Fencing Amendment Local Law 2026

The City is proposing amendments to the Fencing Local Law 2025 following a review by the Joint Standing Committee on Delegated Legislation.

The Committee identified several areas that require clarification or correction to ensure the local law complies with legislative requirements and drafting standards. These include:

• References to Australian Standard AS2890.1:2024 relating to “sight triangles” for vehicle access points;
• Clarification around public access to referenced Australian Standards material;
• Minor drafting errors relating to incorrect clause references within Schedule 3; and

Provisions that may not align with legislative requirements, including a clause considered to reverse the onus of proof. 

The proposed amendments to the Fencing Local Law 2025 include:

• Removing the definition of “AS” (Australian Standard) from Clause 1.5.
• Replacing the current Clause 3.1(2) relating to fencing within sightline areas near vehicle access points.
• Updating the requirements for fences near driveways and vehicle access points so they must either:
  • comply with the relevant Local Planning Policy or Residential Design Codes under the City’s Local Planning Framework; or
  • seek Development Approval for an alternative performance-based solution.
• Correcting minor drafting errors within Schedule 3, including updates to incorrect clause references:
  • Item 3 will be updated from Clause 3.3 to Clause 3.2; and
  • Item 5 will be updated from Clause 4.1(2) to Clause 4.1(3).

The proposed amendments aim to improve clarity, correct drafting issues, and ensure the local law remains compliant with the Local Government Act 1995 and other legislative requirements.

City of Melville Council is the final decision maker.

The best submissions are specific and provide feedback on specific clauses in the proposed local law, as opposed to making general comments about the topic of the local law. 
 
 To help ensure we can properly understand and properly consider your feedback, please: 

• Identify which Part or Clause your feedback is about; 
• clearly explain why you are supportive, or not supportive, of that particular Part or Clause; and 
• if you are proposing changes to a Part or Clause, clearly explain the rationale behind the proposed changes and how it will contribute to the purpose and effect of the local law. 

Please be aware that a local law cannot be inconsistent with the Local Government Act 1995 or any subsidiary regulations, nor can it be inconsistent with any other written law, and any submissions which would result in inconsistencies cannot be considered. Additionally, submissions must relate to the proposed amendments and not the broader Local Law. 

The Local Government Act 1995 establishes the procedure for making local laws. The procedure requires the local government to give local public notice inviting submissions from the public for a minimum period of six weeks. Following the notice period, any submissions received are presented to Council who may then, by Absolute Majority, consider formally making the local law.

Yes, submissions can be completed on their behalf, provided consent is given. Alternative ways to participate are always available through online, by phone, or in person, and the City of Melville can assist if required.

We request basic details, such as your name or suburb, to help verify submissions, understand who has been reached, and improve future engagement. As part of the formal submission process, you will also be asked whether you consent to your name being included in the consultation report presented to Council.

We take your privacy seriously. Any personal information you provide will be managed in accordance with applicable Western Australian privacy legislation, including the Privacy and Responsible Information Sharing Act 2024 (WA), and is used only to support engagement, analyse feedback and share relevant updates.

City of Melville Privacy Privacy and Responsible Information Sharing Act 2024

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