respect of a particular application for a licence, the local government may vary any of the conditions contained in Schedule 2. 4.8 Compliance with conditions of approval A licensee who does not comply with the conditions of a licence commits an offence. 4.9 Fees (1) On lodging an application for a licence, the applicant is to pay a set fee to the local government. (2) On the issue or renewal of a licence, the licensee is to pay a set fee to the local government. (3) On lodging an application for the transfer of a valid licence, the transferee is to pay a set fee to the local government. (4) The set fees referred to in subclauses (1) to (3) are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. 4.10 Form of licence The licence is to be in the form determined by the local government from time to time and is to be issued to the licensee.

6 March 2018 GOVERNMENT GAZETTE, WA 727 4.11 Period of licence (1) The period of effect of a licence is set out in section 27(5) of the Act. (2) A licence is to be renewed if the set fee referred to in clause 4.9(2) is paid to the local government prior to the expiry of the licence. (3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have effect. 4.12 Variation or cancellation of licence (1) The local government may vary the conditions of a licence. (2) The local government may cancel a licence— (a) on the request of the licensee; (b) following a breach of the Act, the Regulations or this local law; or (c) if the licensee is not a fit and proper person. (3) The date a licence is cancelled is to be, in the case of— (a) paragraph (a) of subclause (2), the date requested by the licensee; or (b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act. (4) If a licence is cancelled the set fee paid for that licence is not refundable for the term of the licence that has not yet expired. 4.13 Transfer (1) An written application for the transfer of a valid licence from the licensee to another person must be— (a) made by the transferee; (b) made with the written consent of the licensee; and (c) lodged with the local government together with— (i) written evidence that a person will reside at or within reasonably close proximity to the premises the subject of the licence; (ii) the set fee for the application for the transfer of a licence referred to in clause 4.9(3); and (iii) any other relevant information required. (2) The local government is not to determine an application for the transfer of a valid licence until the transferee has complied with subclause (1). (3) The local government may approve, whether or not subject to such conditions as it considers appropriate, or refuse to approve an application for the transfer of a valid licence. (4) Where the local government approves an application for the transfer of a valid licence, then on the date of approval, unless otherwise specified in the notice issued under clause 4.14(b), the transferee becomes the licensee of the licence for the purposes of this local law. 4.14 Notification The local government is to give written notice to— (a) an applicant for a licence of the local government’s decision on her or his application; (b) a transferee of the local government’s decision on her or his application for the transfer of a valid licence; (c) a licensee of any variation made under clause 4.12(1); (d) a licensee when her or his licence is due for renewal and the manner in which it may be renewed; (e) a licensee when her or his licence is renewed; (f) a licensee of the cancellation of a licence under clause 4.12(2)(a); and (g) a licensee of the cancellation of a licence under clause 4.12(2)(b) or (c), which notice is to be given in accordance with section 27(6) of the Act. 4.15 Objections and appeals (1) The provisions of Division 1 of Part 9 of the Local Government Act 1995 and regulation 33 of the Local Government (Functions and General) Regulations 1996 apply to a decision where the local government makes a decision as to whether it will— (a) grant an application for a licence; (b) vary or cancel a licence; (c) impose or amend a condition to which a licence is subject; or (d) transfer of a licence. (2) Under these provisions, an affected person may have the right to object to, or to appeal against, a decision of the local government. 4.16 Inspection of kennel With the consent of the occupier, an authorised person may inspect an approved kennel establishment at any time.

728 GOVERNMENT GAZETTE, WA 6 March 2018 PART 5—DOGS IN PUBLIC PLACES 5.1 Places where dogs are prohibited absolutely Designation of places where dogs are prohibited absolutely is dealt with in the Act. 5.2 Places which are dog exercise areas Designation of places which are dog exercise areas is dealt with in the Act. PART 6—MISCELLANEOUS 6.1 Fees and charges Set fees and charges are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. 6.2 Offence to excrete (1) A dog must not excrete on— (a) any thoroughfare or other public place; or (b) any land which is not a public place without the consent of the occupier. (2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the control of the dog at that time commits an offence. (3) The person liable for the control of the dog does not commit an offence against subclause (2) if any excreta is removed immediately by that person. PART 7—ENFORCEMENT 7.1 Offences A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. 7.2 General penalty A person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding $5,000 and if the offence is of a continuing nature, to an additional penalty not exceeding $100 for each day or part of the day during which the offence has continued. 7.3 Modified penalties (1) The offences contained in Schedule 3 are offences in relation to which a modified penalty may be imposed. (2) The amount appearing in the fourth column of Schedule 3 directly opposite an offence is the modified penalty payable in respect of that offence if the dog is not a dangerous dog. (3) The amount appearing in the fifth column of Schedule 3 directly opposite an offence is the modified penalty payable in respect of that offence if the dog is a dangerous dog. 7.4 Issue of infringement notice Where an authorised person has reason to believe that a person has committed an offence in respect of which a modified penalty may be imposed, he or she may issue to that person a notice in the form of Form 2 of Schedule 1 of the Local Government (Functions and General) Regulations 1996. 7.5 Failure to pay modified penalty Where a person who has received an infringement notice fails to pay the modified penalty within the time specified in the notice, or within such further time as may in any particular case be allowed by the CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified penalty. 7.6 Payment of modified penalty A person who has received an infringement notice may, within the time specified in that notice or within such further time as may in any particular case be allowed by the CEO, send or deliver to the local government the amount of the penalty, with or without a reply as to the circumstances giving rise to the offence, and the local government may appropriate that amount in satisfaction of the penalty and issue an acknowledgment. 7.7 Withdrawal of infringement notice (1) Whether or not the modified penalty has been paid, an authorised person may withdraw an infringement notice by sending a notice in the form of Form 3 of Schedule 1 of the Local Government (Functions and General) Regulations 1996. (2) A person authorised to issue an infringement notice under clause 7.4 cannot sign or send a notice of withdrawal. 7.8 Service of notices An infringement notice or a notice of withdrawal may be served on a person personally, or by leaving it at or posting it to her or his address as ascertained from her or him, or as recorded by the local government under the Act, or as ascertained from inquiries made by the local government.

6 March 2018 GOVERNMENT GAZETTE, WA 729 SCHEDULE 1—INFORMATION REQUIRED FOR APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT [cl. 4.1]

1. Details of applicant/s— (a) Full name/s of applicant/s (b) Postal address (c) Telephone number (d) Mobile number (e) Fax number (f) E-mail address.
2. Address of proposed premises
3. Dogs to be kept— (a) Number (b) Breed
4. Either— (a) Person residing on the premises— (i) Name (ii) As from (iii) Mobile phone number, or (b) Person sufficiently close to the premises so as to control the dogs and ensure their health and welfare— (i) Name (ii) Address (iii) As from (iv) Mobile phone number.
5. To be included— (a) a site plan of the premises showing the location of the kennels and yards and all other buildings and structures and fences; (b) plans and specifications of the proposed kennel establishment; (c) copy of notice of proposed use to appear in newspaper and to be given to adjoining premises under clause 4.2; (d) written evidence that a person will reside— (i) at the premises; or (ii) sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare; and (e) if the person in item (e) is not the applicant, written evidence that the person is a person in charge of the dogs
6. Signature of applicant/s
7. Date ———— SCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT [cl. 4.7] An application for a licence for an approved kennel establishment may be approved subject to the following conditions— (a) each kennel, unless it is fully enclosed, must have a yard attached to it; (b) each kennel and each yard must be at a distance of not less than— (i) 25m from the front boundary of the premises and 5m from any other boundary of the premises; (ii) 10m from any dwelling; and (iii) 25m from any church, school room, hall, factory, dairy or premises where food is manufactured, prepared, packed or stored for human consumption; (c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or netting or other materials approved by the local government; (d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the breed of dog (when it is fully grown), squared, times the number of dogs to be housed in the kennel and the length of the dog is to be determined by measuring from the base of the tail to the front of its shoulder; (e) the floor area of the yard attached to any kennel or group of kennels must be at least twice the floor area of the kennel or group of kennels to which it is attached; (f) the upper surface of the kennel floor must be— (i) at least 100mm above the surface of the surrounding ground; (ii) smooth so as to facilitate cleaning;

730 GOVERNMENT GAZETTE, WA 6 March 2018 (iii) rigid; (iv) durable; (v) slip resistant; (vi) resistant to corrosion; (vii) non-toxic; (viii) impervious; (ix) free from cracks, crevices and other defects; and (x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in turn must lead to a suitably sized diameter sewerage pipe which must be properly laid, ventilated and trapped in accordance with the health requirements of the local government; (g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to approved apparatus for the treatment of sewage in accordance with the health requirements of the local government; (h) the kennel floor must have a durable upstand rising 75mm above the floor level from the junction of the floor and external and internal walls, or internal walls must be so constructed as to have a minimum clearance of 50mm from the underside of the bottom plate to the floor; (i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of any kennel; (j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of— (i) 2m; or (ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured from the floor to the uppermost tip of its shoulders while in a stationary upright position; (k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted internally and externally with good quality new zincalume or new pre-finished colour coated steel sheeting or new fibrous cement sheeting or other durable material approved by the local government; (l) all external surfaces of each kennel must be kept in good condition; (m) the roof of each kennel must be constructed of impervious material; (n) all kennels and yards and drinking vessels must be maintained in a clean condition and must be cleaned and disinfected when so ordered by an authorised person; (o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for the treatment of sewage; (p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled; (q) suitable water must be available at the kennel via a properly supported standpipe and tap; and (r) the licensee or the person nominated in the application for a licence, must, in accordance with the application for the licence, continue to reside— (i) at the premises; or (ii) in the opinion of the local government, sufficiently close to the premises so as to control the dogs, and to ensure their health and welfare. ———— SCHEDULE 3—PRESCRIBED OFFENCES [cl. 7.3] Item Clause Nature of Offence Modified Penalty $ Dangerous Dog Modified Penalty $ 1 3.1 Failing to provide means for effectively confining a dog 200 As per Regulations 2 3.6 Failure to comply with conditions of approval to keep additional dog or dogs 200 500 3 6.2 Dog excreting in prohibited place 100 100 ———— Dated: 31 January 2018. The Common Seal of the Shire of Victoria Plains was affixed by authority of a resolution of Council in the presence of— D. S. LOVELOCK, President. G. M. TEEDE, Chief Executive Officer. ———————————

6 March 2018 GOVERNMENT GAZETTE, WA 731 LOCAL GOVERNMENT ACT 1995 SHIRE OF VICTORIA PLAINS FENCING LOCAL LAW 2018 CONTENTS PART 1—PRELIMINARY 1.1 Citation 1.2 Commencement 1.3 Application 1.4 Definitions 1.5 Requirements of local planning scheme 1.6 Requirements of Building Act 2011 PART 2—SUFFICIENT FENCES 2.1 Sufficient fences—requirement 2.2 Sufficient fences—generally 2.3 Sufficient fences—between lots having different requirements 2.4 General discretion of the local government 2.5 Transitional provision PART 3—FENCING GENERALLY 3.1 Fences within front and secondary setback areas 3.2 Alteration of ground levels 3.3 Obstruction of watercourse 3.4 Gates or doors in fences 3.5 Retaining walls 3.6 Estate fencing 3.7 Maintenance of fences 3.8 Fences across rights-of-way, public access ways or thoroughfares PART 4—FENCING MATERIALS, SCREENING AND MAINTENANCE 4.1 Prohibited materials 4.2 Pre-used fencing materials 4.3 Approved materials 4.4 Screening PART 5—RESTRICTED FENCING 5.1 Barbed wire fencing 5.2 Electrified fencing 5.3 Razor wire fencing PART 6—APPROVALS 6.1 Application for approval 6.2 Decision on application for approval 6.3 Compliance with approval 6.4 Cancellation of an approval 6.5 Duration of approval PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review 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 AND TOWNSITE LOTS SCHEDULE 2—SUFFICIENT FENCE—COMMERCIAL, INDUSTRY, SERVICE INDUSTRY AND SPECIAL USE LOTS SCHEDULE 3—SUFFICIENT FENCE—RURAL AND RURAL RESIDENTIAL LOTS SCHEDULE 4—PRESCRIBED OFFENCES

6 March 2018 GOVERNMENT GAZETTE, WA 733 LOCAL GOVERNMENT ACT 1995 SHIRE OF VICTORIA PLAINS FENCING LOCAL LAW 2018 Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Victoria Plains resolved on 31 January 2018 to make the following local law. PART 1—PRELIMINARY 1.1 Citation This local law may be cited as the Shire of Victoria Plains Fencing Local Law 2018. 1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 1.3 Application This local law applies throughout the district. 1.4 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 Victoria Plains 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; commercial lot means a lot zoned as commercial 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 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; 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;

734 GOVERNMENT GAZETTE, WA 6 March 2018 fence means any structure used or functioning as a barrier, irrespective of where it is located and includes any affixed gate or screening; 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 the top of the fence at any point and— (a) the ground level; or (b) where the ground levels on each side of the fence are not the same, the higher ground level, immediately below that point; or (c) where the fence is constructed on a retaining wall approved by the local government, from the top of the retaining wall; industry lot means a lot zoned as industry under the local planning scheme; local government means the Shire of Victoria Plains; local planning scheme means a local planning scheme and includes any structure plan adopted or approved by the local government made under the Planning and Development Act 2005; lot has the meaning given to it in and for the purposes of the Planning and Development Act 2005; notice of breach means a notice referred to in clause 8.1; occupier has the meaning given to it in section 1.4 of the Local Government Act 1995; owner has the meaning given to it in section 5 of the Dividing Fences Act 1961; repair has the meaning given to it under section 5 of the Dividing Fences Act 1961; residential lot means a lot zoned as residential under the local planning scheme; retaining wall means any structure prevents the movement of soil in order to allow ground levels of different elevations to exist adjacent to one another; rural lot means a lot zoned as rural under the local planning scheme; rural residential lot means a lot zoned as rural residential under the local planning scheme; Schedule means a Schedule to this local law; screening means any perforated panels or trellises composed of solid or obscured translucent panels; service industry lot means a lot zoned as service industry under the local planning scheme; set fee means a fee determined by the local government in accordance with sections 6.16 to 6.19 of the Local Government Act 1995; special use lot means a lot zoned as special use under the local planning scheme; street setback area has the meaning given to it for the purposes of the Residential Design Codes of Western Australia; sufficient fence means a fence described in clause 2.2 or 2.3 and includes a fence of the description and quality agreed upon by the owners of adjoining lots which does not fail to satisfy clause 2.2 or 2.3; thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995; and townsite lot means a lot zoned as townsite under the local planning scheme. 1.5 Requirements of local planning scheme In the event of any inconsistency between the provisions of a local planning scheme and the provisions of this local law, the provisions of the local planning scheme are to prevail. 1.6 Requirements of Building Act 2011 Nothing in this local law affects a provision in any written law in respect of a building permit for a fence. PART 2—SUFFICIENT FENCES 2.1 Sufficient fences—requirement A person shall not construct a dividing fence or a boundary fence that is not a sufficient fence. 2.2 Sufficient fences—generally Subject to clause 2.3 a sufficient fence— (a) on a residential lot or townsite lot is a dividing fence or a boundary fence constructed in accordance with Schedule 1; (b) on a commercial lot, industry lot, service industry lot or special use lot is a dividing fence or a boundary fence constructed in accordance with Schedule 2; and (c) on a rural lot or rural residential lot is a dividing fence or a boundary fence constructed in accordance with Schedule 3.

6 March 2018 GOVERNMENT GAZETTE, WA 735 2.3 Sufficient fences—between lots having different requirements Where a fence is constructed on or near the boundary between— (a) a residential lot or townsite lot and a lot zoned for any other purpose, a sufficient fence is a fence constructed in accordance with Schedule 1; and (b) a commercial lot, industry lot, or service industry lot and a rural lot or rural residential lot, a sufficient fence is a fence constructed in accordance with Schedule 3. 2.4 General discretion of the local government (1) Notwithstanding the provisions of clause 2.1, an authorised person may give written consent for the construction or repair of a fence which is not a sufficient fence where all of the owners of the lots adjoin the fence make an application for approval for that purpose. (2) In determining whether to grant its approval under subclause (1), the local government may consider whether the construction or repair of the fence would have an adverse effect on— (a) the safe or convenient use of any land; (b) the safety or convenience of any person; (c) the visual amenity of the locality; and (d) any other matter considered relevant. 2.5 Transitional provision A dividing fence or fence lawfully constructed prior to this local law coming into operation constitutes a sufficient fence. PART 3—FENCING GENERALLY 3.1 Fences within front and secondary setback areas (1) A person shall not, without the written consent of an authorised person, construct a free-standing fence greater than 1200mm in height, within the front setback area of a residential lot or townsite lot. (2) An authorised person may approve the construction of a fence of a height greater than 1200mm in the front setback area of a residential lot or townsite lot, if provision is made for lines of vision for a motorist using the driveway to access a thoroughfare where the fence on each side of the driveway into the lot across the front boundary is angled— (a) into the lot for a distance of not less than 1500mm along the frontage, and (b) to a distance of not less than 1500mm from the frontage. (3) The provision of subclause (2) shall not apply to a fence of open construction that does not obscure the lines of vision of a motorist using the driveway for access to a thoroughfare. (4) The provision of subclause (2) shall apply to a secondary setback area where a driveway in the secondary setback area is used as the primary driveway access. 3.2 Alteration of ground levels (1) A person shall not alter the natural ground level of land on or within 1000mm of the boundary of a lot, whether by removing soil or bringing onto the land any fill of any kind, by more than 500mm without the approval of an authorised person. (2) A fence constructed of corrugated fibre-reinforced pressed cement shall not have more than 150mm difference in the ground levels on each side of the fence. (3) Where land has been filled or retained to a height of more than 500mm above natural ground level at or within 1000mm of a boundary of a lot, a person shall only construct a dividing fence that is a sufficient fence on the said filled land or retaining wall if the person produces to an authorised person the written agreement of the owners of the adjoining lot. 3.3 Obstruction of watercourse No person shall construct a fence of impervious material in any place, position or location where it will, or is likely to, act as a barrier to or restrict the flow of a natural watercourse. 3.4 Gates or doors in fences A person shall not construct a gate or door in a fence which encroaches into or over any other property. 3.5 Retaining walls A person must not commence to construct a retaining wall which is on the boundary line unless— (a) an application has been lodged with the local government including— (i) two copies of a plan and specifications of the proposed retaining wall; and (ii) in the case of a retaining wall exceeding 500mm in height and when required by an authorised person, engineering calculations in respect of the proposed retaining wall; and (b) an authorised person has approved the application. 3.6 Estate fencing (1) A person shall not construct an estate entry statement or estate boundary fence without the approval of an authorised person.

736 GOVERNMENT GAZETTE, WA 6 March 2018 (2) Where an estate entry statement or estate boundary fence is constructed and contains an estate name, the entry statement or estate boundary fence shall also depict the locality name in at least equal prominence. (3) An owner or occupier of a lot adjacent to an estate boundary fence shall, where that fence is damaged, dilapidated or in need of repair, cause it to be repaired or replaced with the same or similar materials with which it was first constructed, so as far as practicable the repaired or replaced section shall be the same as the original fence. 3.7 Maintenance of fences An owner or occupier of a lot on which a fence is constructed shall maintain the fence in good condition and suitably enclosed so as to prevent it from becoming damaged, dangerous, dilapidated, unfit for purpose or unsightly. 3.8 Fences across rights-of-way, public access ways or thoroughfares A person must not construct or maintain a fence or obstruction of a temporary or permanent nature across any right-of-way, public access way or thoroughfare so as to impede or prevent use of those facilities in the manner for which they are intended and constructed without the approval of an authorised person. PART 4—FENCING MATERIALS, SCREENING AND MAINTENANCE 4.1 Prohibited materials A person must not construct a fence which is comprised, in whole or in part of spikes, broken glass, jagged materials, barbed wire, razor wire, asbestos or any other dangerous material except to the extent provided for in Part 5. 4.2 Pre-used fencing materials (1) A person shall not construct a boundary fence, dividing fence or estate fence from pre-used materials without the approval of an authorised person. (2) Where an authorised person approves the use of pre-used materials, the materials shall be structurally fit for the purpose, and comply with any conditions imposed by an authorised person. (3) Conditions for use of pre-used fencing materials may include but are not limited to— (a) painting; (b) treated; (c) specific use or placement; and (d) upgrading. 4.3 Approved materials Subject to clause 4.2, a person shall only construct a dividing fence or boundary fence from materials specified in the Schedules of this local law, unless otherwise approved or required by an authorised person. 4.4 Screening (1) Screening may be fixed to a sufficient fence that is compliant with Schedule 1 which is consistent with the colours, materials and specification of that sufficient fence. (2) Screening is not to be affixed to a fence so that the maximum height exceeds 2.1m. (3) Screening affixed to a fence shall be installed and maintained in accordance with the manufacturer’s specifications and not compromise the structural integrity of a fence. PART 5—RESTRICTED FENCING 5.1 Barbed wire fencing (1) An owner or occupier of a residential lot shall not affix or allow to remain any barbed wire on any fence bounding that lot. (2) An owner or occupier of a townsite lot, rural lot or rural residential lot shall not place or affix barbed wire upon a fence on that lot where the fence is adjacent to a thoroughfare or other public place unless the barbed wire is fixed to the top or the side of the fence posts furthest from the thoroughfare or other public place. (3) An owner or occupier of a commercial lot, industry lot, service industry lot or special use lot shall not construct or affix to any fence bounding that lot any barbed wire unless— (a) the wire or material are attached on posts vertically or at an angle of 45 degrees; and (b) the bottom row of wire or other materials is not less than 2000m above the ground level. (4) If the posts which carry the barbed wire or other materials referred to in subclause (3) are angled towards the outside of the lot bounded by the fence, the face of the fence must be set back from the lot boundary a sufficient distance to ensure that the angled posts, barbed wire or other materials do not encroach onto or over adjoining land. 5.2 Electrified fencing (1) An owner or occupier of a lot shall not construct or use an electrified fence on that lot without first obtaining approval of an authorised person.

6 March 2018 GOVERNMENT GAZETTE, WA 737 (2) Notwithstanding subclause (1), approval is not required for an electrified fence if— (a) constructed on a rural lot or rural residential lot; (b) for the purpose of animal control; (c) installed in accordance with the manufacturer’s specifications; and (d) which is not the dividing fence with a residential lot, townsite lot or special use lot. (3) An electrified fence for the purpose of security must not be present on a lot unless it complies with AS/NZS 3016:2002 Electrical Installations—Electric Security Fences, as amended from time to time, and which is available for viewing free of charge at the Shire of Victoria Plains Administration Centre. (4) Approval to have and use an electrified fence for the purpose of security shall not be issued— (a) in respect of a lot which is or which abuts a residential lot or townsite lot; and (b) 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 constructed. 5.3 Razor wire fencing (1) An owner or occupier of a lot shall not construct a fence wholly or partly of razor wire on that lot without first obtaining approval under subclause (2). (2) Approval to have a fence constructed wholly or partly of razor wire shall not be issued— (a) in respect of a lot which is or which abuts a residential lot or townsite lot; (b) if the fence is within 3m of the boundary of the lot; or (c) where any razor wire used in the construction of the fence is less than 2000mm or more than 2400mm above the ground level. PART 6—APPROVALS 6.1 Application for approval (1) An owner of a lot may apply to the local government for approval of any discretionary matter contained within this local law. (2) An application for approval under this local law shall— (a) provide all necessary documentation and information required for a decision; (b) provide two copies of a plan and specifications of the proposed; (c) engineering certification of structural or electrical engineering specifications, if required; (d) be signed by the owner of the lot; (e) be forwarded to the CEO together with any set fee; and (f) be in the form determined by the local government from time to time. (3) An authorised person may require an applicant to provide additional information reasonably related to an application before determining an application for approval. (4) An authorised person may refuse to consider an application for approval which is not in accordance with subclauses (2) and (3). 6.2 Decision on application for approval (1) An application submitted to the local government under this local law may be— (a) approved by an authorised person; (b) approved by an authorised person subject to conditions as the authorised person sees fit; or (c) rejected by an authorised person. (2) In determining whether to grant its consent to the construction or installation, an authorised person may consider, in addition to any other matter that it is authorised to consider, whether the construction or retention of the fence would have an adverse impact on— (a) the safe or convenient use of any land; (b) the safety or convenience of any person; or (c) the visual amenity of the streetscape or neighbouring properties. (3) An authorised person may by written notice amend a condition imposed under subclause (1)(b) at any time. (4) An amendment under subclause (3) is effective from the date specified in the notice. (5) If an authorised person approves an application for approval, it is to give written notice of the approval and any conditions applied, to the applicant. (6) If an authorised person refuses to approve an application for approval, it is to give written notice of that refusal and the reasons for the decision to the applicant. 6.3 Compliance with approval Where an application for approval has been approved under clause 6.2, the applicant and the owner or occupier of the lot to which the approval relates, shall comply with the terms and any conditions of that approval.

738 GOVERNMENT GAZETTE, WA 6 March 2018 6.4 Cancellation of an approval An authorised person may cancel an approval if— (a) the owner or occupier requests an authorised person to do so; (b) the fence to which the approval applies has been demolished and is not rebuilt for a period of 6 months; (c) the circumstances have changed in such a way that an approval for the fence could no longer be granted under the local law; (d) the owner or occupier fails to comply with a condition of the permit or breaches a provision of this local law in respect of the fence; or (e) the owner or occupier fails to comply with a notice of breach issued under clause 8.1. 6.5 Duration of approval (1) Unless otherwise stated in the form of approval, an approval granted under this local law transfers with the lot to which it relates and is deemed to transfer to each successive owner or occupier of the lot to which the approval applies. (2) Where an approval is transferred under subclause (1), the successive owner or occupier may apply to an authorised person for written confirmation of this transfer. (3) For the avoidance of doubt, approval granted under this local law may be relied upon by any subsequent owner or occupier of the lot, and may be enforced against them by the local government. PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review Where an authorised person exercises a discretion pursuant to this local law, an affected person has a right of objection and appeal under Division 1 of Part 9 of the Local Government Act 1995. PART 8—ENFORCEMENT 8.1 Notices of breach (1) Where a breach of any provision of this local law has occurred in relation to a fence on a lot, an authorised person may give a notice of breach in writing to the owner or occupier of that lot. (2) A notice of breach shall— (a) specify the provision of this local law which has been breached; (b) specify the particulars of the breach; and (c) state that the owner or occupier is required to remedy the breach within the time specified in the notice. (3) An owner or occupier given a notice of breach shall comply with the terms of the notice and remedy the breach within the time specified in the notice. (4) Should an owner or occupier fail to comply with a notice, an authorised person may enter upon the lot to which the notice relates and remedy the breach, and may recover the expenses of doing so from the owner or occupier of the lot, as the case may be, in a court of competent jurisdiction. (5) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of Schedule 3.1 of the Local Government Act 1995 and any power of entry exercised by the local government under this local law is subject to Part 3, Division 3 of the Local Government Act 1995. 8.2 Offences and penalties (1) A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. (2) Any person who commits an offence under this local law is liable, upon conviction to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued. 8.3 Modified penalties The amount appearing in the final column of Schedule 4 directly opposite a prescribed offence in that Schedule is the modified penalty for that prescribed offence. 8.4 Form of notices For the purposes of this local law— (1) the form of the infringement notice referred to in section 9.17 of the Local Government Act 1995 is to be in the form of Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; and (2) the form of the withdrawal of infringement notice referred to in section 9.20 of the Local Government Act 1995 is to be in the form of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996.

6 March 2018 GOVERNMENT GAZETTE, WA 739 SCHEDULE 1—SUFFICIENT FENCE—RESIDENTIAL AND TOWNSITE LOTS [Clause 2.2(a)] Each of the following is a sufficient fence on residential and townsite lots— (a) except with respect to the front setback area for which there is no minimum height but which is subject to clause 3.1; and (b) where constructed to an average height of 1800mm.

1. Timber fence (1) Any type of professionally manufactured timber fence, constructed in accordance with the manufacturer’s specifications. (2) A dense brushwood constructed in accordance with the manufacturer’s specifications. (3) A timber fence constructed as follows— (a) corner posts to be 125mm x 125mm x 2 400mm and intermediate posts to be 125mm x 75mm x 2400mm spaced at 2400mm centres; (b) corner posts to be strutted two ways with 100mm x 50mm x 450mm sole plates and 75mm x 50mm struts; (c) intermediate posts to be doubled yankee strutted with 150mm x 25mm x 450mm struts; (d) all posts to have tops with a 60mm weather cut and to be sunk at least 600mm into the ground; (e) rails to be 75mm x 50mm with each rail spanning 2 bays of fencing double railed or bolted to each post with joints staggered; and (f) the fence to be covered with 75mm x 20mm sawn pickets, 1800mm in height placed 75mm apart and affixed securely to each rail.
2. Corrugated fence (1) Any fence constructed of corrugated fibre reinforced pressed cement sheet fence or steel sheeting fence in accordance with the manufacturer’s specifications. (2) A fence constructed of corrugated fibre reinforced pressed cement or steel sheeting constructed to manufacturer’s specifications or which satisfies the following specifications— (a) a minimum in-ground length of 25 per cent of the total length of the sheet, but in any case shall have a minimum in-ground depth of 600mm; (b) the total height and depth of the fence to consist of a single continuous fibre reinforced cement or steel sheet; and (c) the sheets to be lapped and capped with extruded snap-fit type capping in accordance with the manufacturer’s specifications.
3. Brick, stone or concrete fence Any type of brick stone or concrete fence that— (a) is constructed in accordance with the Building Code, finished plumb, true and level and appropriately jointed, cleaned and of good general appearance; (b) has footings having a minimum of 225mm x 150mm concrete 15MPa or 300mm x 175mm brick laid in cement mortar; (c) fences to be offset a minimum of 200mm at maximum 3000mm centres or 225mm x 100mm engaged piers to be provided at maximum 3000mm centres; and (d) expansion joints in accordance with the manufacturer’s specifications.
4. Composite fence (1) A composite fence which satisfies the following specifications for the brick construction— (a) brick piers shall have a minimum of 345mm x 345mm at 1800mm centres bonded to a minimum height base wall of 514mm; (b) each brick pier shall be reinforced with one R10 galvanised starting rod 1 500mm high with a 250mm horizontal leg bedded into a 500mm x 200mm concrete footing and set 65mm above the base of the footing. The top of the footing shall be 1 course (85mm) below ground level; (c) the minimum ultimate strength of brickwork shall be 20MPa. Mortar shall be a mix of 1 part cement, 1 part lime and 6 parts sand; (d) the ground under the footings is to be compacted to 6 blows per 300mm and checked with a standard falling weight penetrometer; and (e) control joints in brickwork shall be provided with double piers at a maximum of 6 metre centres; (2) Notwithstanding paragraphs (1)(a) and (b), a composite fence may be constructed so that— (a) brick piers of a minimum 345mm x 345mm x 2700mm centres bonded to the base wall; (b) each pier shall be reinforced with two R10 galvanised starting rods as previously specified; and (c) all other requirements are as previously specified.

740 GOVERNMENT GAZETTE, WA 6 March 2018 SCHEDULE 2—SUFFICIENT FENCE—COMMERCIAL, INDUSTRY, SERVICE INDUSTRY AND SPECIAL USE LOTS [Clause 2.2(b)] Each of the following is a sufficient fence on commercial, industry and service industry lots— (1) A fence constructed of galvanized or PVC coated— (a) rail-less link; (b) chain; or (c) steel mesh. (2) A fence constructed in accordance with clause (1) shall be constructed in accordance with the following specifications— (a) to a height of 2000mm; (b) corner posts to be a minimum of 50mm nominal bore x 3.5mm and with footings of a 225mm diameter x 900mm; (c) intermediate posts to be minimum 37mm nominal bore x 3.15mm at maximum 4 metre centres and with footings of a 225mm diameter x 600mm; (d) struts to be minimum 30mm nominal bore x 3.15mm fitted at each gate and two at each corner post and with footings 225mm x 600mm; (e) cables to be affixed to the top, centre and bottom of all posts and to consist of two or more 3.15mm wires twisted together or single 4mm wire; (f) galvanised link mesh wire to be 2000mm in height and constructed of 50mm mesh 2.5mm galvanised iron wire and to be strained, neatly secured and laced to the posts and affixed to cables; (g) vehicle entry gates shall provide an opening of not less than 3.6 metres and shall be constructed of 25mm tubular framework with one horizontal and one vertical stay constructed of 20mm piping and shall be covered with 50mm x 2.5mm galvanised link mesh strained to framework; and (h) gates shall be fixed with a drop bolt and locking attachment. (3) A fence constructed in accordance with paragraph (2) may have up to 3 strands of plain or barbed wire, none being less than 1800mm above ground level, not more than 2400mm above ground level. (4) Fences constructed in accordance with Schedule 1. ———— SCHEDULE 3—SUFFICIENT FENCE—RURAL AND RURAL RESIDENTIAL LOTS [Clause 2.2(c)] Each of the following is a sufficient fence on rural and rural residential lots— (1) In the case of a non-electrified fence, a fence of posts and wire construction, the minimum specifications for which are— (a) wire shall be— (i) high tensile wire and not less than 2.5mm; and (ii) a minimum of seven wires shall be used, generally with the lower wires spaced closer together than the higher wires so as to prevent smaller stock passing through, and connected to posts in all cases; (b) posts shall be of indigenous timber or other suitable material including— (i) timber impregnated with a termite and fungicidal preservative, and not less than 1650mm long x 50mm diameter at small end if round or 125mm x 60mm if split or sawn; (ii) standard iron star pickets; or (iii) concrete; (c) posts to be set minimum 400mm in the ground and 1200mm above the ground; and (d) strainer posts shall be— (i) not less than 2250mm long and 50mm diameter at the small end (tubular steel to be 50mm in diameter); (ii) cut from indigenous timber or other suitable material; and (iii) placed a minimum of 1000mm in the ground. (2) An electrified fence having five wires only is a sufficient fence if constructed generally in accordance with clause (1).

6 March 2018 GOVERNMENT GAZETTE, WA 741 SCHEDULE 4—PRESCRIBED OFFENCES [Clause 8.3] Item Clause Nature of Offence Modified Penalty $ 1 2.1 Construction of a dividing fence or boundary fence on a lot that is not a sufficient fence without approval 200 2 3.1 Construction of a non-compliant fence within setback area without approval 200 3 3.2(1) Alteration of ground levels without approval 500 4 3.3 Obstruction of a watercourse 200 5 3.4 Construction of a gate or fence encroaching over other property 200 6 3.5 Construction of retaining wall without approval 500 7 3.6(1) Construction of estate fencing without approval 500 8 3.7(1) Failure to maintain fence in good condition 200 9 3.8 Construction of a fence across right-of-way etc. without approval 500 10 4.1 Use of prohibited materials in a fence 500 11 4.2(1) Use of pre-used fencing materials without approval 200 12 4.4 Construction of screen exceeding 2.1m in height 200 13 5.1(1) Using or allowing to remain barbed wire on a residential lot 200 14 5.1(2) Non-compliant use of barbed wire on a townsite, rural or rural residential lot 200 15 5.1(3) Non-compliant use of barbed wire on a commercial, industry, service industry or special use lots 500 16 5.2 Construction of an electric fence without approval 500 17 5.3 Construction of a razor wire fence without approval 500 18 6.3 Failure to comply with conditions of approval for fence 500 19 8.1(3) Failure to comply with notice of breach in relation to Part 5— Restricted Fencing 500 20 8.1(3) Failure to comply with notice of breach in relation to all matters other than Part 5—Restricted Fencing 200 21 8.2(1) Other offences not specified 200 ———— Dated: 31 January 2018. The Common Seal of the Shire of Victoria Plains was affixed by authority of a resolution of Council in the presence of— D. S. LOVELOCK, President. G. M. TEEDE, Chief Executive Officer. ———————————