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Fencing Amendment Local Law 2021

Overview

What is a local law?

Local laws are laws that are made by Council for their local government area, in response to particular local issues and for the good government of their communities. The Local Government Act 1995 and other relevant Acts enable Western Australian local government to make local laws.

The City of Rockingham Fencing Local Law 2020 came into effect on 9 April 2021. It was published in the Government Gazette on 26 March 2021 No. 55.

The purpose of this local law is to provide what constitutes a ‘sufficient fence’ for the purposes of the Dividing Fences Act 1961 and to state the materials to be used and safety measures to be undertaken in relation to some types of fencing. The effect of the local law is that fencing in the district will need to comply with the definition of a ‘sufficient fence’ as stipulated in the local law and its other provisions.

In July 2021 Council resolved to undertake to the Joint Standing Committee on Delegated Legislation that the City:

  1. Within six months, amend the local law to:
    a) Correct the typographical error and other errors in clauses 1.5; 2.6(3)(1) and 6.1.
    b) Delete either clause 2.7(2) or clause 4.1(1)(b)
    c) Ensure the title of the local law reflects the year in which it was made.
  2. Provide clarification about the reference to ‘sufficient fence’ in clause 4.1(1)(b).
  3. Provide information on how the Australian standards can be accessed by residents free of charge. (Customers can contact the Building Department to request to view Australian Standards relevant to Fencing)
  4. Until the local law is amended, the City will not enforce the local law contrary to undertaking 1.
  5. Ensure all consequential amendments arising from the undertaking will be made.
  6. Where the local law is publicly available by the City, whether in hard copy or electronic form, ensure that it is accompanied by a copy of the undertaking.

Due to the above there is a need for the Proposed Fencing Amendment Local Law 2021. The purposed and effect of this proposed local law is below.

Purpose:

The purpose of this local law is to amend provisions in the City of Rockingham Fencing Local Law 2020 to provide clarity on what constitutes a ‘sufficient fence’ for the purposes of the Dividing Fences Act 1961 and to state the materials to be used and safety measures to be undertaken in relation to some types of fencing.

Effect:

The City of Rockingham Fencing Local Law 2020 will be amended to provide a more clear definition of a ‘sufficient fence’ as stipulated in the local law and its other provisions, and delete references to Australian Standards, and amend the year of the local law to match the year it was published in the Government Gazette.

More information can be found in the document below or in the July 2021 Council Minutes – Report Item GM-023/21.

Share your thoughts

As a resident or business operator within the City of Rockingham, you are encouraged to review the proposed local law and provide your feedback.

You can do this:

All submissions must be received by on or before Friday 5 November 2021.

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