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 Fencing Amendment Local Law 2026 seeks to amend the Fencing Local Law 2025, to address concerns raised by the Joint Standing Committee on Delegated Legislation. They have requested the following amendments:

Clause 3.1(2) and Australian Standards

Section 3.1 (2) of the City of Melville Fencing Local Law 2025 states that:

“all other lots, a fence adjacent to any vehicle access point must be truncated or reduced in height to no greater than 0.75m within the "sight triangles" identified in clause 3.2.4 (b) and Figure 3.3 of AS2890.1.2024.”

The JSCDL has queried whether the City of Melville has access to figure 3.3, referenced in the clause, and if so how and where the public may obtain free access to it. This aligns with the Committee’s practice to require local governments to provide access to the relevant standards where they are quoted within a Local Law.

It is acknowledged that whilst the City of Melville administration has access to the Australian Standards, members of the public cannot access this information freely from the City’s source.

Therefore, as the City cannot provide a free of charge copy of this Standard to members of the public, the local law will be amended to remove reference to the Australian Standard, and instead include the following under 3.1:

“(2)For all other lots, in relation to fencing within sightline areas, a fence adjacent to a vehicle access point must either comply with the relevant Local Planning Policy or Residential Design Codes as applicable under the City’s Local Planning Framework or seek Development Approval for a performance solution.”

Drafting Errors in Schedule 3

The JSCDL has advised of two numerical drafting errors in Schedule 3 of the Local Law, and have requested that they be amended as follows:

• Item 3 regarding Clause 3.3: Installing a gate in a fence that causes an obstruction when open should be amended to clause 3.2; and
• Item 5 regarding clause 4.1 (2): Erecting an electrified fence on a residential lot should be amended to clause 4.1 (3).

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.

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