Toodyay adopts new fencing local law with $5,000 penalties

The Shire of Toodyay has replaced its 1999 fencing rules with a new local law that sets minimum standards for boundary and dividing fences and introduces licensing for electrified and razor wire fences. The Shire of Toodyay Fencing Local Law 2026 was resolved by the Council on 1 October 2026 and published in the Government Gazette (WA) No. 135 of 26 October 2026, a special edition. It comes into operation 14 days after publication, on 9 November 2026.

Made under the Local Government Act 1995, the law applies throughout the district and repeals the Shire of Toodyay Local Laws Related to Fencing published in the Government Gazette on 1 November 1999 (pages 5461/5466). Its stated purpose is to prescribe minimum standards for a sufficient fence and to regulate the construction, maintenance and materials of fences so as to ensure safety, amenity and consistency with applicable legislation. The authorisation is dated 14 October 2026 and was sealed in the presence of Cr Michael McKeown, Shire President, and Mr Alan Hart, Temporary Chief Executive Officer.

The law does not require an owner or occupier to erect a fence where none presently exists, and does not affect the operation of the Act as between adjoining owners.

Minimum standards by zone

A sufficient fence is now defined by schedule according to the zoning of the lot:

• Residential lots — timber picket, corrugated sheeting, brick, stone or concrete, or composite fences built to Schedule 2 specifications, with an overall height of 1,800 millimetres.
• Commercial and industrial lots — mesh fencing to 2,000 millimetres with three strands of barbed wire above, to an overall height not exceeding 2,400 millimetres (Schedule 3).
• Rural and conservation lots — five-strand high tensile wire of at least 2.5 millimetres diameter, posts at least 1,800 millimetres long set 600 millimetres into the ground, and a fence height of at least 1,200 millimetres (Schedule 4).

Masonry, stone or concrete fences may not exceed 1,800 millimetres unless approved, and a further 400 millimetres is allowed only where a fence extender is at least 50 per cent transparent. Free-standing fences in a residential front setback area are capped at 1,200 millimetres without development approval, and fences on rural lots above 1,500 millimetres need written approval. Residential lots must be fenced on both sides and rear boundaries with a taper to 1.2 metres forward of the building line; rural and conservation lots must be fenced on their perimeter.

Electrified, razor wire and barbed wire

Part 5 of the law creates a licensing regime for the higher-risk materials:

• An electrified fence requires approval on any lot other than a rural lot, and the Shire must not approve one on a lot that is, or abuts, a residential lot.
• Electrified fences must comply with AS/NZS 3016:2002 and be capable of being rendered inoperable during normal business hours.
• Razor wire requires approval, and the wire must sit between 2,000 and 2,400 millimetres above ground level.
• Barbed wire on industrial lots must be carried on posts angled no more than 45 degrees inward, at least 2,000 millimetres above ground, with the lowest strand set back at least 150 millimetres from the fence face.
• Broken glass is prohibited in any fence.

Licence holders must display the licence on the land, produce it to a Building Surveyor on request, notify the Chief Executive Officer in writing within 14 days of any change of ownership or occupation, and obtain written consent before altering the fence.

Approvals, penalties and enforcement

Approval is required to vary a schedule specification, install an electrified fence, erect razor wire, build in a front setback area contrary to the rules, exceed the rural height limit, or use pre-used materials. Applications go to the Shire with a site plan, elevations, materials and construction details, plus any fee set under sections 6.16 to 6.19 of the Local Government Act 1995.

A person convicted of an offence faces a penalty of up to $5,000, plus $500 for each day the offence continues. Twelve offences carry modified penalties payable by infringement notice: $250 for most, including erecting a fence that is not sufficient, failing to maintain a fence, and installing an electrified or razor wire fence without approval, and $200 for a gate that opens outward over a thoroughfare or does not open into the lot. The Shire may issue a notice of breach, enter the lot to remedy non-compliance and recover the costs in court, and decisions on approvals and licences are subject to objection and review under Part 9 of the Act.

The change reaches every ratepayer and rural landholder in the shire: fencing that was acceptable under the 1999 rules may no longer meet the standard, and the licensing requirements for electrified and razor wire fences apply from 9 November.

Source: Government Gazette (WA), No. 135, 26 October 2026, Special edition, p. 2401 (official reference: gg2026_135).