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The treatment of walls and gates as part of a "fence"

The Dividing Fences Act 1961 (DFA 1961) makes no mention of walls/gates etc. It describes a "fence" as a barrier that will contain animals such as sheep and cattle (or as decided by a magistrate). So Perth has moved on a little since this Act was passed and most councils have adopted "fencing local law" to provide further clarification to residents within the shire.

We have identified 2 "fence" definitions and we are steadily compiling a list of which shire has adopted which definition.

(Fencing local law 2008)
(Fencing local law 2014)


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Shires we have checked...

Shire Local Law 2008 
(including retaining walls)
Local Law 2014
(NOT including retaining walls)

No adoption of Fencing 
Local Law (FLL) or variation
City of South Perth

✅ NO FLL: Refer DFA 1961
Town of Victoria Park ✅

City of Perth
✅

City of Subiaco

✅ NO FLL: Refer DFA 1961
City of Bayswater ✅

Town of East Fremantle ✅

City of Rockingham ✅

City of Stirling ✅

City of Joondalup
✅
City of Mandurah
✅
City of Wanneroo
✅
Town of Cambridge
✅
City of Melville

✅ * see below
Town of Bassendean ✅

City of Vincent

✅ * see below
City of Nedlands ✅

Town of Claremont

✅ * See below
Town of Mosman Park

✅ * See below






Shire Additional info
City of Melville
City of Vincent Does not specifically include or exclude retaining walls. (Wording is "silent" on this issue)
Town of Mosman Park Does not specifically include or exclude retaining walls. (Wording is "silent" on this issue)
Town of Claremont





boundary rules fence regulations

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