Shire of Collie Local Law—Fencing 2013

!2013116GG! WESTERN 2995

AUSTRALIAN GOVERNMENT

ISSN 1448-949X PRINT POST APPROVED PP665002/00041

PERTH, THURSDAY, 4 JULY 2013 No. 116 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.30 PM © STATE OF WESTERN AUSTRALIA

LOCAL GOVERNMENT ACT 1995

DIVIDING FENCES ACT 1961

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SHIRE OF COLLIE

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LOCAL LAW—FENCING 2013

4 July 2013 GOVERNMENT GAZETTE, WA 2997

LOCAL GOVERNMENT ACT 1995 DIVIDING FENCES ACT 1961

SHIRE OF COLLIE

LOCAL LAW—FENCING 2013

CONTENTS

PART 1—PRELIMINARY 1.1 Citation 1.2 Repeal 1.3 Interpretation

PART 2—SUFFICIENT FENCES 2.1 Sufficient Fences

PART 3—GENERAL 3.1 Dividing Fences 3.2 Fences on a Rural Lot 3.3 Maintenance of Fences 3.4 General Discretion of the Local Government 3.5 Fences within front or rear setback areas 3.6 Gates in Fences 3.7 Depositing fencing material on public place 3.8 Alteration of ground levels 3.9 Fences across rights of way, public access or thoroughfares

PART 4—FENCING MATERIALS 4.1 Fencing Materials 4.2 Barbed Wire and Broken Glass Fences

PART 5—ELECTRIFIED AND RAZOR WIRE FENCES 5.1 Requirements for a permit 5.2 Transfer of a permit 5.3 Cancellation of a permit

PART 6—NOTICES OF BREACH 6.1 Notices of Breach

PART 7—OFFENCES 7.1 Offences and Penalties 7.2 Modified Penalties 7.3 Form of Notices

PART 8—APPROVALS 8.1 Application for approval 8.2 Compliance with approval

Schedule 1—Specifications for a Sufficient Fence on a Residential Lot Schedule 2—Specifications for a Sufficient Fence on a Commercial Lot and an Industrial Lot Schedule 3—Specifications for a Sufficient Fence on a Rural Lot and a Rural Residential Lot Schedule 4—Prescribed Offences and Modified Penalties Schedule 5—Permit to have and use an Electrified Fence in accordance with AS/NZS 3016:2002 Schedule 6—Permit to have a Fence Constructed Wholly or Partially of Razor Wire

4 July 2013 GOVERNMENT GAZETTE, WA 2999

LOCAL GOVERNMENT ACT 1995 DIVIDING FENCES ACT 1961

SHIRE OF COLLIE

LOCAL LAW—FENCING 2013

Under the powers conferred by the Dividing Fences Act 1961, the Local Government Act 1995 and under all other powers enabling it, the Shire of Collie resolved on 28 May 2013 to make the following local law.

PART 1—PRELIMINARY 1.1 Citation This local law may be cited as the Shire of Collie Local Law—Fencing 2013. 1.2 Repeal The Shire of Collie local law relating to Fencing published in the Government Gazette of 7 April 2004, and subsequent amendments is repealed. 1.3 Interpretation In this local law, unless the context requires otherwise— Act means the Dividing Fences Act 1961; AS/NZS means an Australian/New Zealand Standard published by Standards Australia; boundary fence has the meaning given to it for the purposes of the Act; Building Surveyor means a Building Surveyor employed by the local government; CEO means the Chief Executive Officer of the local government; commercial lot means a lot where a commercial use— (a) is or may be permitted under the local planning scheme; and (b) is or will be the predominant use of the lot; 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; district means the district of the local government; dividing fence has the meaning given to it in and for the purposes of the Act; electrified fence means a fence carrying or designed to carry an electric charge; fence means any structure, including a retaining wall, used or functioning as a barrier, irrespective of where it is located and includes any gate; frontage has the meaning given to it under the local planning scheme; 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 zoned General Industry or Light and Service Industry under the local planning scheme; local government means the Shire of Collie; local planning scheme means a local planning scheme of the local government made under the Planning and Development Act 2005; 3000 GOVERNMENT GAZETTE, WA 4 July 2013

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 6.1; residential lot means a lot zoned Residential under the local planning scheme; residential design code means the residential design codes in Appendix 2 to the Western Australian Planning Commission State Planning Policy No.1, as amended from time to time; 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; rural lot means a lot zoned Rural 1 or Rural 2 under the local planning scheme; rural residential means a lot zoned Rural Residential under the local planning scheme; Schedule means a Schedule to these Local Laws; setback area means the horizontal distance between a wall at any point and an adjacent lot boundary, measured at right angles (90 degrees) to the boundary; sufficient fence means a fence described in clause 2.1.

PART 2—SUFFICIENT FENCES Division 1—Sufficient Fences 2.1 Sufficient Fences (1) A person shall not erect a dividing fence or a boundary fence that is not a sufficient fence. (2) Subject to sub-clauses (3) and (4), a sufficient fence— (a) on a residential lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 1; (b) on a commercial lot and on an industrial lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 2; (c) on a rural lot and on a rural residential lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 3. (3) Where a fence is erected on or near the boundary between— (a) a residential lot and an industrial lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 1; (b) a residential lot and a commercial lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 2; (c) a residential lot and a rural lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 3; (d) a residential lot and a rural residential lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 3; and (e) a rural residential lot and a rural lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 3. (4) Unless the Building Surveyor specifies otherwise, a sufficient fence on a boundary between lots other than those specified in subclause (3) is a dividing fence constructed in accordance with the specifications and requirements of Schedule 2. (5) Notwithstanding any other provisions in this local law, a fence constructed of stone or concrete shall be a sufficient fence only if it is designed by a structural engineer where— (a) it is greater than 1800mm in height; or (b) the Building Surveyor so requires. (6) Notwithstanding any other provision in this local law, a dividing fence or boundary fence on a residential lot shall be 1800mm in height above natural ground level as defined in the residential design codes, unless written agreement has been made between both adjoining landowners [not tenants] and the agreement is approved by the local government. (7) Notwithstanding clause (6), a fence must not be less than 1200mm in height or higher than 2000mm in height.

PART 3—GENERAL 3.1 Dividing Fences (1) In determining an application for a building licence in respect of a fence, the Building Surveyor may approve the erection of a fence of a height greater than 750mm in the front setback area of a residential lot only if the fence on each side of the driveway into the lot across the front boundary is to be angled into the lot for a distance of not less than 1500mm along the frontage to a distance of not less than 1500mm from the frontage in order to provide appropriate splayed lines of vision for a motorist using the driveway for access to a thoroughfare. (2) The provision of sub-clause (1) shall not apply to a fence— (a) of open construction that does not obscure the lines of vision of a motorist using the driveway for access to a thoroughfare; or (b) that does not adjoin a footpath. 4 July 2013 GOVERNMENT GAZETTE, WA 3001

3.2 Fences on a Rural Lot A person shall not without the written consent of the Building Surveyor, erect a fence on a rural lot or a rural residential lot, within 7.5m of a thoroughfare of a height exceeding 1500mm. 3.3 Maintenance of Fences An owner and occupier of a lot on which a fence is erected shall maintain the fence in good condition and so as to prevent it from becoming dangerous, dilapidated, unsightly or prejudicial to the amenity of the locality. 3.4 General Discretion of the Local Government (1) The local government may consent to the erection or repair of a fence which does not comply with the requirements of this local law. (2) In determining whether to grant its consent to the erection or repair of any fence, the local government may consider, in addition to any other matter that it is authorized to consider, whether the erection or retention of the fence would have an adverse effect on— (a) the safe or convenient use of any land; or (b) the safety or convenience of any person. 3.5 Fences within front or rear setback areas (1) Notwithstanding the provisions of clause 2.1, a person shall not erect a fence within the front or rear setback areas, including along the side boundaries, unless the fence complies with the provisions of the local planning scheme or the residential design codes. (2) Where there is inconsistency between the standards and requirements of the local planning scheme and those specified in the residential design codes, the standards and requirements of the local planning scheme shall prevail to the extent of the inconsistency. 3.6 Gates in Fences A person shall not erect a gate in a fence which does not— (a) open into the lot; or (b) open by sliding parallel on the inside of the fence, which it forms part of, when closed. 3.7 Depositing fencing material on public place A person shall not deposit or permit the deposit of any materials whatsoever used in the construction or maintenance of any fence, on any thoroughfare, public place or local government property unless the approval of the local government has been obtained. 3.8 Alteration of ground levels (1) 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. (2) 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 erect a dividing fence that is sufficient on the said filled land or retaining wall if the person produces to the local government the written agreement of the owners of the adjoining lot. 3.9 Fences across rights of way, public access or thoroughfares A person must not, without the approval of the local government, erect 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 the use of those facilities in the manner for which they are intended and constructed.

PART 4—FENCING MATERIALS 4.1 Fencing Materials (1) A person shall construct a fence on a residential lot, a commercial lot or an industrial lot from only brick, stone, concrete, wrought iron, tubular steel framed, link mesh, timber, plastic coated or galvanised link mesh, corrugated fibre reinforced cement sheeting, colour bonded metal, PVC or a material approved by the Building Surveyor. (2) Where the Building Surveyor approves the use of pre-used materials in the construction of a fence under subclause (1), that approval shall be conditional on the applicant for approval painting or treating the pre-used material as directed by the Building Surveyor. 4.2 Barbed Wire and Broken Glass Fences (1) This clause does not apply to a fence constructed wholly or partly of razor wire. (2) An owner or occupier of a residential lot or a commercial lot shall not erect or affix to or allow to remain on or as part of any fence on such a lot any barbed wire or other material with spiked or jagged projections, unless the prior written approval of the Building Surveyor has been obtained. (3) An owner or occupier of an industrial lot shall not erect or affix or allow to remain as part of any fence bounding that lot any barbed wire or other materials with spiked or jagged projections unless the wire or materials are carried on posts bent back into the lot from the boundary at an angle of 45 degrees, and unless the bottom row of wire or other materials is set back 150mm from the face of the fence and is not nearer than 2000mm from the ground level. 3002 GOVERNMENT GAZETTE, WA 4 July 2013

(4) An owner or occupier of a lot shall not affix or allow to remain as part of any fence or wall, whether internal or external, on that lot any broken glass. (5) An owner or occupier of a rural 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 side of the fence posts furthest from the thoroughfare or other public place.

PART 5—ELECTRIFIED AND RAZOR WIRE FENCES 5.1 Requirement for a Permit (1) An owner or occupier of a lot, other than a rural lot or rural residential lot, shall not— (a) have and use an electrified fence on that lot unless— (i) a permit is obtained from the local government in the format prescribed in Schedule 5; and (ii) the fence complies with AS/NZS 3016:2002 Electrical Installations—Electricity Security Fences published by Standards Australia on 10 January 2003 as amended from time to time. (b) have a fence constructed wholly or partly of razor wire on that lot without first obtaining a permit under subclause (3) in the format prescribed in Schedule 6. (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 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) An application for a permit referred to in subclauses (2) or (3) may be— (a) approved by the local government; (b) approved by the local government subject to such conditions as it thinks fit; or (c) refused by the local government. (6) An owner or occupier of a rural lot shall not place or affix an electric fence on a fence on that lot where the fence is adjacent to a thoroughfare or other public place unless the electric fence is fixed to the side of the fence posts furthest from the thoroughfare or other public place. 5.2 Transfer of a Permit (1) The holder of a permit referred to in clause 5.1 may transfer that permit to another occupier or owner of the lot only with the written approval of the local government. (2) The application for a transfer of a permit shall be— (a) made by the proposed transferee; (b) in the form determined from time to time by the local government; (c) signed by the holder of the permit; (d) accompanied by the fee determined by the local government from time to time; and (e) accompanied by such other information as the local government may require to determine the application. (3) The local government may— (a) approve the application for a transfer of the permit; (b) approve the application for a transfer of the permit subject to such conditions as it thinks fit; or (c) refuse to approve the application for a transfer of the permit. 5.3 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 fence no longer satisfies the requirements specified in clause 5.1(2) or 5.1(3) as the case may be; or (b) the permit holder breaches any condition upon which the permit has been issued.

PART 6—NOTICES OF BREACH 6.1 Notices of Breach (1) The local government’s powers to give notices, and take action in respect of notices, are contained in the Local Government Act 1995. 4 July 2013 GOVERNMENT GAZETTE, WA 3003

(2) If, in the opinion of the local government, a person has breached a provision of this local law, the local government may give to that person a written notice requiring him or her to remedy that breach before the date specified in the notice. (3) If an owner or occupier fails to comply with a notice issued pursuant to clause 6.1(2) the local government may undertake or cause to be undertaken that work. (4) Where the local government undertakes or causes to be undertaken any work or carries out or causes to be carried out any conditions, it may cause to be given to the owner or occupier of the land or premises written notice of the amount expended by the local government in carrying out the work. (5) The amount specified in the notice referred to in subclause (4) must be paid to the local government within 14 days of the service of the notice and if the amount specified is not paid within the prescribed time from the service of the notice, the local government may recover it, as well as the costs of proceeding, and interest thereon, in a Court of competent jurisdiction.

PART 7—OFFENCES 7.1 Offences and Penalties An owner or occupier who fails to comply with a notice of breach commits an offence and is liable upon conviction to a penalty of not less than $250 and not exceeding $5000 and, if the offence is a continuing offence, a maximum daily penalty of $500. 7.2 Modified Penalties (1) An offence against any of the provisions of this local law is a prescribed offence for the purposes of section 9.16 (1) of the Local Government Act 1995. (2) 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. 7.3 Form of Notices For the purposes of this local law— (a) the form of the infringement notice referred to in section 9.17 of the Local Government Act 1995 is to be in or substantially in the form of Form 2 of Schedule 1 of the Local Government (Functions and General) Regulations 1996; (b) the form of the notice referred to in section 9.20 of the Local Government Act 1995 is to be in or substantially in the form of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996.

PART 8—APPROVALS 8.1 Application for approval (1) Where a person is required to obtain the approval of the local government under this local law, that person shall apply for approval in accordance with sub clause (2). (2) An application for approval under this local law shall— (a) be in a form determined by the local government; (b) be signed by the applicant and the owner of the lot; (c) provide the information required by the form; and (d) be forwarded to the CEO together with any fee imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. (3) The local government may require an applicant to provide additional information reasonably related to an application before determining an application for approval. (4) The local government may refuse to consider an application for approval which is not in accordance with subclasses (2) and (3). 8.2 Compliance with approval Where an application for approval has been approved, the applicant and the owner and occupier of the lot to which the approval relates, shall comply with the terms and conditions of the approval.

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3004 GOVERNMENT GAZETTE, WA 4 July 2013

Schedule 1 SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT Clause 2.1(2)(a) Each of the following is a sufficient fence on a residential lot— A. A picket timber fence, PVC or recycled plastic fence which satisfied the following specifications— (1) corner posts to be 125mm x 125mm x 2400mm and intermediate posts to be 125mm x 75mm x 2400mm spaced at 2400mm centres; (2) corner posts to be strutted 2 ways with 100mm x 50mm x 450mm sole plates and 75mm x 50mm struts; (3) intermediate posts to be doubled yankee strutted with 150mm x 25mm x 450mm struts; (4) all posts to have tops with a 60mm weather cut and to be sunk at least 600mm into the ground; (5) rails to be 75mm x 50mm with each rail spanning 2 bays of fencing double nailed, screwed or bolted to each post with joints staggered; (6) the fence to be covered with 75mm x 20mm pickets, 1800mm in height placed 75mm apart and double nailed or screwed to each rail. B. A fence constructed of corrugated fibre reinforced pressed cement sheeting which satisfies the following specifications— (1) 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; (2) the total height and depth of the fence to consist of a single continuous fibre reinforced cement sheet; (3) the sheets to be lapped and capped with manufacturers approved capping and in accordance with the manufacturers written instructions. C. A fence constructed of brick, stone or concrete, which satisfies the following specifications— (1) footings of minimum 225mm x 150mm concrete 15MPA or 300mm x 175mm brick laid in cement mortar; (2) 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; (3) expansion joints in accordance with the manufacturer’s written instructions. D. A composite fence which satisfies the following specifications for the brick construction— (1) (a) brick piers of minimum 345mm x 345mm at 1800mm centres bonded to a minimum height base wall of 514mm; (b) each pier shall be reinforced with one R10 galvanised starting rod 1500mm 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 by 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; or (2) (a) brick piers of a minimum 345mm x 345mm x 2700mm centres bonded to the base wall; and (b) each pier shall be reinforced with two R10 galvanised starting rods as previously specified. E. A fence constructed of colour bond or zincalume sheeting which satisfies the following specifications— (1) corner posts of timber to be 125mm x 125mm x 2400mm and intermediate posts to be 125mm x 75mm x 2400mm spaced at 2400mm centres or in accordance with the modular steel fencing manufacturers written instructions; (2) corner posts of timber to be strutted 2 ways with 100mm x 50mm x 450mm sole plates and 75mm x 50mm struts centres or in accordance with the modular steel fencing manufacturers written instructions; (3) all timber posts to have tops with a 60mm weather cut and to be sunk at least 600mm into the ground; (4) the total height and depth of the fence to consist of a single continuous colour bond or zincalume sheet; (5) the sheets to be lapped and capped with extruded with the manufacturers approved capping in accordance with the manufacturer’s written instructions.

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4 July 2013 GOVERNMENT GAZETTE, WA 3005

Schedule 2 SPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL LOT AND AN INDUSTRIAL LOT Clause 2.1(2)(b) Each of the following is a sufficient fence on a commercial lot and an industrial lot— A. A fence constructed of galvanised or PVC coated rail-less link mesh, chain mesh or steel mesh which satisfies the following specifications— (1) corner posts to be minimum 50mm normal bore x 3.5mm and with footings of a 225mm diameter x 900mm; (2) intermediate posts to be minimum 37mm nominal bore x 3.15mm at maximum 3.5m centres and with footings of a 225mm diameter x 600mm; (3) struts to be minimum 30mm nominal bore x 3.15mm fitted at each gate and 2 at each corner post; (4) cables to be affixed to the top, centre and bottom of all posts and to consist of 2 or more 3.15mm wires twisted together; (5) rail-less link, chain or steel mesh is to be to a height of 2000mm on top of which are to be 3 strands of barbed wire carrying the fence to a height of 2400mm; and (6) 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. Vehicle entry gates shall provide an opening of not less than 3.6m and shall be constructed of 25mm tubular framework with 1 horizontal and 1 vertical stay constructed of 20mm piping and shall be covered with 50mm x 2.5mm galvanised link mesh strained to framework. Gates shall be fixed with a drop bolt and locking attachment. B. A fence of fibre reinforced cement sheet constructed to the minimum specifications referred to in Item B of Schedule 1. C. A fence constructed of painted or galvanised steel or aluminium sheeting provided that this is used behind the building line to maximum height of 2400mm when supported on posts and rails. D. Fences of timber, brick, stone or concrete constructed to the minimum specifications referred to in Schedule 1.

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Schedule 3 SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RURAL LOT AND A RURAL RESIDENTIAL LOT Clause 2.1(2)(c) (A) In the case of a non-electrified fence, a sufficient fence on a rural lot is a fence of posts and wire construction, the minimum specifications for which detailed below— (1) Wire shall be high tensile wire and not less than 2.5mm. A minimum of 5 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. (2) Posts shall be of indigenous timber or other suitable material including— (a) timber impregnated with a termite and fungicidal preservative; (b) standard iron star pickets; or (c) concrete. (3) If timber posts are used posts are to be cut not less than 1800mm long x 50mm diameter at small end if round or 125mm x 60mm if split or sawn. Posts to be placed at not more than 10 metre intervals, set minimum 600mm in the ground and 1200mm above the ground; and (4) strainer posts, if timber, shall be not less than 2250mm long and 150mm diameter at the small end (tubular steel to be 50mm in diameter) and shall be cut from indigenous timber or other suitable material. These shall be placed a minimum of 1000mm in the ground and set at all corners, gateways and fence line angles but not exceeding 200 metres apart. (B) An electrified fence having 4 wires only is a sufficient fence if constructed generally in accordance with (A).

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3006 GOVERNMENT GAZETTE, WA 4 July 2013

Schedule 4 PRESCRIBED OFFENCES AND MODIFIED PENALTIES

Item Modified Clause Nature of Offence No. Penalties 1 2.1 (1) Erect a fence which is not a sufficient fence $150 2 3.2 Erect a fence without consent on a rural or rural $150 residential lot within 7.5m of a thoroughfare exceeding 1500mm in height 3 3.3 Failure to maintain a fence in good condition to prevent $150 fence becoming dangerous, dilapidated or unsightly 4 3.5 Erect a fence which does not comply with residential $150 design codes 5 3.6 Erect a gate which does not open into the lot or slide $100 parallel on the inside of the fence 6 3.9 Erect or maintain a fence or obstruction of a temporary or $150 permanent nature across a public access way, thoroughfare, or local government property without consent 7 4.1 Construction of fence from non-conforming materials $150 8 4.2 (2) Residential owner or occupier erecting a fence using $150 barbed wire or material with spiked with jagged edges in fence construction without written approval 9 4.2 (3) Industrial owner or occupier erecting a fence using $150 barbed wire or material with spiked with jagged edges in fence construction without written approval 10 4.2 (4) Affix or use any broken glass in a fence $150 11 4.2 (5) Affixing barbed wire to a fence adjacent to a thoroughfare $150 on side of fence closest to thoroughfare 12 5.1 (1) (a) Use of electrified fence or fence constructed wholly or $150 and (b) party of razor wire without permit 13 6.1 (3) Failure to comply with notice of breach $250 14 8.2 Failure to comply with terms or conditions of approval $250

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4 July 2013 GOVERNMENT GAZETTE, WA 3007

Schedule 5 PERMIT TO HAVE AND USE AN ELECTRIFIED FENCE IN ACCORDANCE WITH AS/NZS 3016:2002 This is to certify that ...... of ...... is permitted , subject to the conditions set out below, to have and use an electrified fence on ...... (address) from ………………………...... ………. 20...... and until this permit is transferred or cancelled. Dated this ...... day of ...... 20...... ………...... …………………. Chief Executive Officer, Shire of Collie This permit is issued upon and subject to the following conditions, namely that the holder of the permit shall— • Display the permit in a prominent position on the land or premises on which the electrified fence has been erected; • Upon the request of a Building Surveyor produce to him or her the permit; • Within 14 days of a change in the ownership or occupation of the land or premises in respect of which the permit has been granted, notify the Chief Executive Officer in writing of the details of that change or those changes; • Obtain the written consent of the Local Government prior to the commencement of any alteration, addition or other work relating to or affecting the electrified fence; • Comply with AS/NZS 3016: 2002 Electrical Installations—Electrical Security Fences published by Standards Australia on 10 January 2003 as amended from time to time. A copy of this document can be provided by the local government upon request. • Following erection of the fence, lodge with Western Power a certificate of installation from a qualified electrician and comply with any requirements of Western Power regarding the erection of the fence......

Transfer by Endorsement This permit is transferred to ...... of ...... from and including the date of this endorsement. Dated this ...... day of ...... 20...... ………...... …………………. Chief Executive Officer, Shire of Collie

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3008 GOVERNMENT GAZETTE, WA 4 July 2013

Schedule 6 PERMIT TO HAVE A FENCE CONSTRUCTED WHOLLY OR PARTIALLY OF RAZOR WIRE This is to certify that ...... of ...... is permitted, subject to the conditions set out below, to have a fence constructed wholly or partially of razor wire on ...... (address) from ………………………...... ………. 20...... and until this permit is transferred or cancelled. Dated this ...... day of ...... 20...... ………...... …………………. Chief Executive Officer, Shire of Collie This permit is issued upon and subject to the following conditions, namely that the holder of the permit shall— • Display the permit in a prominent position on the land or premises on which the fence has been erected. • Upon the request of a Building Surveyor produce to him or her the permit. • Within 14 days of a change in the ownership or occupation of the land or premises in respect of which the permit has been granted, notify the Chief Executive Officer in writing of the details of that change or those changes. • Obtain the written consent of the Local Government prior to the commencement of any alteration, addition or other work relating to or affecting the fence......

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Dated this 17th day of June 2013. The Common Seal of the Shire of Collie was affixed in the presence of— Cr WAYNE SANFORD, Shire President. Mr JASON WHITEAKER, Chief Executive Officer.

——————————— LG301* LOCAL GOVERNMENT ACT 1995 City of Vincent STANDING ORDERS LOCAL LAW NO. 1, 2013 Under the powers conferred by the Local Government Act 1995, and by all other powers enabling it, the Council of the City of Vincent resolved on 25 June 2013 to make the following local law. 1. Citation This local law may be cited as the City of Vincent Standing Orders Local Law No. 1, 2013. 2. Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 3. Principal local law In this local law the City of Vincent Standing Orders Local Law published in the Government Gazette on 14 October 2008, is referred to as the principal local law. The principal local law is amended. 4. Clause 1.6 amended Clause 1.6 is amended by inserting the following terms where they appear in alphabetical sequence— “Agenda” means in relation to any proposed meeting, a paper listing the terms of business to be transacted at the meeting and the order of that business; “index” means the sequential arrangement of items in numerical order as they appear in the Agenda; 5. Clause 2.19 amended In Clause 2.19, delete subclause (7) and (8) and insert the following— (7) Any reports or items listed in the Agenda which are the subject of a question or statement from a member of the public— (a) are to be considered in the numerical order as they appear in the Index; and (b) are to be considered immediately after all unopposed items have been determined, which will be moved “En Bloc”. (8) The presiding member or the Council by carrying a motion, without debate, may alter the order in which any item, which is the subject of a question or statement from a member of the public, may be dealt with. (9) The presiding member or the majority of members present voting in the affirmative, may determine that the time available for question time is to be limited or extended, as the case may be, however, in any case shall not be less than 15 minutes. 6. Clause 5.4 amended Delete Clause 5.4 and substitute the following— 5.4 Order of call in debate— The presiding member shall call speakers to a substantive motion in the following order— (i) the mover to state the motion; (ii) a seconder to the motion; (iii) the mover to speak to the motion; (iv) the seconder to speak to the motion; (v) speakers for and against the motion until all members wishing to speak have been given the opportunity to speak; and (vi) the mover takes the right of reply, which closes the debate. 7. Clause 7.10 amended Delete Clause 7.10 (3) and substitute the following— (3) A member moving the suspension of Standing Orders under this clause shall state the purpose of the suspension and/or the specific clause or clauses of the Standing Orders sought to be suspended.

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Dated: 1 July 2013. The Common Seal of the City of Vincent was affixed by the authority of a resolution of the Council in the presence of— Hon ALANNAH MacTIERNAN, Mayor. JOHN GIORGI JP, Chief Executive Officer.

——————————— LG302* LOCAL GOVERNMENT ACT 1995 DOG ACT 1976 City of Nedlands DOGS AMENDMENT LOCAL LAW 2013 Under the powers conferred by the Local Government Act 1995, the Dog Act 1976 and all other powers enabling it, the Council of the City of Nedlands resolved on 25 of June 2013 to make the following local law. 1. Citation This local law may be cited as the City of Nedlands Dogs Amendment Local Law 2013. 2. Commencement This local law comes in to operation 14 days after the date of its publication in the Government Gazette. 3. Principal Local Law In this local law, the City of Nedlands Dogs Local Law published in the Government Gazette on 11 October 2012 is referred to as the Principal Local Law. The Principal Local Law is amended. 4. Clause 1.3 amended In Clause 1.4 insert the following in alphabetical order— children’s playground means an area set aside for use by children and noted by the presence of dedicated children’s playground equipment and the presence of either white sand or other form of soft fall surface.

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Dated this 1st day of July 2013. The Common Seal of the City of Nedlands was affixed by authority of a resolution of the Council in the presence of— MAX HIPKINS, Mayor. GREG TREVASKIS, Chief Executive Officer.

——————————— LG301* LOCAL GOVERNMENT ACT 1995 Shire of Brookton LOCAL GOVERNMENT PROPERTY AMENDMENT LOCAL LAW 2013 Under the powers conferred by the Local Government Act 1995 and by all other powers enabling it, the Council of the Shire of Brookton resolved on 16 May 2013 to make the following local law. 1. Citation This local law is cited as the Shire of Brookton Local Government Property Amendment Local Law 2013. 2. Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 3. Principal Local Law In this Local Law, the Shire of Brookton Local Government Property Local Law 2012 published in the Government Gazette on 6 March 2012 is referred to as the principal Local Law. The principal local law is amended. 4. Clause 3.14 amended In clause 3.14 (3) delete “a determination or”. 5. Clause 4.8 amended Clause 4.8 is amended as follows— (a) In subclause (1) delete “or is likely to behave”; and (b) In subclause (3) delete “clause (8)” and replace with “Part 7”. 6. Schedule 2 amended In Schedule 2 delete clause 2.2(3). ————

Dated: 30 May 2013. The Common Seal of the Shire of Brookton was affixed by the authority of a resolution of the Council in the presence of— B. J. COOTE, Shire President. K. T. O’CONNOR, Chief Executive Officer.

——————————— LG301* LOCAL GOVERNMENT ACT 1995 Mindarie Regional Council STANDING ORDERS AMENDMENT LOCAL LAW 2013 Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Mindarie Regional Council resolved on 4 July, 2013 to make the following Local Law.

1. Citation This local law may be cited as the Mindarie Regional Council Standing Orders Amendment Local Law 2013.

2. Commencement This local law will come into operation 14 days after the day on which it is published in the Government Gazette.

3. Principal local law amended The Mindarie Regional Council Standing Orders Local Law 2010, as published in the Government Gazette on 29 July 2011, is referred to as the principal local law. The principal local law is amended.

4. Clause 5.9 amended In clause 5.9 delete subclause 3.

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Dated: 11 July 2013.

The Common Seal of the Mindarie Regional Council was affixed in accordance with Council Policy CP02 Affixing of the Common Seal in the presence of— RUSS FISHWICK, Chairman. BRIAN CALLANDER, Chief Executive Officer.

——————————— LG301* LOCAL GOVERNMENT ACT 1995 City of Vincent PARKING AND PARKING FACILITIES LOCAL LAW 2007 Parking and Parking Facilities Amendment Local Law No. 1 2013 Under the powers conferred by the Local Government Act 1995, the Parking and Parking Facilities Amendment Local Law No. 1, 2013 and by all other powers enabling it, the Council of the City of Vincent resolved on 9 July 2013 to make the following local law. 1. Citation This local law may be cited as the City of Vincent Parking and Parking Facilities Amendment Local Law No. 1 2013. 2. Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 3. Principal local law In this local law, the City of Vincent Parking and Parking Facilities Local Law 2007 published in the Government Gazette on 21 November 2007 and amended as published in the Government Gazette on 5 August 2008, 27 February 2009, 12 July 2011 and 30 October 2012 is referred to as the principal local law. The principal local law is amended. 4. Schedule 2 amended The existing Schedule 2—Prescribed Offences—be deleted and the following Schedule 2—Prescribed Offences be inserted as follows— Modified Item Clause No. Nature of Offence Penalty No. (Amended)$ 1 2.2(1), (2) Failure to comply with signs 60 2 2.3(a) Unauthorised display, marking, setting up, 135 exhibiting of a sign 3 2.3(b) Unauthorised removal, defacing or misuse of 80 a sign 4 2.3(c) Unauthorised affixing anything to a sign 70 5 3.2(1)(a) Failure to park parallel to and as close to the 70 kerb as practicable in a parking stall 6 3.2(1)(b) Failure to park wholly within parking stall 70 7 3.2(1)(c) Failure to park in the direction of the 70 movement of traffic in a parking stall 8 3.2(4) Failure to park wholly within parking area 60 9 3.3(1)(a) Causing obstruction in parking station 135 10 3.3(1)(b) Parking contrary to sign in parking station 60 11 3.3(1)(c) Parking contrary to directions of authorised 160 person in a parking station 12 3.3(1)(d) Parking or attempting to park a vehicle in a 60 parking stall occupied by another vehicle 13 4.1(1)(a) Parking by vehicles of a different class 95 14 4.1(1)(b) Parking by persons of a different class 95 15 4.1(1)(c) Parking during prohibited period 95 16 4.1(3)(a) Parking in no parking area 95 17 4.1(3)(b) Parking contrary to signs or limitations 60 18 4.1(3)(c) Parking vehicle in motor cycle only area 60 19 4.1(4) Parking motor cycle in stall not marked 60 ‘M/C’ 20 4.1(5) Parking without permission in an area 95 designated for ‘Authorised Vehicles Only’ 21 4.2(1)(a) Failure to park on the left of two-way 70 carriageway 22 4.2(1)(b) Failure to park on boundary of one-way 70 carriageway Modified Item Clause No. Nature of Offence Penalty No. (Amended)$ 23 4.2(1)(a) or Parking against the flow of traffic 70 4.2(1)(b) 24 4.2(1)(c) Parking when distance from farther 110 boundary less than 3 metres 25 4.2(1)(d) Parking closer than 1 metre from another 60 vehicle 26 4.2(1)(e) Causing obstruction 135 27 4.3(b) Failure to park at approximate right angle 60 28 4.4(2) Failure to park at an appropriate angle 60 29 4.5(2)(a) Double parking 135 30 4.5(2)(b) Parking on or adjacent to a median strip 70 31 4.5(2)(c) Denying access to private drive or right of 135 way 32 4.5(2)(d) Parking beside excavation or obstruction so 135 as to obstruct traffic 33 4.5(2)(e) Parking within 10 metres of traffic island 70 34 4.5(2)(f) Parking on footpath/pedestrian crossing 160 35 4.5(2)(g) Parking closer than 3 metres to double 135 longitudinal lines 36 4.5(2)(h) Parking on intersection 160 37 4.5(2)(i) Parking within 1 metre of fire hydrant or 60 fire plug 38 4.5(2)(j) Parking within 3 metres of public letter box 60 39 4.5(2)(k) Parking within 10 metres of intersection 70 40 4.5(3)(a) or Parking vehicle within 10 metres of 60 (b) departure side of bus stop, children’s crossing or pedestrian crossing 41 4.5(4)(a) or Parking vehicle within 20 metres of 60 (b) approach side of bus stop, children’s crossing or pedestrian crossing 42 4.5(5) Parking vehicle within 20 metres of 60 approach side or departure side of railway level crossing 43 4.6 Parking contrary to direction of authorised 160 person in a thoroughfare 44 4.7(1), (2) Moving vehicle to avoid time limitation 95 or (3) 45 4.8(a) Parking in thoroughfare for purpose of sale 135 46 4.8(b) Parking unlicensed vehicle in thoroughfare 110 47 4.8(c) Parking a trailer/caravan on a thoroughfare 110 48 4.8(d) Parking in thoroughfare for purpose of 135 repairs 49 4.9(2) Parking on land that is not a parking facility 135 without consent 50 4.9(3) Parking on land not in accordance with 135 consent 51 4.10 Driving or parking on a reserve 135 52 4.11 Parking on a verge 70 53 4.13(1) Failure to display an unexpired parking 70 ticket (Parking Station) 54 4.13(2)(a) Deface, alter, add to, erase, obliterate or 160 otherwise interfere with a parking ticket 55 4.13(2)(b) Display a defaced, altered obliterated or 160 otherwise interfered with parking ticket 56 4.13(2)(c) Produce a defaced, altered obliterated or 160 otherwise interfered with parking ticket 57 5.1(1)(a) Stopping contrary to a no stopping sign 135 58 5.1(1)(b) Stopping during the times a sign specifies a 270 “no stopping” restriction is in operation Modified Item Clause No. Nature of Offence Penalty No. (Amended)$ 59 5.1(2) Parking contrary to a no parking sign 95 60 5.1(3) Stopping within continuous yellow lines 135 61 5.2 Stopping unlawfully in a loading zone 95 62 5.3 Stopping unlawfully in a taxi zone or bus 110 zone 63 5.4 Stopping unlawfully in a mail zone 80 64 5.5 Stopping in a zone contrary to a sign 60 65 5.6 Stopping in a shared zone 60 66 5.7(1) Double parking 135 67 5.8 Stopping near an obstruction 135 68 5.9 Stopping on a bridge or tunnel 110 69 5.1 Stopping on crests/curves etc 110 70 5.11 Stopping near fire hydrant 80 71 5.12(1) Stopping near bus stop 95 72 5.13 Stopping on path, median strip or traffic 135 island 73 5.14(1) Stopping on verge 70 74 5.15 Obstructing path, a driveway etc 135 75 5.16 Stopping near letter box 60 76 5.17 Stopping heavy or long vehicles on 95 carriageway 77 5.18 Stopping in bicycle parking area 70 78 5.19 Stopping in motorcycle parking area 70 79 5.20 Stopping or parking in a stall set up as an 95 eating area 80 5.21 Stopping or parking contrary to 70 requirements of a permit 81 5.22 Stopping or parking a vehicle (other than a 70 bicycle or motor cycle) in a parking stall approved for motor cycles 82 6.2(1) Damaging or interfering with ticket issuing 160 machine 83 6.2(2) Affixing a board, sign, placard or notice or 70 marking any ticket issuing machine 84 6.2(3) Inserting other than a coin in a ticket 60 issuing machine 85 6.2(4) Operating a ticket issuing machine contrary 60 to instructions 86 6.3(2) Failure to pay appropriate fee 70 87 6.4(1)(a) Failure to display an unexpired parking 70 ticket 88 6.4(1)(b) Failure to display a valid parking ticket 70 89 6.5(1) Stopping or parking for longer than the 70 maximum period 90 6.6(1)(a) Failure to stop or park parallel to the kerb in 70 a ticket machine zone 91 6.6(1)(b) Failure to stop or park as close to the kerb 70 as practicable in a ticket machine zone 92 6.6(1)(c) Failure to stop or park wholly within a 70 parking stall in a ticket machine zone 93 6.6(1)(d) Failure to stop or park in direction of 60 movement of traffic in a ticket machine zone 94 7.9 Failure to display a valid permit 95 95 8.3 Failure to comply with a lawful direction of 160 an authorised person 96 8.4 Failure to leave local government property 160 when lawfully directed to do so by an authorised person Modified Item Clause No. Nature of Offence Penalty No. (Amended)$ 97 8.5(2) Removing or interfering with a lawful mark 160 on a tyre 98 8.6 Removing a notice on a vehicle 135 99 8.8(1) Leaving a vehicle in a public place or 135 thoroughfare so as to cause an obstruction 100 8.9 Attempting to or removing, damaging, 160 defacing, misusing or interfering with any part of a parking station or parking facility 101 All other offences not specified 95

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Dated: 15 July 2013. The Common Seal of the City of Vincent was affixed under the authority of a resolution of the Council in the presence of— ALANNAH MACTIERNAN, Mayor. JOHN GIORGI JP, Chief Executive Officer. LG301* LOCAL GOVERNMENT ACT 1995 City of Cockburn (LOCAL GOVERNMENT ACT) AMENDMENT LOCAL LAW 2013 Under the powers conferred by the Local Government Act 1995 and all other powers enabling it, the City of Cockburn resolved on 11 July 2013 to adopt the following local law. 1. Citation This local law may be cited as the City of Cockburn (Local Government Act) Amendment Local Law 2013. 2. Commencement This local law comes into operation 14 days after the day of its publication in the Government Gazette. 3. Principal Local Laws The City of Cockburn (Local Government Act) Local Laws 2000 as published in the Government Gazette on 9 October 2000 and as published and amended in the Government Gazette on 13 November 2001, 15 November 2002, 26 September 2003, 25 November 2003, 27 July 2004, 17 May 2005, 11 January 2008, 10 December 2010, and 16 December 2011, 22 June 2012, are referred to as the Principal Local Law. The Principal Local Law is amended. 4. Part IIA—Firebreaks and Related Matters amended Delete Part IIA—Firebreaks and Related Matters.

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