Fencing Local Law 2016

Information

The City is in the process of updating its local laws. Many were made in 1999, and were contemporary in their day, but require updating to the point where replacement in many instances is warranted.

It is proposed to make a Fencing Local Law to replace parts of the Private Property Local Law 1999. The proposed new local law is to provide a definition of a ‘sufficient fence’ for the purposes of the Dividing Fences Act 1961 and to prescribe the materials to be used and safety measures to be undertaken in relation to some types of fencing.

The salient features of the proposed local law are summarised below:

• Part 1 - sets out administrative provisions and contains definition of terms used throughout the local law.
• Part 2 - provides that without the agreement of a neighbour a person must not erect a fence that is not a sufficient fence or alter the level of ground so as to affect the height of a sufficient fence. Nothing allows persons to erect a dangerous fence without a permit from the City. This Part establishes the requirement for a sufficient fence via Schedules, and provides that a person must obtain a permit from the City to erect a fence in a front setback area or a secondary frontage that does not comply with the provisions of section 2.3 and 2.4. Section 2.6 requires fences to be maintained. Section 2.7 requires the City’s approval for any fence that is proposed to contain razor wire or other material with spiked or jagged projections. Section 2.8 sets out requirements with respect to gates in fences, including the requirement to obtain a permit from the City to install a gate in a dividing fence that separates property from a reserve or public thoroughfare.
• Part 3 - deals with estate fences
• Part 4 – deals with tennis court fences
• Part 5 - Requires anyone who wishes to erect a fence that is electrified, or contains barbed and razor wire to obtain a permit from the City.
• Part 6 - Sets out permit requirements.
• Part 7 - Deals with appeals.
• Part 8 - Sets out enforcement provisions, which include notices requiring compliance, modified penalties (on the spot infringements) of generally $150 as listed in Schedule 4, and prosecution for serious offences. Note that the maximum allowable penalty under a local law is $5,000.

Comments can be emailed to enquiries@wanneroo.wa.gov.au, mailed to the Chief Executive Officer, City of Wanneroo, Locked Bag 1, WANNEROO WA 6946, or made in person at the City of Wanneroo, Administrative Centre, 23 Dundebar Road, Wanneroo.