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City of Bunbury Register of Delegated Authority

Annual Review - 13 December 2016 Council Decision 444/16 Amendment DACL06 - 13/12/2016 CD 445/16

Addition DAH08 - 24/01/2017 CD 21/17 Addition DAO09 - 21/02/2017 CD 58/17

Amendment DAG02 - 11/07/2017 CD 264/17


Last updated 11 July 2017 of 114

Table of Contents

INTRODUCTION.......................................................................................................................................................... 4

Register of Delegated Authority...................................................................................................................................... 4

Background to delegations and authorisations.............................................................................................................. 4

The concept of “acting through”..................................................................................................................................... 4

Standard Conditions of Delegations................................................................................................................................ 5

DELEGATIONS OF AUTHORITY.................................................................................................................................... 6

Building........................................................................................................................................................................... 6

DAB01 - Building Act 2011.......................................................................................................................................... 6

DAB02 - Fencing.......................................................................................................................................................... 8

DAB03 - Deposit Material on a Public Place............................................................................................................... 9

Community Law, Safety and Emergency Management................................................................................................ 11

DACL01 - Administer the Citys Local Laws................................................................................................................ 11

DACL02 - Disposal of Confiscated Goods.................................................................................................................. 13

DACL03 - Appoint Authorised Persons...................................................................................................................... 14

DACL04 - Closure of Streets for Parties or Events..................................................................................................... 16

DACL05 - Bush Fires Act............................................................................................................................................ 18

DACL06 - Cancellation of Infringement Notices........................................................................................................ 19

DACL07 - Impounding and Removal of Goods.......................................................................................................... 21

DACL08 - Recovery of Impounding Expenses............................................................................................................ 22

DACL09 - Legal Proceedings...................................................................................................................................... 23

DACL10 - Parking Related Signs................................................................................................................................ 25

Financial Management.................................................................................................................................................. 26

DAFM01 - Payments from Municipal and Trust Funds............................................................................................. 26

DAFM02 - Release of Bank Guarantees.................................................................................................................... 28

DAFM03 - Investment of Council Funds................................................................................................................... 29

DAFM04 - Write off of Moneys................................................................................................................................. 30

General.......................................................................................................................................................................... 32

DAG01 - Power to Accept Tenders........................................................................................................................... 32

DAG02 - Contract Price Variations............................................................................................................................ 34

DAG03 - Liquor Licensing Extended Trading Permits................................................................................................ 36

DAG04 - Tender Variations....................................................................................................................................... 37

DAG05 - City of Bunbury Art Collection – Purchase and Disposal of Artworks......................................................... 38

Health............................................................................................................................................................................ 39

DAH01 - Discharge of Powers – Section 26 of the Health Act 1911.......................................................................... 39

DAH02 - Treatment of Sewage and Disposal of Effluent and Liquid Waste.............................................................. 41

DAH03 - Caravan Parks and Camping Grounds......................................................................................................... 42



DAH04 - Caravan Parks and Camping Ground Regulations...................................................................................... 44

DAH05 - Section 39 and Section 40 Certificates....................................................................................................... 45

DAH06 - Section 55 Certificates................................................................................................................................ 47

DAH07 - Discharge of Powers (Food Act 2008)......................................................................................................... 49

DAH08 - Public Health Act 2016 and Criminal Procedure Act 2004.......................................................................... 51

Operations.................................................................................................................................................................... 52

DAO01 - Thoroughfare Submissions......................................................................................................................... 52

DAO02 - Purchase and Trade of Fleet Vehicles......................................................................................................... 53

DAO03 - Sale of Subdivisional Land.......................................................................................................................... 54

DAO04 - Conditions of Property Leases.................................................................................................................... 55

DAO05 - Closure of Private Right of Way.................................................................................................................. 56

DAO06 - Authority to Serve Notices to Owners or Occupiers of Land...................................................................... 57

DAO07 - Authority to Sell, Lease or Dispose of Plant, Equipment and Materials..................................................... 59

DAO08 - Determine Applications and Apply Conditions to Matters Relating to Road Reserves.............................. 61

DAO09 - Disposal of property (land)......................................................................................................................... 63

Planning and Development........................................................................................................................................... 64

DASP01 - Notification on Land Title.......................................................................................................................... 64

DASP02 - Notifications on Land Title (Applications for Built Strata Subdivision)...................................................... 66

DASP03 - Development Applications........................................................................................................................ 67

DASP04 - Local Planning Scheme and Local Planning Policy Compliance................................................................. 69

DASP05 - Residential Design Codes.......................................................................................................................... 71

DASP06 - Reserve Administration............................................................................................................................. 73

DASP07 - Planning and Development Act 2005 - Enforcement and Legal Proceedings........................................... 74

Statutory Delegations to Local Government from External Agencies........................................................................... 76

DASD01 - Western Australian Planning Commission (Clause 27 Greater Bunbury Region Scheme Development

Approvals).................................................................................................................................................................. 76

DASD02 - Western Australian Planning Commission (Section 25 Of Strata Titles Act 1995).................................... 84

DASD03 - Noise Control (Serve Environmental Protection Notices (s65(1)))........................................................... 87

DASD04 - Noise Control (Keeping Of Log Books, Noise Control Notices, Calibration And Approval Of NonComplying Events)...............................................................................................................................................

89

DASD05 - Noise Control (Noise Management Plans (Reg. 13))................................................................................. 91

AMENDED, REVOKED AND ARCHIVED DELEGATIONS OF AUTHORITY....................................................................... 93



Introduction to Delegations of Authority

Register of Delegated Authority

This register contains a record of all Delegations of Authority made to Committees pursuant to section 5.16 and to the Chief Executive Officer pursuant to section 5.42 of the Local Government Act 1995 (the Act) and section 82 of the Planning and Development (Local Planning Scheme) Regulations 2015. Where listed, some of these functions are hereby delegated by the Chief Executive Officer to City of Bunbury employees pursuant to section 5.44 of the Act and section 83 of the Planning and Development (Local Planning Scheme) Regulations 2015. All delegations made by the Council must be by absolute majority decision. The purpose of delegations is to assist with improving the time taken to make decisions within the constraints allowed by the relevant legislation. This is consistent with the City’s commitment to a strong customer service focus. Each instrument of delegation describes the function being delegated and the relevant statutory reference which is the source of power for the exercise of the function. This register of delegated authority will be reviewed in accordance with the Act on an annual basis.

Background to delegations and authorisations

Delegations and authorisations are the means by which decision making bodies can access the power to undertake certain statutory functions. A delegation is the conferral of the ability to exercise a power or duty to a person or body from a person or body that is vested with the responsibility to exercise that power or duty. An authorisation is the designation of an officer or a body as a person or body that is capable of exercising a statutory power or duty. When a person or body exercises delegated authority they do so “on behalf” of the delegator and in doing so the person or body exercising delegated authority forms the relevant state of mind to make the decision “on behalf” of the delegator. An authorised person or body exercises a statutory function in their own right. The Western Australian local government statutory regime also provides for the Council and CEO to “act through” other officers, agents and bodies to achieve statutory functions. “Acting through” in this manner is not the exercise of delegated authority or an authorised power and must be handled differently. The Department of Local Government and Communities provides a guideline on delegation to local governments in Western Australia. (Local Government Guideline No. 17 – Delegations).

The concept of “acting through”

(Extracted from DLGC Guideline No. 17 – Delegations”) In addition to covering delegations, the Local Government Act 1995 introduces the concept of “acting through”. Section 5.45 of the Act states that in relation to delegations, nothing prevents a “local government from performing any of its functions by acting through a person other than the CEO” or “a CEO from performing any of his or her functions by acting through another person”. The Act does not specifically define the meaning of the term “acting through”. However, the key difference between a delegation and “acting through” is that a delegate exercises the delegated decision making function in his or her own right. The principle issues is that where a person has no discretion in carrying out a function, then that function may be undertaken through the “acting through” concept. Alternatively, where the decision allows for discretion on the part of the decision maker, then that function needs to be delegated for another person to have that authority.



Standard Conditions of Delegations

All delegations are subject to the following Standard Conditions: 1. In exercising delegation any and all Officers or Committees to whom authority has been delegated shall comply with any and all laws and regulations in force in Western Australia; and the requirements of any and all local laws and policies of the City of Bunbury. 2. In exercising delegation any and all Officers or Committees to whom authority has been delegated shall exercise the delegation in accordance with any budget authority where applicable. 3. Delegated authority cannot be exercised where a financial interest or interest affecting impartiality is evident. 4. It is a statutory requirement to maintain a record of each decision made under delegated authority. Documents relating to delegated authority decisions shall as a minimum, record: a. Date the decision was exercised; b. Name of the officer/committee exercising the decision; c. Description of how the person exercised the power or discharged the duty, including where appropriate, any directions to staff to carry out work associated with the decision unless those directions are included in policies, corporate guidelines or the delegation register; d. Notation of the people or class of people directly affected by the decision (other than Council or committee members or employees of the City). 5. Wherever possible the requirements of point 4 shall be incorporated into administrative documents such as authority and TRIM. Where no other documentation is created and recorded in the City’s record keeping system that will evidence a decision, the decision must be recorded by entering the details into Attain (online document management program for keeping records of delegation of authority).

Document Control/History

Document Owner: Manager Governance

Document Authority: Chief Executive Officer

Created Date: 17/07/1990

Compliance: Local Government Act 1995 s5.46

Document Date Approved Amendment CP-039456 11/07/2017 Council Decision 264/17 Amended Delegation DAG02 – Contract Price

Variations CP-038170 21/02/2017 Council Decision 58/17 Additional Delegation DAO09 – Power to

dispose of property (land) CP-038170 24/01/2017 Council Decision 21/17 Additional Delegation DAH08 - Public Health

Act 2016 and Criminal Procedure Act 200 CP-037858 13/12/2016 Council Decision 445/16 Amended Delegation DACL06 – cancellation

of infringement notices CP-037603 13/12/2016 Council Decision 444/16 Annual Review CP-032903 08/12/2015 Council Decision 440/15 Amended numerous Planning Delegations CP-032903 23/06/2015 Council Decision 219/15 Annual Review CP-023743 18/03/2014 Council Decision 89/14 Amended delegations as per Policy Review

and Development Committee Recommendation

CP-023743 18/03/2014 Council Decision 88/14 Annual Review

http://mydocs/sites/cp/_layouts/DocIdRedir.aspx?ID=CP-039456











Building

Delegation

Reference DAB01

Subject Building Act 2011

Delegated by

Council

Delegates

CEO

Subdelegates

Team Leader Building Certification Building Surveyor Director Planning and Development Services

Power or Duty

Authority to approve or refuse to grant or modify building and demolition permit applications, building approval certificates, certificates of building compliance, construction compliance and design compliance, grant or issue occupancy permits, issue building orders and notices and perform associated functions of a permit authority pursuant to the Building Act 2011.

Conditions

Subject to the qualification requirements of the Local Government (Building Surveyors) Regulations 2008.

Statutory Framework

Section 127 Building Act 2011 Division 2 of Part 2 Building Act 2011. Divisions 1, 2 and 3 of Part 4 Building Act 2011 Building Regulations 2012 Local Government (Building Surveyors) Regulations 2008

Policy

N/A

Adoption and Review

Date adopted References Last reviewed To be reviewed

23 June 2015 Council Decision 219/15 13 December 2016 30 June 2017



Amendments

Nil



Delegation

Reference DAB02

Subject Fencing

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Sustainability, Planning and Development Team Leader Building Certification Team Leader Development Assessment and Compliance Planning Officer(s) Senior Planning Officer Building Surveyor Director Planning and Development Services

Power or Duty

Pursuant to the Provisions of Section 5.42 of the Local Government Act 1995 and the City of Bunbury Local Law relating to fencing (which provides discretional power) the Chief Executive Officer is delegated the authority to exercise discretion and determine applications for fencing.

Conditions

Nil

Statutory Framework

Section 5.42 Local Government Act 1995 Private Property Local Law

Policy

N/A

Adoption and Review


21 December 1999 Council Decision 662/99 13 December 2016 30 June 2017

Amendments

Nil



Delegation

Reference DAB03

Subject Deposit Material on a Public Place

Delegated by

Council

Delegates

CEO

Subdelegates

Director Works and Services Manager Landscape and Open Space Manager Engineering and Civil Operations Director Planning and Development Services

Power or Duty

Pursuant to the Provisions of Section 5.42 of the Local Government Act 1995 and the City of Bunbury Local Law relating to works on public places (which provides discretional power) the Chief Executive Officer is delegated the authority to exercise discretion and determine applications for depositing material on any public place.

Conditions

Nil

Statutory Framework

Section 5.42 Local Government Act 1995 Part 5, clause 5.2 Local Government and Public Property Local Law

Policy

N/A

Adoption and Review





Amendments

Date Amendment References

8 July 2014 Amend the wording within Power/Duty to reference current legislation, namely Building Act 2011.

Council Decision 231/14

23 June 2015 Delegation amended to include specific details of the authority to exercise discretion when determining applications for depositing material on any public place. This also included a title change from Deposit Material on Street(s) to Deposit Material on a Public Place to correctly reflect the intent of the delegation.




Community Law, Safety and Emergency Management

Delegation

Reference DACL01

Subject Administer the Citys Local Laws

Delegated by

Council

Delegates

CEO

Subdelegates

Director Works and Services Manager Community Law, Safety and Emergency Management Manager Landscape and Open Space Team Leader Parking Operations Team Leader Ranger Operations Rangers/Fire Control Officers Manager Environmental Health Team Leader Environmental Health Environmental Health Officers Parking Officer Director Planning and Development Services

Power or Duty

Authority to administer the City’s local laws and to do all other things that are necessary or convenient to be done for, or in connection with, performing the functions of the City under the City’s Local Laws.

Conditions

Nil

Statutory Framework

Sections 3.18 and 5.42 Local Government Act 1995 City of Bunbury Standing Orders Local Law 2012 City of Bunbury Health Local Law 2001 Advertising Devices Local Law 2007 Private Property Local Law Local Government and Public Property Local Law Eating Areas, Trading or Entertaining on Streets or Other Public Places – Outdoor Eating Areas Local Law Parking and Parking Facilities Local Law

Policy

N/A



Adoption and Review



Amendments

Nil



Delegation

Reference DACL02

Subject Disposal of Confiscated Goods

Delegated by

Council

Delegates

CEO

Subdelegates

N/A

Power or Duty

Pursuant to Section 3.47 of the Local Government Act 1995 the Chief Executive Officer is delegated authority to dispose of any goods that have been ordered to be confiscated (or remain uncollected) under Section 3.43 of the Act.

Conditions

Nil

Statutory Framework

Sections 3.43, 3.47 Local Government Act 1995

Policy

N/A

Adoption and Review



Amendments

Nil



Delegation

Reference DACL03

Subject Appoint Authorised Persons

Delegated by

Council

Delegates

CEO

Subdelegates

N/A

Power or Duty

Pursuant to the provisions of Section 5.42 of the Local Government Act 1995, the Chief Executive Officer is delegated authority to appoint authorised officers/persons to enforce the provisions of various Statutory Acts and associated regulations. • Caravan Parks and Camping Grounds Act 1995 • Local Government (Miscellaneous Provisions) Act 1960 • Local Government Act 1995 • Cat Act 2011 • Dog Act 1976 • Building Act 2011 • Litter Act 1979 • Planning and Development Act 2015 • Local Planning Scheme

Conditions

A power or duty under sections 63, 64 or 65 of the Cat Act 2011 cannot be delegated to an authorised person.

Statutory Framework

Sections 3.24 (Subdivision 2 Certain Provisions About Land), 5.42, 5.44 and 9.10 Local Government Act 1995 Sections 17 and 23 Caravan Parks and Camping Grounds Act 1995 Local Government (Miscellaneous Provisions) Act 1960 Section 44 Cat Act 2011 Section 10AA Dog Act 1976 Section 96(3) Building Act 2011 Section 26 Litter Act 1979 Planning and Development Act 2015 Local Planning Scheme

Policy

N/A



Adoption and Review



Amendments


23 June 2015 Delegation amended to reflect correct references to legislation. Council Decision 219/15

13 December 2016 This delegation is amended to permit the CEO to appoint staff as authorised persons, not just Rangers, in accordance with the authority provided by various statutory acts and regulations, including the Local Government Act 1995.




Delegation

Reference DACL04

Subject Closure of Streets for Parties or Events

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Community Law, Safety and Emergency Management Director Works and Services Manager Landscape and Open Space Manager Engineering and Civil Operations Director Planning and Development Services

Power or Duty

Pursuant to the provisions of sections 5.42 and 3.50(1) and of the Local Government Act 1995, sections 81(C), (D) of the Road Traffic Act 1974 and Road Traffic (Events on Roads) Regulations 1991 the Chief Executive Officer is delegated authority to: • Grant approval on behalf of the Council for the closure of streets for street parties or events on roads.

Conditions

• The organisers obtaining the approval of the Police Department for the road closure for the event; • The organisers indemnifying the Council from any actions against loss or damage which may arise as a result of the event; and • Any other conditions deemed to be appropriate.

Statutory Framework

Sections 81(C) and (D) Road Traffic Act 1974 Road Traffic (Events on Roads) Regulations 1991 Sections 5.42, 3.50(1) Local Government Act 1995

Policy

N/A

Adoption and Review





Amendments





Delegation

Reference DACL05

Subject Bush Fires Act

Delegated by

Council

Delegates

CEO

Subdelegates

N/A

Power or Duty

Authority to perform all powers, duties and functions of the local government under the Bush Fires Act 1954.

Conditions

Authority excludes powers and duties that: 1. Are prescribed in the Act with a requirement for a resolution of the local government; or 2. Are prescribed by the Act for performance by appointed officers.

Statutory Framework

Section 48 Bush Fires Act 1954

Policy

N/A

Adoption and Review



Amendments


23 June 2015 Delegation amended to correctly reference the granting of authority to perform the functions of a local government under the Bush Fires Act 1954.


13 December 2016 This delegation is amended to apply conditions as prescribed in the Bush Fires Act 1954.




Delegation

Reference DACL06

Subject Cancellation of Infringement Notices

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Community Law, Safety and Emergency Management Team Leader Ranger Operations Director Planning and Development Services

Power or Duty

Pursuant to the provisions of the Local Government Act 1995, Dog Act 1976, Bushfires Act 1954, Litter Act 1979, Control of Vehicles (Off-road Areas) Act 1978, Cat Act 2011 and any regulations and local laws made there under, the Chief Executive Officer is delegated authority to cancel Infringement Notices issued (for the purposes of this delegation and where appropriate “cancel” includes the actions of ‘withdrawal’ and ‘caution’). For infringements issued under the Local Government Act, regulations or local laws: 1. The CEO may, in a particular case, extend the period of 28 days within which the modified penalty may be paid and the extension may be allowed whether or not the period of 28 days has elapsed. 2(a) Within one year after the notice was given the CEO may, whether or not the modified penalty has been paid, withdraw an infringement notice by sending to the alleged offender a notice in the prescribed form stating that the infringement notice has been withdrawn. 2(b) Where an infringement notice is withdrawn after the modified penalty has been paid, the amount is to be refunded.

Conditions

The delegated officer may only cancel infringement notices in the following circumstances: • where the officer is able to form an opinion that there is little prospect of locating a person in respect of whom the infringement notice has been issued; or • where it is ascertained that the address of the offender is such (e.g. overseas, interstate) that the execution of the legal process is unlikely to bring the offender to justice; or • where there are substantial discrepancies in the issue of an infringement; or • where legal proceedings cannot be commenced because of a lapse of one year since the date of the offence in the case of the making of a complaint, or six months in the case of a lodgement of the matter with the Registrar, INREP Registry; or • where in the opinion of the Council’s cancelling officer, there are other circumstances that warrant such a cancellation. In these circumstances, the delegated officer must take into consideration any reports by appropriate officers and will make such inquiries as necessary to determine the matter. • Bush Fires Act 1954 s59A(5) and Bush Fire (Infringements) Regulations 1978 4(a) provide that only delegated officers, the Mayor or Chief Executive Officer may withdraw an infringement notice. • Local Government Act 1995 – Any person who is appointed under s9.10(1) and subsequently appointed under s9.16, shall not be appointed under s9.19 and s9.20.



Statutory Framework

Section 5.42, 5.44, 9.19, 9.20 Local Government Act 1995 Section 35(5) Dog Regulations 2013 Section 65 Cat Act 2011 Section 59(A)(5) Bushfires Act 1954 Section 30(4) Litter Act 1979 Section 37(5) Control of Vehicles (Off-Road Areas) 1978

Policy

N/A

Adoption and Review



Amendments



13 December 2016 The proclaimed Local Government Legislation Amendment Bill 2016 legislation requires the CEO of the local government to withdraw the notice or extend the time for payment in relation to infringements. Previously authorised officers were able to provide these functions, providing for effective management of service delivery to the community. This amendment enables the CEO to exercise his powers and duties under the Act.


13 December 2016 This delegation is amended to apply an additional condition as prescribed in the Bush Fires Act 1954, and change the word “authorised” to “delegated” to ensure consistency.



Last updated 11 July 2017 Page 20 of 114



Delegation

Reference DACL07

Subject Impounding and Removal of Goods

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Community Law, Safety and Emergency Management Team Leader Community Safety and Emergency Management Rangers/Fire Control Officers Team Leader Ranger Operations

Power or Duty

Pursuant to the provisions of Section 5.42 of the Local Government Act 1995 the Chief Executive Officer is delegated authority to authorise the removing and impounding of any goods that are involved in a contravention that can lead to that impounding.

Conditions

Nil

Statutory Framework

Section 5.42 Local Government Act 1995

Policy

N/A

Adoption and Review



Amendments

Nil



Delegation

Reference DACL08

Subject Recovery of Impounding Expenses

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Community Law, Safety and Emergency Management Team Leader Community Safety and Emergency Management Rangers/Fire Control Officers Team Leader Ranger Operations

Power or Duty

Pursuant to the provisions of Section 5.42 of the Local Government Act 1995 and Section 3.48 of the same Act, the Chief Executive Officer is delegated authority to implement proceedings for the recovery of impounding expenses if the goods are removed and impounded.

Conditions

Nil

Statutory Framework

Sections 3.48 and 5.42 Local Government Act 1995

Policy

N/A

Adoption and Review



Amendments

Nil



Delegation

Reference DACL09

Subject Legal Proceedings

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Community Law, Safety and Emergency Management Director Works and Services Manager Environmental Health Director Planning and Development Services

Power or Duty

Authority to institute legal proceedings through the Council’s Solicitors is delegated to the Chief Executive Officer and/or any of its authorised officer(s) for the recovery of any penalties, and for the punishment of any person committing an offence relevant to the officers work areas, under the provisions of any legislation including the Health Act 1911, Litter Act 1979 1981, Local Government Act 1995, Bush Fires Act 1954, Caravan Parks and Camping Grounds Act 1995, Dog Act 1976, Cat Act 2011, Environmental Protection Act 1986, Food Act 2008, Control of Vehicles (Off Road Areas) 1978 and any Regulations and Local Laws made there under, which it is the duty of the Local Authority to enforce.

Conditions

Where a modified penalty specified within an Infringement Notice has not been paid within the time laid down in the Notice and in respect of other alleged offences not subject to a modified penalty, alleged offenders who apply for the setting aside of legal action shall be advised: • That the prosecution will not be suspended; and • At any time, the alleged offender may submit any mitigating circumstances to the Council for its consideration.

Statutory Framework

Health Act 1911 Litter Act 1979-1981 Sections 5.42, 5.44 and 9.24 Local Government Act 1995 Bush Fires Act 1954 Caravan Parks and Camping Ground Acts 1995 Dog Act 1976 Environmental Protection Act 1986 Food Act 2008 Section 40 Control of Vehicles (Off Road Areas) 1978

Policy

N/A



Adoption and Review



Amendments


23 June 2015 Delegation has been amended to reflect correct references to legislation.


13 December 2016 This delegation is amended to include the Control of Vehicles (Off Road Areas) 1978 to the statutory acts under which the Local Government may commence legal proceedings if required. Statutory Power of delegation provided in section 40 Control of Vehicles (Off Road Areas) 1978.




Delegation

Reference DACL10

Subject Parking Related Signs

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Community Law, Safety and Emergency Management Director Works and Services Team Leader Parking Operations Manager Engineering and Civil Operations Team Leader Design and Airport Director Planning and Development Services

Power or Duty

Pursuant to the provisions of Section 5.42 of the Local Government Act 1995 and Part 2 of the City of Bunbury Parking and Parking Facilities Local Law, Council delegate responsibility to the Chief Executive Officer to erect, alter or remove parking related signs and road markings.

Conditions

Nil

Statutory Framework

Sections 3.18 and 5.42 Local Government Act 1995 City of Bunbury Parking and Parking Facilities Local Laws

Policy

N/A

Adoption and Review


8 July 2014 Council Decision 232/14 13 December 2016 30 June 2017

Amendments


23 June 2015 This delegation is amended to include authority to erect, alter or remove parking relating signs and road markings. The title has also been changed to more accurately represent the delegation.




Financial Management

Delegation

Reference DAFM01

Subject Payments from Municipal and Trust Funds

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Finance Manager Governance Team Leader Financial Accounting

Power or Duty

Pursuant to Section 5.42 of the Local Government Act 1995 and in accordance with Section 13 of the Local Government Financial Management Regulations 1996, the Chief Executive Officer is delegated authority to approve payments from the Municipal and Trust Funds and to operate those funds and certify accounts.

Conditions

• Electronic Funds Transfer (EFT) transactions require dual authorisation of payments before transmission. • A list of accounts paid by EFT for the month being presented to the next ordinary meeting of the Council in accordance with Regulation 13(2) of the Local Government (Financial Management) Regulations 1996.

Statutory Framework

Section 5.42 Local Government Act 1995 Section 13 Local Government Financial Management Regulations 1996

Policy

N/A

Adoption and Review





Amendments


23 June 2015 This delegation is a combination of two existing delegations (DAFM2 – Payments from Municipal and Trust Funds and DAFM5 – Payment of Accounts by Electronic Funds Transfer).




Delegation

Reference DAFM02

Subject Release of Bank Guarantees

Delegated by

Council

Delegates

CEO

Subdelegates

Director Works and Services Manager Finance Team Leader Financial Accounting Manager Governance Director Planning and Development Services

Power or Duty

Pursuant to Section 5.42 of the Local Government Act 1995 Council delegates its authority to the Chief Executive Officer to release a Bank Guarantee in accordance with associated conditions.

Conditions

Nil

Statutory Framework


Policy

N/A

Adoption and Review


17 July 1990 1990 13 December 2016 30 June 2017

Amendments


23 June 2015 This delegation is amended to remove the word accept and replace with release.




Delegation

Reference DAFM03

Subject Investment of Council Funds

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Finance Manager Governance Team Leader Financial Accounting

Power or Duty

Pursuant to Section 6.14 of the Local Government Act 1995 and section 18 of the Trustees Act 1962, Council delegates its authority to the Chief Executive Officer to invest Council’s funds in authorised investments being term deposits with Australia’s four (4) major banks: Commonwealth, ANZ, National, Westpac and the following two (2) additional banks, Bankwest and Bendigo Bank.

Conditions

Nil

Statutory Framework

Sections 5.42 and 6.14 Local Government Act 1995 Section 18 Trustees t Act 1962

Policy

N/A

Adoption and Review



Amendments


23 June 2015 Delegation is amended to provide authority to invest Council funds in term deposits in two (2) additional banks; Bankwest and Bendigo.




Delegation

Reference DAFM04

Subject Write off of Moneys

Delegated by

Council

Delegates

CEO

Subdelegates

Director Works and Services Director Corporate and Community Services Manager Finance Director Planning and Development Services

Power or Duty

Pursuant to the provisions of section 6.12 of the Local Government Act 1995 the Chief Executive Officer is delegated authority to write off or waive fees and charges, infringements and moneys due to the City that are considered unrecoverable or where circumstances warrant.

Conditions

• All the necessary measures have been taken to recover the debt. • The debt remained unpaid for a minimum period of 90 days after its due date for payment. • A limit of $1,000 with respect to individual debt write-offs. • A list of debts written off under this authority be presented to Council on a quarterly basis.

Statutory Framework


Policy

Directors have authority where applicable to individual directorate only.

Adoption and Review





Amendments


23 June 2015 Two conditions within this delegation are proposed to be amended. The first is a decrease to the limit of individual debt write-off from $5,000 to $1,000, and the second is the list of debts written off under this authority are to be presented to council quarterly, instead of annually.




General

Delegation

Reference DAG01

Subject Power to Accept Tenders

Delegated by

Council

Delegates

CEO

Subdelegates

N/A

Power or Duty

Pursuant to Section 3.57 of the Local Government Act 1995 and Regulations 11 to 24 of the Local Government (Functions and General) Regulations 1996 (‘the Regulations’), Council delegates its authority to the Chief Executive Officer to accept tenders received up to $250,000 (Council Decision 266/13) and up to $500,000 (Council Decision 186/11) where a tender for the supply of products or services is procured through the Western Australian Local Government (WALGA), State of Commonwealth Governments or any of its agencies that provide preferred supplier contracts or agreements. The Chief Executive Officer is also delegated authority to undertake negotiations pursuant to regulation 20 of the Regulations with the person who in his opinion submitted the most advantageous tender, with the purpose of variation in respect of the required works or goods.

Conditions

The Chief Executive Officer is to provide quarterly advice on all tenders accepted over $250,000. Where the goods or services so procured contain options to extend the Contract for a further period(s), the delegated amounts shall be applied per annum to a maximum value not exceeding $750,000 excluding GST.

Statutory Framework

Section 3.57 Local Government Act 1995. Regulations 11-24 Local Government (Functions and General) Regulations 1996

Policy

N/A

Adoption and Review





Amendments


23 August 2011 1. The CEO’s Delegated Authority be increased to $500,000 where a tender for the supply of products or services is procured through the Western Australia Local Government Association (WALGA), State or Commonwealth Governments or any of its agencies that provide preferred supplier contracts or agreements. 2. The CEO is to provide quarterly advice on all tenders accepted over $100,000.


27 August 2013 CEO to accept tenders received up to $250,000 Council Decision 266/13

18 March 2014 Add a new condition that reads: Price variation approvals are limited to 10% of the contract price.


23 June 2015 This delegation is amended to remove the condition which states: “Each delegated officer’s capacity to approve an original tender and/or variation is set at according to the schedule of purchasing limits”.




Delegation

Reference DAG02

Subject Contract Price Variations

Delegated by

Council

Delegates

CEO

Subdelegates

Director Works and Services Director Corporate and Community Services Director Planning and Development Services

Power or Duty

Pursuant to the provisions of Section 5.42 of the Local Government Act 1995 and part 4 of the Local Government (Functions and General) Regulations 1996 (‘the Regulations’) the Chief Executive Officer is Delegated Authority to approve price variations for an approved contract subject to sufficient funds being available within the approved expenditure budget for that project or line item.

Conditions

Each delegated officer’s capacity to approve a variation to a contract is limited to 10% of the contract value, or the value of their purchasing authority, whichever is the lesser amount (to a maximum of $50,000).

Statutory Framework

Section 5.42 Local Government Act 1995 Part 4 Local Government (Functions and General Regulations) 1996

Policy

N/A

Adoption and Review


21 December 1999 Council Decision 662/99 11 July 2017 30 June 2018



Amendments


8 July 2014 Second condition (price variations) to reference a maximum amount of $50,000 excluding GST or 10% of the contract value, whichever is the greater amount.


13 December 2016 This delegation is amended to clearly identify a delegated officer’s financial capacity to approve a variation to approved contracts.


11 July 2017 The current level of delegation for contract price variations is considered inadequate given the high value of some projects currently underway. The condition limits variations to: "Each delegated officer’s capacity to approve a variance to a contract is limited to 10% of their purchasing authority in accordance to the schedule of purchasing. Price variations are limited to a maximum amount of $10,000 excluding GST or 10% of the contract value, whichever is the greater amount." Council's decision amends the condition to now read: "Each delegated officer’s capacity to approve a variation to a contract is limited to 10% of the contract value, or the value of their purchasing authority, whichever is the lesser amount (to a maximum of $50,000)."




Delegation

Reference DAG03

Subject Liquor Licensing Extended Trading Permits

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Environmental Health Director Planning and Development Services

Power or Duty

Pursuant to the provisions of the Liquor Control Act 1988 the Chief Executive Officer is delegated the authority to approve or provide comment on applications for Extended Trading Permits.

Conditions

The authority does not extend to use of the power to approve or refuse an application which is a first-time request for an Extended Trading Permit.

Statutory Framework

Liquor Control Act 1988

Policy

N/A

Adoption and Review



Amendments

Nil



Delegation

Reference DAG04

Subject Tender Variations

Delegated by

Council

Delegates

CEO

Subdelegates


Power or Duty

Pursuant to the provisions of Section 5.42 of the Local Government Act 1995 and part 4 of the Local Government (Functions and General) Regulations 1996 (‘the Regulations’) the Chief Executive Officer is delegated authority to authorise variations to tender specifications which will alter the price of tender, once the tender advertising period has closed.

Conditions

Each delegated officer’s capacity to approve an original tender and/or variation is set according to the schedule of purchasing limits.

Statutory Framework

Section 5.42 Local Government Act 1995 Part 4 Local Government (Functions and General) Regulations 1996

Policy

N/A

Adoption and Review


17 September 1998 1998 13 December 2016 30 June 2017

Amendments


23 June 2015 Delegation is amended by virtue of some minor wording changes to clarify that the authority is for variations to tender specifications which will alter the price of tender, once the tender advertising period has closed.




Delegation

Reference DAG05

Subject City of Bunbury Art Collection – Purchase and Disposal of Artworks

Delegated by

Council

Delegates

CEO

Subdelegates

N/A

Power or Duty

Pursuant to the provisions of Section 5.42 of the Local Government Act 1995, the Chief Executive Officer is delegated the authority to purchase and dispose of artworks up to the value of the Annual Budgetary Line item allocation (purchases), or $5,000 per item (disposals).

Conditions

Nil

Statutory Framework


Policy

N/A

Adoption and Review


13 April 2004 Council Decision 91/04 13 December 2016 30 June 2017

Amendments


18 March 2014 Amend to remove the reference to the Art Collection Management Committee.




Health

Delegation

Reference DAH01

Subject Discharge of Powers – Section 26 of the Health Act 1911

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Environmental Health

Power or Duty

In accordance with the powers contained within Section 26 of the Health Act 1911 (as amended), the City of Bunbury hereby appoints its Chief Executive Officer and Manager Environmental Health to be its deputies and in that capacity to exercise and discharge all or any of the powers and functions of the local government as provided for in the Health Act 1911 (as amended) in regard to Part IV Division 4 Sanitary Provisions, Part V Dwellings, Part VI Public Buildings, Part VIIA Animal Produce, Drugs, Medicines, Disinfectants, Therapeutic Substances and Pesticides and Part IX Infectious Diseases. Note: Please read in conjunction with DAH07 Discharge of Powers – Food Act 2008.

Conditions

Nil

Statutory Framework

Section 26 Health Act 1911 in regard to Part IV Division 4 Sanitary Provisions, Part V Dwellings, Part VI Public Buildings, Part VIIA Animal Produce, Drugs, Medicines, Disinfectants, Therapeutic Substances and Pesticides and Part IX Infectious Diseases

Policy

N/A

Adoption and Review





Amendments


23 June 2015 Delegation amended by virtue of some minor wording changes and correct referencing of legislation.




Delegation

Reference DAH02

Subject Treatment of Sewage and Disposal of Effluent and Liquid Waste

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Environmental Health Team Leader Environmental Health Environmental Health Officers

Power or Duty

Pursuant to the provisions of Section 26 of the Health Act 1911, the City of Bunbury hereby appoints and authorises the Chief Executive Officer and Environmental Health Officers to exercise and discharge the powers and functions conferred on local government, for the purpose of regulations 4 and 10(2) of the Health (Treatment of Sewage and disposal of Effluent and Liquid Waste) Regulations 1974.

Conditions

Nil

Statutory Framework

Section 26 Health Act 1911 Regulations 4 and 10 (2) Health (Treatment of Sewage and disposal of Effluent and Liquid Waste) Regulation 1974.

Policy

N/A

Adoption and Review



Amendments

Nil



Delegation

Reference DAH03

Subject Caravan Parks and Camping Grounds

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Environmental Health Team Leader Environmental Health Environmental Health Officers Rangers/Fire Control Officers Manager Community Law, Safety and Emergency Management Team Leader Ranger Operations

Power or Duty

Pursuant to the provisions of Section 23(11) of the Caravan Parks and Camping Grounds Act 1995, the City of Bunbury hereby authorises its Environmental Health Officers (except the Manager Environmental Health) and Rangers for the purpose of subsection (2). Pursuant to the provision of Section 23(11) of the Caravan Parks and Camping Grounds Act 1995, the City of Bunbury hereby authorises its Chief Executive Officer and Manager Environmental Health for the purpose of subsections (3), (5) and (7).

Conditions

Nil

Statutory Framework

Section 23(11) Caravan Parks and Camping Grounds Act 1995

Policy

N/A

Adoption and Review





Amendments

Nil



Delegation

Reference DAH04

Subject Caravan Parks and Camping Ground Regulations

Delegated by

Council

Delegates

CEO Manager Environmental Health Environmental Health Officers Manager Community Law, Safety and Emergency Management Team Leader Ranger Operations Rangers/Fire Control Officers Team Leader Environmental Health

Subdelegates

N/A

Power or Duty

Pursuant to the provisions of Section 17(1)(a) of the Caravan Parks and Camping Grounds Act 1995 and Caravan Parks and Camping Grounds Regulations 1997, the City of Bunbury hereby appoints its Chief Executive Officer and Environmental Health Officers and Rangers to be authorised for the purposes of the aforementioned Act and Regulations and to carry out the functions conferred on the City of Bunbury by the Regulations.

Conditions

Nil

Statutory Framework

Section 17(1)(a) Caravan Parks and Camping Grounds Act 1995 Caravan Parks and Camping Grounds Regulations 1997

Policy

N/A

Adoption and Review



Amendments

Nil



Delegation

Reference DAH05

Subject Section 39 and Section 40 Certificates

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Environmental Health Manager Sustainability, Planning and Development Team Leader Development Assessment and Compliance Team Leader Environmental Health Director Planning and Development Services

Power or Duty

To satisfy requests made from time to time by the Department of Racing, Gaming and Liquor in their pursuit of the provisions of the Liquor Control Act 1988, Council authorises the Chief Executive Officer to sign: • Certificates of a Local Government (Section 39), and • Certificates of a Local Planning Authority (Section 40). Explanation: Section 39 and Section 40 Certificates document the level of compliance premises have with the Health Act 1911, any written law relating to the sewerage or drainage of those premises, the Local Government Act 1995, the Food Act 2008, the Building Act 2011 and any written laws relating to planning, including the Local Planning Scheme.

Conditions

Nil

Statutory Framework

Section 39 & 40 Liquor Control Act 1988 Health Act 1911 Health (Public Buildings) Regulations 1992 Food Act 2008 Local Government (Miscellaneous Provisions) Act 1960 Building Act 2011 Planning and Development Act 2005 Local Planning Scheme

Policy

N/A



Adoption and Review


3 February 2004 Council Decision 02/04 13 December 2016 30 June 2017

Amendments




8 December 2015 This delegation is amended to reflect the correct title of the Department of Racing Gaming and Liquor and the Liquor Control Act 1988. In the explanation note, the words “including the Local Planning Scheme” have been included and the legislation reference amended to accurately reflect the Liquor Control Act 1998.




Delegation

Reference DAH06

Subject Section 55 Certificates

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Environmental Health Manager Sustainability, Planning and Development Team Leader Development Assessment and Compliance Director Planning and Development Services

Power or Duty

To satisfy requests made from time to time by the Department of Racing, Gaming and Liquor in their pursuit of the provisions of the Gaming and Wagering Commission Act 1987, Council authorises the Chief Executive Officer to sign Certificates of a Local Government (Section 55 Certificates). Explanation: Section 55 Certificates serve to provide advice that those parts of a premises subject to applications for gaming activities conform with the Health Act 1911, to the relevant Act relating to sewerage and drainage and to any subsidiary legislation made under those Acts or the Local Government Act 1995 and any written laws relating to planning, including the Local Planning Scheme.

Conditions

Nil

Statutory Framework

Section 55 Certificates Gaming and Wagering Commission Act 1987 Health Act 1911 Health (Public Buildings) Regulations 1992 Local Government Act 1995 Building Act 2011 Planning and Development Act 2005 Local Planning Scheme

Policy

N/A

Adoption and Review





Amendments




8 December 2015 This delegation is amended to reflect the correct title of the Department of Racing Gaming and Liquor. The words “any written laws relating to planning, including the Local Planning Scheme” have been included in the explanation note.




Delegation

Reference DAH07

Subject Discharge of Powers (Food Act 2008)

Delegated by

Council

Delegates

CEO Manager Environmental Health

Subdelegates

N/A

Power or Duty

Pursuant to sections 118(2)(b), 118(3) and 118(4) of the Food Act 2008, the City of Bunbury (enforcement agency) delegates authority to: The Chief Executive Officer to: • Appoint authorised officers in accordance with section 122(1) of the Food Act 2008. • Appoint meat inspectors as authorised officers in accordance with section 122(1)(a) of the Food Act 2008. • Issue certificates of authority to authorised officers in accordance with Section 123(1) and 123(2) of the Food Act 2008. • Appoint designated officers to issue infringement notices in accordance with Section 126(2) of the Food Act 2008. • Appoint designated officers to receive payment from infringement notices under Section 126(3)(c) of the Food Act 2008. • Appoint designated officers to extend and revoke ‘infringement notices; in accordance with sections 126(6) and 126 (7) of the Food Act 2008. The Manager Environmental Health Services (Authorised Officer) to: • Issue ‘prohibition notices’ in accordance with Section 65 of the Food Act 2008. • Clear and remove ‘prohibition notices’ in accordance with Section 66 of the Food Act 2008. • Provide written notification not to issue a certificate of clearance in accordance with Section 67 of the Food Act 2008. • Grant, apply conditions, refuse, vary or cancel registration of a food business in accordance with the Sections 110 and 112 of the Food Act 2008.

Conditions

• Meat Inspectors employed with the City of Bunbury as Authorised Officers cannot undertake any enforcement activity under the Food Act 2008 on behalf of the City. • Authorisation to designated officers to ‘extend and revoke’ infringement notices limited to Manager Environmental Health Services and Director Planning, Development and Regulatory Services only.

Statutory Framework

Sections 65, 66, 67, 110, 112, 122, 123 and 126 Food Act 2008

Policy



N/A

Adoption and Review



Amendments


23 June 2015 Delegation is amended by virtue of some minor wording changes. Council Decision 219/15

13 December 2016 This delegation is amended to clearly identify the functions being delegated and to whom. Section 118(4) of the Food Act 2008 states sub delegation is only permissible if expressly provided in regulations and the Food Regulations 2009 do not provide for sub-delegation. This delegation provides the CEO with the authority to appoint authorised and designated officers in accordance with the Food Act 2008.




Delegation

Reference DAH08

Subject Public Health Act 2016 and Criminal Procedure Act 2004

Delegated by

Council

Delegates

CEO

Subdelegates

N/A

Power or Duty

1. To designate a person or class of persons as authorised officers for the purposes and provisions of the Public Health Act 2016; and 2. To designate a person or class of persons as Authorised Officers or Approved Officers for the purposes of Part 2 of the Criminal Procedure Act 2004.

Conditions

Nil

Statutory Framework

Statutory Power being delegated: Section 24 Public Health Act 2016 (Designation of authorised officers) and Part 2, 2004 Criminal Procedure Act 2004 (Dealing with alleged offenders without prosecuting them) Statutory Power of Delegation: Section 21 Public Health Act 2016 (Enforcement agency may delegate) and Regulation 15D(5) Health (Asbestos) Regulations 1992 (Infringement Notices)

Policy

N/A

Adoption and Review


24 January 2017 Council Decision 21/17 --- 30 June 2018

Amendments

Nil



Operations

Delegation

Reference DAO01

Subject Thoroughfare Submissions

Delegated by

Council

Delegates

CEO

Subdelegates

Director Works and Services Director Planning and Development Services

Power or Duty

Pursuant to sections 5.42 and 3.50(1a) and (4) of the Local Government Act, Council delegates its authority to the Chief Executive Officer who may, after providing public notice of its intention and reasons, inviting submissions and then considering submissions, order a thoroughfare to be wholly or partially closed to vehicles for a period exceeding 4 weeks.

Conditions

Nil

Statutory Framework

Sections 5.42, 3.50(1a) and (4) Local Government Act 1995

Policy

N/A

Adoption and Review


11 May 1999 Council Decision 244/99 13 December 2016 30 June 2017

Amendments


23 June 2015 This delegation is amended to reflect the wording recommended by the Department of Local Government.




Delegation

Reference DAO02

Subject Purchase and Trade of Fleet Vehicles

Delegated by

Council

Delegates

CEO

Subdelegates

Director Works and Services Manager Governance

Power or Duty

Pursuant to the provisions of Section 5.42 of the Local Government Act 1995 and Part 6 of the Local Government Functions and General Regulations 1996, Council delegates its authority to the Chief Executive Officer to trade existing fleet vehicles and purchase new fleet vehicles from motor vehicle suppliers to ensure the City’s business needs are met for different work areas, based on prices equal to or better than prices listed in the State Governments Contract and Management Services (CAMS) listing for the supply of motor vehicles.

Conditions

Nil

Statutory Framework

Section 5.42 Local Government Act 1995 Part 6 Local Government Functions and General Regulations 1996

Policy

N/A

Adoption and Review



Amendments

Nil



Delegation

Reference DAO03

Subject Sale of Subdivisional Land

Delegated by

Council

Delegates

CEO

Subdelegates

N/A

Power or Duty

Pursuant to Sections 5.42, 5.43 and 3.58(1) of the Local Government Act 1995, Council delegates its authority to the Chief Executive Officer to approve the sale of subdivisional land and appoint Real Estate Agents (who are members of REIWA) to market and sell Council land subdivisions where the sale price is under $1,000,000 per lot.

Conditions

Nil

Statutory Framework

Sections 3.58(1), 5.42 and 5.43 Local Government Act 1995

Policy

N/A

Adoption and Review


4 November 1996 1996 13 December 2016 30 June 2017

Amendments


18 March 2014 Amend to remove any reference to the value of commission, and increase the value of the sale price from $500,000 to $1 million.




Delegation

Reference DAO04

Subject Conditions of Property Leases

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Governance Manager Major Projects

Power or Duty

Pursuant to the provisions of Section 5.42 and 3.58 of the Local Government Act 1995 the Chief Executive Officer is delegated authority to negotiate the terms and conditions of property leases for referral to Council.

Conditions

Settled terms and conditions to be presented to the Council for endorsement as soon as possible.

Statutory Framework


Policy

N/A

Adoption and Review



Amendments


23 June 2015 This delegation is amended to reflect correct references to legislation. Council Decision 219/15



Delegation

Reference DAO05

Subject Closure of Private Right of Way

Delegated by

Council

Delegates

CEO

Subdelegates

Director Works and Services Director Planning and Development Services

Power or Duty

Pursuant to the provisions of Part 4, section 52 of the Land Administration Act 1997 the Chief Executive Officer is delegated authority in respect of consideration of Applications to Close a Private Right of Way.

Conditions

Nil

Statutory Framework

Part 4, Section 52 Land Administration Act 1997

Policy

N/A

Adoption and Review



Amendments


23 June 2015 Delegation is amended to reflect correct references to legislation. Council Decision 219/15



Delegation

Reference DAO06

Subject Authority to Serve Notices to Owners or Occupiers of Land

Delegated by

Council

Delegates

CEO

Subdelegates

Director Works and Services Manager Engineering and Civil Operations Manager Community Law, Safety and Emergency Management Team Leader Ranger Operations Rangers/Fire Control Officers Manager Environmental Health Director Planning and Development Services

Power or Duty

Pursuant to the provisions of sections 5.42 and 3.25(1) of the Local Government Act 1995 the Chief Executive Officer is delegated authority to give an occupier a notice requiring them to do something to land if it is specified in Schedule 3.1. If the occupier is not the owner, the owner must also be informed. The notice may be for such issues as:. • Preventing water from dripping or running from a building • Placing a street number in a prominent place • Ensuring that unsightly land is either enclosed or where it is considered untidy having such materials or rubbish removed • Taking steps for preventing or minimising danger to the public or damage to property, which might arise from cyclone activity. • The granting and imposing of conditions for persons or agencies undertaking works in the street; • Apportion responsibility of the cost of road and footpath reinstatement resulting from works undertaken by other persons or agencies in accordance with section 3.26 of the Local Government Act 1995 and 33c of the Main Roads Act 1930.

Conditions

Nil

Statutory Framework

Sections 5.42, 3.25(1), 3.26 and Schedule 3.1 Local Government Act 1995 Section 33c Main Roads Act 1930

Policy

N/A



Adoption and Review



Amendments


23 June 2015 Existing delegations DAO2 – Apportion Responsibility of Costs From Works in the Street and DACL13 – Issuing of Notices to Owner/Occupiers have been amalgamated into DAO8 – Authority to Serve Notices to Owners or Occupiers of Land.




Delegation

Reference DAO07

Subject Authority to Sell, Lease or Dispose of Plant, Equipment and Materials

Delegated by

Council

Delegates

CEO

Subdelegates


Power or Duty

Pursuant to the provisions of sections 5.42 and 3.58 of the Local Government Act 1995, the Chief Executive Officer is delegated authority to sell, lease, or otherwise dispose of, whether absolutely or not, plant, equipment and materials, which are no longer required for the Council’s purposes.

Conditions

• • Subject to the value of the asset being no greater than $50,000. This value is hereby established in accordance with Section 5.43(d) of the Local Government Act 1995. • A disposition that is described in Regulation 30 of the Local Government (Functions and General) Regulations 1996 as an exempt disposition is excluded from the application of Section 3.58 of the Act and condition above.

Statutory Framework

Sections 3.58, 5.42, 5.43(d) Local Government Act 1995 Regulation 30 Local Government (Functions and General) Regulations 1996

Policy

N/A

Adoption and Review





Amendments


18 March 2014 Increase the value of the asset in the first condition from $30,000 to $50,000.


23 June 2015 This delegation is amended by virtue of some minor wording changes. Council Decision 219/15



Delegation

Reference DAO08

Subject Determine Applications and Apply Conditions to Matters Relating to Road Reserves

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Community Law, Safety and Emergency Management Team Leader Community Safety and Emergency Management Rangers/Fire Control Officers Director Works and Services Manager Engineering and Civil Operations Team Leader Parking Operations Team Leader Ranger Operations

Power or Duty

Pursuant to Section 5.42, Schedule 9.1 and Clause 5(1) of the Local Government Act and Regulation 9 of the Local Government (Uniform Local Provisions) Regulation 1996 and the Mains Road Act 1930, Council delegates its authority to the Chief Executive Officer to determine applications and apply conditions to matters connected with road reserves, such as, but not limited to: • Bus Shelters • Footpaths / Disposal of Second Hand Slabs • Temporary Vehicle Crossing Places • Temporary Road Closures • Excavation of Road Pavements • Excavation - Requirement to Fill or Fence • Street Lighting • Obstructions • Gate Across Public Thoroughfare • Notice of Works to Take Place • Signs

Conditions

Nil

Statutory Framework

Section 5.42, Schedule 9.1 Clause 5(1) Local Government Act 1995 Regulation 9, Local Government (Uniform Local Provisions) Regulations 1996 Section 33c Main Roads Act 1930

Policy

N/A



Adoption and Review



Amendments






Delegation

Reference DAO09

Subject Disposal of property (land)

Delegated by

Council

Delegates

CEO

Subdelegates

N/A

Power or Duty

To dispose of property (land)

Conditions

(a) the property (land) is to be valued at $500,000 or less; (b) the final consideration is to be greater than, or within 5% of the formal valuation; and (c) the disposal provisions of section 3.58 of the Local Government Act 1995 will continue to apply.

Statutory Framework

Statutory Power being Delegated: Section 3.58 Local Government Act 1995 (Disposing of property) Statutory Power of Delegation: Sections 5.42 and 5.43(d) Local Government Act 1995 (Delegation of some powers or duties to the CEO, Limitations on delegations to the CEO)

Policy

Council Policy - Land Rationalisation and Acquisitions

Adoption and Review


21 February 2017 Council Decision 58/17 21 February 2017 30 June 2018

Amendments

Nil



Planning and Development

Delegation

Reference DASP01

Subject Notification on Land Title

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Sustainability, Planning and Development Team Leader Development Assessment and Compliance Director Works and Services Development Engineer Director Planning and Development Services

Power or Duty

Pursuant to the provisions of the Local Planning Scheme, Schedule 2 - deemed provisions for local planning schemes under the Planning and Development (Local Planning Schemes) Regulations 2015 and the Planning and Development (Local Planning Schemes) Amendment Regulations 2015, the Chief Executive Officer is delegated the authority to cause a notification of proprietors or prospective proprietors of land to be made aware of a factor or factors affecting the use or enjoyment of the land or part of the land in accordance with section 70A of the Transfer of Land Act 1893, in relation to determining applications for planning approval in accordance with the Local Planning Scheme and Local Planning Policies.

Conditions

Nil

Statutory Framework

Section 70A Transfer of Land Act 1893 Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 Planning and Development (Local Planning Scheme) Amendment Regulations 2015 Local Planning Scheme Local Planning Policies

Policy

N/A



Adoption and Review



Amendments


23 June 2015 Delegation is amended to include reference to local planning policies. Council Decision 219/15

8 December 2015 This delegation is amended to include reference to the Local Planning Scheme, as per the Planning and Development (Local Planning Schemes) Regulations 2015.


13 December 2016 This delegation was originally titled “Flood Prone Land” but on review by officers, and pursuant to the provisions of the Schedule 2 Planning and Development Regulations 2015, it has been reworded to clearly identify the function of the local government when determining applications for planning approval, to notify proprietors and prospective proprietors of land under section 70A Transfer of Land Act 1893, of all factors affecting the use or enjoyment of the land, and not just flood prone land.




Delegation

Reference DASP02

Subject Notifications on Land Title (Applications for Built Strata Subdivision)

Delegated by

Council

Delegates

CEO

Subdelegates

Team Leader Development Assessment and Compliance Manager Sustainability, Planning and Development Development Engineer Director Planning and Development Services

Power or Duty

Pursuant to the provisions of section 165 of the Planning and Development Act 2005, the Chief Executive Officer is delegated the authority to cause a notification of owners or prospective owners of land to be made aware of hazards or other factors seriously affecting the use or enjoyment of that land, in accordance with section 70A of the Transfer of Land Act 1893, in relation to determining applications for built strata subdivision in accordance with the Planning and Development Act 2005, State Planning Policies, Local Planning Scheme and Local Planning Policies.

Conditions

Nil

Statutory Framework

Section 165 Planning and Development Act 2005 Section 70A Transfer of Land Act 1893 Schedule 2 Planning and Development (Local Planning Schemes) Regulations 2015 Planning and Development (Local Planning Schemes) Amendment Regulations 2015 Local Planning Scheme Local Planning Policies

Policy

N/A

Adoption and Review


13 December 2016 Council Decision 444/16 --- 30 June 2017

Amendments

Nil



Delegation

Reference DASP03

Subject Development Applications

Delegated by

Council

Delegates

CEO

Subdelegates

Team Leader Development Assessment and Compliance Manager Sustainability, Planning and Development Senior Planning Officer Director Planning and Development Services

Power or Duty

To determine applications for development approval subject to the Local Planning Scheme and section 68 (2)(a) and (b) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Conditions

Nil

Statutory Framework

Planning and Development Act 2005 Planning and Development (Local Planning Schemes) Regulations 2015 Local Planning Scheme

Policy

N/A

Adoption and Review





Amendments


18 March 2014 Amend to include reference to “AA” use. Council Decision 89/14

23 June 2015 Delegation is amended to correct scheme text referencing. Council Decision 219/15

8 December 2015 This delegation has been reworded to accurately reflect the intention of the power and duty, and also includes updated legislation reference as per the Planning and Development (Local Planning Schemes) Regulations 2015.




Delegation

Reference DASP04

Subject Local Planning Scheme and Local Planning Policy Compliance

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Sustainability, Planning and Development Team Leader Development Assessment and Compliance Director Planning and Development Services

Power or Duty

Pursuant to the provisions of section 5.42 (1)(b) of the Local Government Act 1995 and the Local Planning Scheme, the Chief Executive Officer is delegated the authority to initiate action in accordance with section 214 (2), (3) or (5) of the Planning and Development Act 2005 to ensure compliance. Pursuant to the provisions of section 82, Part 10 of the Planning and Development (Local Planning Scheme) Regulations 2015, the Chief Executive Officer is delegated authority to initiate action in accordance with section 13, Part 3, and section 80, Part 10 of the Planning and Development (Local Planning Scheme) Regulations 2015 to ensure compliance.

Conditions

Nil

Statutory Framework

Local Planning Scheme Section 5.42 (1)(b) Local Government Act 1995 Section 214 (2), (3) or (5) Planning and Development Act 2005 Sections 80 and 82 Part 10, Section 13 Part 3 Planning and Development (Local Planning Scheme) Regulations 2015 Local Planning Policies

Policy

N/A

Adoption and Review





Amendments


23 June 2015 Delegation is amended to include the words Local Planning Policies in the Title and Power/Duty.


8 December 2015 This delegation was originally titled Town Planning Scheme No. 7 and Local Planning Policy Compliance. The delegation title and power and duty are amended to reflect the correct legislation reference as per the Planning and Development (Local Planning Schemes) Regulations 2015, the Local Government Act 1995 and the Planning and Development Act 2005.




Delegation

Reference DASP05

Subject Residential Design Codes

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Sustainability, Planning and Development Team Leader Development Assessment and Compliance Senior Planning Officer Planning Officer(s) Building Surveyor Team Leader Building Certification Director Planning and Development Services

Power or Duty

Pursuant to the provisions of the Local Planning Scheme and the provisions of State Planning Policy 3.1 Residential Design Codes (as amended), the Chief Executive Officer is delegated the authority to determine applications relating to and including additions to single houses, multiple dwellings, ancillary dwellings and group dwellings which may include determination of setback variations.

Conditions

Nil

Statutory Framework

Local Planning Scheme State Planning Policy 3.1 Residential Design Codes 2010 Local Planning Policies Planning and Development (Local Planning Scheme) Regulations 2015 Planning and Development Act 2005

Policy

N/A

Adoption and Review





Amendments


8 July 2014 Amend the wording within Power/Duty to reference current legislation, namely Residential Design Codes 2010.


23 June 2015 This existing delegation (Residential Setback Variations) is combined with DASP7 – Residential Design Codes 2010, to include determination of applications relating to single houses, multiple dwellings, ancillary dwellings and group dwellings which may include determination of setback variations, pursuant to Town Planning Scheme No. 7, Residential Design Codes 2010 and relevant Local Planning Policies.


8 December 2015 This delegation is amended to reflect the correct legislation reference as per the Planning and Development (Local Planning Schemes) Regulations 2015.




Delegation

Reference DASP06

Subject Reserve Administration

Delegated by

Council

Delegates

CEO

Subdelegates

Director Works and Services Manager Engineering and Civil Operations

Power or Duty

Pursuant to the provisions of clause 11.3 City of Bunbury Town Planning Scheme No. 7, Land Administration Act 1997 and Land Administration Regulations 1998, the Chief Executive Officer is delegated authority to approve any reserve administration matters which do not expressly require a resolution of Council including such matters as closures of pedestrian access ways, public right of ways, private right of ways, leasing of reserves, modifications to reserve areas and accepting or surrendering management orders.

Conditions

Nil

Statutory Framework

Clause 11.3 City of Bunbury Town Planning Scheme No. 7 Section 58, Land Administration Act 1997 Land Administration Regulations 1998

Policy

N/A

Adoption and Review



Amendments


23 June 2015 Delegation is amended to reflect correct referencing of the City’s Town Planning Scheme.




Delegation

Reference DASP07

Subject Planning and Development Act 2005 - Enforcement and Legal Proceedings

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Sustainability, Planning and Development Team Leader Development Assessment and Compliance Compliance Officer Director Planning and Development Services

Power or Duty

Pursuant to the provisions of section 234 of the Planning and Development Act 2005, the City of Bunbury hereby authorises its Compliance Officer for the purposes of section 228 – to give an infringement notice to an alleged offender, where the officer has reason to believe a person has committed a prescribed offence as listed in section 42, Part 5 of the Planning and Development Regulations 2009. Pursuant to the provisions of section 234 of the Planning and Development Act 2005, the City of Bunbury hereby authorises its Chief Executive Officer, Manager Sustainability Planning and Development and Team Leader Development Assessment and Compliance for the purposes of sections 229, 230 or 231 or for the purposes of 2 or more of those sections.

Conditions

Nil

Statutory Framework

Sections 228, 229, 230, 231 and 234 Planning and Development Act 2005 Section 42, Part 5 Planning and Development Regulations 2009

Policy

N/A

Adoption and Review





Amendments


23 June 2015 Delegation is amended to reflect correct referencing of legislation. Council Decision 219/15

8 December 2015 The original delegation is a duplication of DASP03 Local Planning Scheme and Local Planning Policy Compliance and the proposed delegation provides authorisation to issue infringements where there is reason to believe that a person has committed a prescribed offence in accordance with sections 214, 218, 220 and 221 of the Planning and Development Act 2005. The power and duty also includes authorised officers the authority to extend the time to pay the penalty and withdraw the infringement notice.




Statutory Delegations to Local Government from External Agencies

Delegation

Reference DASD01

Subject Western Australian Planning Commission (Clause 27 Greater Bunbury Region Scheme Development Approvals)

Delegated by

Western Australian Planning Commission

Delegates

CEO Manager Sustainability, Planning and Development Team Leader Development Assessment and Compliance Senior Planning Officer Council Director Planning and Development Services

Subdelegates

N/A

Power or Duty

Published by: Planning GOVERNMENT GAZETTE Western Australia -------------------------------------------------------------------------------- No. 65. 09-May-2014 Page: 1420 PL406 PLANNING AND DEVELOPMENT ACT 2005 Instrument of Delegation DELEGATION POWERS OF LOCAL GOVERNMENTS (GBRS) DEL 2014/01 Delegation to local governments of certain powers and functions of the Western Australian Planning Commission relating to the Greater Bunbury Region Scheme Preamble Unless exempted by clause 25 and 26, under clause 24 of the Greater Bunbury Region Scheme (GBRS), on reserved land, a person must not commence or carry out development unless that person has planning approval. Development on zoned land requires planning approval if it is of a kind or class set out in a resolution of the Western Australian Planning Commission (WAPC) under clause 27 of the GBRS. Parts 7 and 8 of the GBRS sets out the requirements, procedures and functions of the WAPC in relation to the determination of applications for planning approval. Under section 16 of the Planning and Development Act 2005 (the Act) the Western Australian Planning Commission (the WAPC) may, by resolution published in the Government Gazette, delegate any function to a local government, a committee established under the Local Government Act 1995 or an employee of a local government. In accordance with section 16(4) of the Act, a reference in this instrument to a function or a power of the WAPC



includes and extends to, without limitation or restriction, any of the powers, privileges, authorities, discretions, duties and responsibilities vested in or conferred upon the WAPC by the Act or any other written law as the case requires. Resolution under section 16 of the Act (delegation) On 22 April 2014, pursuant to section 16 of the Act, the WAPC RESOLVED-- A TO DELEGATE to local governments, and to members and officers of those local governments, its functions in respect of the determination, in accordance with Parts 7 and 8 of the Greater Bunbury Region Scheme, of applications for approval to commence and carry out development as specified in schedules 1 and 2, within their respective districts, subject to the terms set out in schedule 3; B TO REVOKE its delegation of powers and functions to local governments as detailed in a notice published in the Government Gazette of 20 April 2012 (pages 1717--1722). TIM HILLYARD, Secretary, Western Australian Planning Commission. -------- PLANNING AND DEVELOPMENT ACT 2005 Instrument of Delegation SCHEDULE 1--Development on reserved land delegated to local governments 1. Development on land in a regional road reservation where the local government accepts the recommendation and any advice of the advice agency. 2. Development of private jetties and associated facilities located in an artificial waterway in the waterways reservation. 3. Development on reserved land, which requires planning approval under the GBRS and which is-- (a) Ancillary and incidental development that does not conflict with the purposes of the reservation; and (b) Development where the local government accepts the recommendation and any advice of the public authority responsible for that reserved land. 4. Any extension and/or change to a non-conforming use which requires planning approval under the GBRS and which is one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Department of Planning. (b) Development for which the local government decides to refuse. SCHEDULE 2--Development on zoned land delegated to local governments Applications for development on zoned land, excluding public works undertaken by public authorities-- 1. On land abutting regional open space reservations, development which requires planning approval under the GBRS and which is one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Department of Planning.



(b) Development for which the local government decides to refuse approval under the GBRS. 2. On land abutting a primary regional roads reservation, development which requires planning approval under the GBRS and which is of one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of Main Roads Western Australia. (b) Development for which the local government decides to refuse approval under the GBRS. 3. On land abutting an other regional roads reservation, development which requires planning approval under the GBRS and which is of one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Department of Planning. (b) Development which-- i. complies with an approved access policy pertaining to other regional roads reservations submitted by the local government and endorsed by the WAPC, and ii. is approved subject to conditions requiring compliance with that policy. (c) Development for which the local government decides to refuse approval under the GBRS. 4. On land abutting a port installations, public purposes, railways, state forests or waterways reservation, development of one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the public authority responsible for that reserved land. (b) Development for which the local government decides to refuse approval under the GBRS. 5. On land in the water catchments special control area (SCA No. 1), development which requires planning approval under the GBRS and which is of one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Department of Water and/or the Water Corporation, as the case may be. (b) Development for which the local government decides to refuse approval under the GBRS. 6. On land in the Kemerton industrial zone buffer special control area (SCA No. 2), development which requires planning approval under the GBRS and which is one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Department of State Development and the Environmental Protection Authority. (b) Development for which the local government decides to refuse under approval under the GBRS. 7. On land in the Glen Iris service corridor buffer special control area (SCA No. 3) development which requires planning approval under the GBRS and which is one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Bunbury Port Authority, Department of State Development and the Environmental Protection Authority. (b) Development for which the local government decides to refuse approval under the GBRS.



8. On land in the Wastewater Treatment Plant Odour Buffer special control area (SCA No. 4) development which requires planning approval under the GBRS and which is one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Water Corporation. (b) Development for which the local government decides to refuse approval under the GBRS. 9. Development of one or more of the following kinds which is on land in, adjacent to or in close proximity to the strategic agricultural resource policy area and which requires planning approval under the GBRS-- (a) Development where the local government accepts the recommendation and any advice of the Department of Agriculture and Food. (b) Development for which the local government decides to refuse approval under the GBRS. 10. Development of one or more of the following kinds which is on land in, adjacent to or in close proximity to the strategic minerals and basic raw materials resource policy area and which requires planning approval under the GBRS-- (a) Development where the local government accepts the recommendation and any advice of the Department of Mines and Petroleum. (b) Development for which the local government decides to refuse approval under the GBRS. 11. Development of one or more of the following kinds which is on land partly or wholly within the land subject to the floodplain management policy area and which requires planning approval under the GBRS-- (a) Development where the local government accepts the recommendation and any advice of the Department of Water; (b) Development for which the local government decides to refuse approval under the GBRS. 12. Development in an activity centre which is for shop-retail purposes and which requires planning approval under the GBRS and which is for one or more of the following kinds-- (a) Development generally in accordance with a WAPC endorsed activity centres structure plan; (b) Development for which the local government decides to refuse approval under the GBRS. 13. Development in the rural zone, other than for an animal husbandry-intensive, which requires planning approval under the GBRS and for which the local government decides to refuse approval under the GBRS. 14. Development for an animal husbandry-intensive premises, or for any extension or addition in excess of 100 m2 to the improvements of an existing animal husbandry-intensive premises and which is one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Department of Planning, Department of Agriculture and Food, Department of Health, Department of Environmental Regulation, Department of Parks and Wildlife and/or Environmental Protection Authority. (b) Development for which the local government decides to refuse approval under the GBRS. 15. Any extension and/or change to a non-conforming use which requires planning approval under the GBRS and which is one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Department of



Planning. (b) Development for which the local government decides to refuse. SCHEDULE 3--Terms of delegations to determine development on reserved and zoned land 1. Under clause 36 of the GBRS, an application for planning approval is to be submitted to the local government, which, if the application is to be determined by the WAPC, shall forward it to the WAPC in seven days and make recommendations to the WAPC within 42 days, or such longer period as the WAPC allows. 2. An application for development on reserved land, excluding regional open space, shall be referred within seven days to the public authority responsible for that reserved land for advice and recommendation before being considered by the local government. 3. An application for development on or abutting regional open space reservations, shall be referred within seven days to the Department of Planning for advice and recommendation before being considered by the local government. 4. An application for development in or abutting a primary regional roads reservation shall be referred within seven days to Main Roads Western Australia for advice and recommendation before being considered by the local government. 5. An application for development in or abutting an other regional roads reservation shall be referred within seven days to the Department of Planning for advice and recommendation before being considered by the local government. 6. An application for development abutting a port installations, public purposes, railways, state forests or waterways reservation shall be referred within seven days to the public authority responsible for that reserved land for advice and recommendation before being considered by the local government. 7. An application for development within the water catchments special control area (SCA No. 1) shall be referred within seven days to the Department of Water and/or the Water Corporation for advice and recommendation before being considered by the local government. 8. An application for development in the Kemerton industrial zone buffer special control area (SCA No. 2) shall be referred within seven days to the Department of State Development and the Environmental Protection Authority for advice and recommendation before being considered by the local government. 9. An application for development in the Glen Iris service corridor buffer special control area (SCA No. 3) shall be referred within seven days to the Bunbury Port Authority, Department of State Development and the Environmental Protection Authority for advice and recommendation before being considered by the local government. 10. An application for development in the Wastewater Treatment Plant Odour Buffer special control area (SCA No. 4) shall be referred within seven days to the Water Corporation for advice and recommendation before being considered by the local government. 11. An application for development within, adjacent to or in close proximity to the strategic agricultural resource policy area shall be referred within seven days to the Department of Agriculture and Food for advice and recommendation before being considered by the local government. 12. An application for development in, adjacent to or in close proximity to the strategic minerals and basic raw materials resource policy area shall be referred within seven days to the Department of Mines and Petroleum for advice and recommendation before being considered by the local government. 13. An application for development partly or wholly within the floodplain management policy area shall be referred within seven days to the Department of Water for advice and recommendation before being considered by the local government.



14. An application for an animal husbandry-intensive premises shall be referred to the Department of Planning, Department of Agriculture and Food, Department of Health, Department of Environmental Regulation, Department of Parks and Wildlife and/or the Environmental Protection Authority for advice and recommendation before being considered by the local government. 15. An application for any extension and/or change to a non-conforming use shall be referred within seven days to the Department of Planning for advice and recommendation before being considered by the local government. 16. Where an application is referred to an advice agency for advice and recommendation the agency is to be advised that if no advice or recommendation has been received within thirty days of receipt of the application by the advice agency the application may be determined on the available information; and the WAPC, or delegate of, or a local government acting under delegated power, may determine the application on that basis. 17. Following referral for advice and recommendation, an application which is to be determined by the WAPC shall be forwarded as soon as practicable to the WAPC with the advice and recommendations provided by all the advice agencies consulted together with the advice and recommendation of the local government. 18. Where the recommendation provided by an advice agency specified above is not acceptable to the local government, the application, together with the recommendations provided by all advice agencies consulted and the reasons why the recommendation is not acceptable to the local government, shall be forwarded immediately to the WAPC for determination. 19. Each local government shall report to the WAPC, in the form and manner required by the WAPC, all decisions made under this instrument of delegation. 20. The powers delegated to members and officers of a local government may only be exercised by a member or officer who has been delegated power from the local government to consider and determine applications for approval to commence and carry out development in the local government district under the local planning scheme. SCHEDULE 4--Definitions In this instrument of delegation, words have the meanings given to them in the Act and the GBRS. Unless the context otherwise requires-- 'Abutting' reserved land means the zoned land shares a common boundary with reserved land. 'Access' means entry or exit (or both) from either a road or abutting development by a vehicle. 'Activity centre' means the category of activity centres set out in Table 2 of the Activity Centres for Greater Bunbury Policy, namely-- • City Centre • District Centres • Neighbourhood centres • Special Centres • Town Centres 'Advice agency' means a department, public authority or body which is requested to provide advice and recommendations on applications for planning approval under the GBRS as an agency responsible for reserved land or to which local governments refer applications under the terms of schedule 3. ‘Forward to the WAPC’ and similar expressions mean convey by mail, by hand or electronically to the Bunbury office of



the Department of Planning. ‘Net lettable area’ means the area of all floors within the internal finished surfaces of permanent walls but excludes the following areas— (a) all stairs, toilets, cleaner’s cupboards, lift shafts and motor rooms, tea rooms and plant rooms and other service areas; (b) lobbies between lifts facing other lifts servicing the same floor (c) areas set aside for the provision of facilities or services to the floor or building; (d) areas set aside for the provision of facilities or services to the floor or building where such facilities are not for the exclusive use of occupiers of the floor or building. ‘Non-conforming use’ has the same meaning as it has in the Planning and Development Act 2005 section 172. ‘Not acceptable’ means that the local government wishes the application to be determined in a manner that is inconsistent with the advice and/or recommendation received from the advice agency which the local government was required to consult. ‘Planning approval’ and ‘planning approval under the GBRS’ mean the planning approval of the WAPC as required under the GBRS and by resolution of the WAPC under clause 27 of the GBRS, whether granted by the WAPC or by delegates of the WAPC including committees, officers, local governments and members and officers of local governments. ‘Proximity’ and ‘in close proximity’ mean that the development is, in the opinion of the WAPC or local government, sufficiently close to a policy area for the effects of activities in the policy area (such as noise, odour, spray drift or dust) to be likely to have an adverse effect on the proposed use, and/or for the effects of the development to be likely to have an adverse effect on uses in the policy area. ‘Shop-retail’ means the land use activities included in “Planning land use category 5: Shop/Retail” as defined by the Commission’s South West Land Use and Employment Survey (as amended from time-to-time). -------------------------------------------------------------------------------- Government of Western Australia State Law Publisher. All contents Copyright (C) 2003. All rights reserved. Disclaimer

Conditions

Nil

Statutory Framework

Section 16 Planning and Development Act 2005 Parts 7, 8 and Schedules 1, 2, 3, 4 and clause 27 Greater Bunbury Region Scheme

Policy

N/A

Adoption and Review


22 April 2014 WAPC Resolution 22 April 2014 - published 09/05/2014

13 December 2016 30 June 2017



Amendments

Nil



Delegation

Reference DASD02

Subject Western Australian Planning Commission (Section 25 Of Strata Titles Act 1995)

Delegated by

Western Australian Planning Commission

Delegates

Council CEO Manager Sustainability, Planning and Development Team Leader Development Assessment and Compliance Senior Planning Officer Planning Officer(s) Team Leader Building Certification Building Surveyor Director Planning and Development Services

Subdelegates

N/A

Power or Duty

Published by: Planning and Infrastructure GOVERNMENT GAZETTE Western Australia -------------------------------------------------------------------------------- No. 98. 09-Jun-2009 Page: 1936 PI409 PLANNING AND DEVELOPMENT ACT 2005 Instrument of Delegation Del 2009/03 Powers of Local Governments Delegation to local governments of certain powers and functions of the Western Australian Planning Commission relating to the issuing of certificates of approval under section 25 of the Strata Titles Act 1985 Preamble Under section 16 of the Planning and Development Act 2005 (the Act) the Western Australian Planning Commission (the WAPC) may, by resolution published in the Government Gazette, delegate any function under the Act or any other written law to a local government, a committee established under the Local Government Act 1995 or an employee of a local government. In accordance with section 16(4) of the Act, a reference in this instrument to a function or a power of the WAPC includes and extends to, without limitation or restriction, any of the powers, privileges, authorities, discretions, duties and responsibilities vested in or imposed on the WAPC by the Act or any other written law as the case requires. Resolution under section 16 of the Act (delegation) On 26 May 2009, pursuant to section 16 of the Act, the WAPC RESOLVED— A TO DELEGATE to local governments, and to members and officers of those local governments, its powers and functions under section 25 of the Strata Titles Act 1985 as set out in clause 1 of Schedule, within their respective



districts, subject to the conditions set out in clause 2 of Schedule 1. TONY EVANS, Western Australian Planning Commission. SCHEDULE 1 1. Applications made under section 25 of the Strata Titles Act 1985 Power to determine applications for the issuing of a certificate of approval under section 25 of the Strata Titles Act 1985 for a plan of subdivision, re-subdivision or consolidation, except those applications that— (a) propose the creation of a vacant lot; (b) propose vacant air stratas in multi-tiered strata scheme developments; (c) in the opinion of the WAPC as notified to the relevant local government in writing, or in the opinion of the relevant local government as notified to the WAPC in writing, relate to— (i) a type of development; and/or (ii) land within an area, which is of state or regional significance, or in respect of which the WAPC has determined is otherwise in the public interest for the WAPC to determine the application. 2. Reporting requirements A local government that exercises the power referred to in clause 1 is to provide WAPC with data on all applications determined under this Instrument of Delegation at the conclusion of each financial year in the format prescribed by the WAPC. ——————————— -------------------------------------------------------------------------------- Government of Western Australia State Law Publisher. All contents Copyright (C) 2003. All rights reserved. Disclaimer

Conditions

Nil

Statutory Framework

Section 16 Planning and Development Act 2005 Section 25 Strata Titles Act 1995 Local Planning Scheme Local Planning Policies

Policy

N/A



Adoption and Review


26 May 2009 Resolution of WAPC 26/05/2009 - published 09/06/2009


Amendments

Nil



Delegation

Reference DASD03

Subject Noise Control (Serve Environmental Protection Notices (s65(1)))

Delegated by

Department Environment Regulation

Delegates

CEO

Subdelegates


Power or Duty

Published by: Environment GOVERNMENT GAZETTE Western Australia -------------------------------------------------------------------------------- No. 47. 19-Mar-2004 Page: 919 EV401 ENVIRONMENTAL PROTECTION ACT 1986 Section 20 Delegation No. 52 Pursuant to section 20 of the Environmental Protection Act 1986, the Chief Executive Officer hereby delegates as follows— Powers and duties delegated— All the powers and duties of the Chief Executive Officer, where any noise is being or is likely to be emitted from any premises not being premises licensed under the Act, to serve an environmental protection notice under section 65(1) in respect of those premises, and where an environmental protection notice is so served in such a case, all the powers and duties of the Chief Executive Officer under Part V of the Act in respect of that environmental protection notice. Persons to whom delegation made— This delegation is made to any person for the time being holding or acting in the office of Chief Executive Officer under the Local Government Act 1995. Pursuant to section 59(1)(e) of the Interpretations Act 1984, Delegation No. 32, dated 4 February 2000 is hereby revoked. Dated this 9th day of January 2004. Approved— FERDINAND TROMP, A/Chief Executive Officer. Dr JUDY EDWARDS MLA, Minister for the Environment. -------------------------------------------------------------------------------- Government of Western Australia



State Law Publisher. All contents Copyright (C) 2003. All rights reserved. Disclaimer

Conditions

N/A

Statutory Framework

Section 20 Environmental Protection Act 1986

Policy

N/A

Adoption and Review


9 January 2004 Approved by A/Chief Executive Officer of Department of Environment Regulation and Minister for the Environment - published 19/03/2004


Amendments

Nil



Delegation

Reference DASD04

Subject Noise Control (Keeping Of Log Books, Noise Control Notices, Calibration And Approval Of NonComplying Events)

Delegated by


Delegates

CEO

Subdelegates


Power or Duty

Published by: Environment GOVERNMENT GAZETTE Western Australia -------------------------------------------------------------------------------- No. 232. 20-Dec-2013 Page: 6282 EV402 ENVIRONMENTAL PROTECTION ACT 1986 Delegation No. 112 I, Jason Banks, in my capacity as Acting Chief Executive Officer of the Department of Environment Regulation responsible for the administration of the Environmental Protection Act 1986 (“the Act”), and pursuant to section 20 of the Act, hereby delegate to any person for the time being holding or acting in the office of a Chief Executive Officer under the Local Government Act 1995, my powers and duties under the Environmental Protection (Noise) Regulations 1997, other than this power of delegation, in relation to-- (a) waste collection and other works--noise management plans relating to specified works under regulation 14A or 14B; (b) bellringing or amplified calls to worship--the keeping of a log of bellringing or amplified calls to worship requested under regulation 15(3)(c)(vi); (c) community activities--noise control notices in respect of community noise under regulation 16; (d) motor sport venues--noise management plans in relation to motor sport venues under Part 2 Division 3; (e) shooting venues--noise management plans in relation to shooting venues under Part 2 Division 4; (f) calibration results--requesting, under regulation 23(b), details of calibration results undertaken and obtained under Schedule 4; (g) sporting, cultural and entertainment events--approval of events or venues for sporting, cultural and entertainment purposes under Part 2 Division 7, subject to the following limitation-- (i) Subregulation 18(13)(b) is not delegated.



Under section 59(1)(e) of the Interpretation Act 1984, Delegation No. 68, gazetted 22 June 2007 is hereby revoked. Dated the 12th day of December 2013. JASON BANKS, Acting Chief Executive Officer. Approved by-- JOHN DAY, Acting Minister for Environment; Heritage. -------------------------------------------------------------------------------- Government of Western Australia State Law Publisher. All contents Copyright (C) 2003. All rights reserved. Disclaimer

Conditions

Nil

Statutory Framework

Section 20 Environmental Protection Act 1986 Environmental Protection (Noise) Regulations 1997

Policy

N/A

Adoption and Review


12 December 2013 Approved by Acting Minister for Environment; Heritage - published 20/12/2013


Amendments

Nil



Delegation

Reference DASD05

Subject Noise Control (Noise Management Plans (Reg. 13))

Delegated by


Delegates

CEO Manager Environmental Health Environmental Health Officers Team Leader Environmental Health

Subdelegates

N/A

Power or Duty

Published by: Environment GOVERNMENT GAZETTE Western Australia -------------------------------------------------------------------------------- No. 71. 16-May-2014 Page: 1548 EV405 ENVIRONMENTAL PROTECTION ACT 1986 Delegation No. 119 I, Jason Banks, in my capacity as the Acting Chief Executive Officer of the Department responsible for the administration of the Environmental Protection Act 1986 (“the Act”), and pursuant to section 20 of the Act, hereby delegate to the holder for the time being of the offices of-- (a) Chief Executive Officer under the Local Government Act 1995; and (b) to any employee of the local government under the Local Government Act 1995 who is appointed as an Authorised Person under section 87 of the Act, all my powers and duties in relation to noise management plans under regulation 13 of the Environmental Protection (Noise) Regulations 1997, other than this power of delegation. Under section 59(1)(e) of the Interpretation Act 1984, Delegation No. 111, gazetted 20 December 2013, is hereby revoked. Dated the 1st day of May 2014. JASON BANKS, Acting Chief Executive Officer. -------- Approved by-- Hon ALBERT JACOBS JP MLA, Minister for Environment: Heritage. ---------------------- Government of Western Australia State Law Publisher. All contents Copyright (C) 2003.



All rights reserved. Disclaimer

Conditions

Nil

Statutory Framework

Section 20 Environmental Protection Act 1986 Environmental Protection (Noise) Regulations 1997

Policy

N/A

Adoption and Review


1 May 2014 Approved by Minister for Environment; Heritage - published 16 May 2014


Amendments

Nil



Amended, Revoked and Archived Delegations of Authority

Reference Delegation Date Amendment References

DAB03 Deposit Material on a Public Place

8 July 2014 Amend the wording within Power/Duty to reference current legislation, namely Building Act 2011.


DAB03 Deposit Material on a Public Place

23 June 2015 Delegation amended to include specific details of the authority to exercise discretion when determining applications for depositing material on any public place. This also included a title change from Deposit Material on Street(s) to Deposit Material on a Public Place to correctly reflect the intent of the delegation.


DAC01 Withers Advisory Committee

18 October 2016 The Withers Advisory Committee has endorsed all funds from the Withers Reserve and fulfilled its Terms of Reference, therefore the Council revoked the delegation of authority conferred to the Committee and disband the Committee

371/16

DACL03 Appoint Authorised Persons

23 June 2015 Delegation amended to reflect correct references to legislation.


DACL03 Appoint Authorised Persons

13 December 2016 This delegation is amended to permit the CEO to appoint staff as authorised persons, not just Rangers, in accordance with the authority provided by various statutory acts and regulations, including the Local Government Act 1995.


DACL04 Closure of Streets for Parties or Events






DACL05 Bush Fires Act 23 June 2015 Delegation amended to correctly reference the granting of authority to perform the functions of a local government under the Bush Fires Act 1954.


DACL05 Bush Fires Act 13 December 2016 This delegation is amended to apply conditions as prescribed in the Bush Fires Act 1954.


DACL06 Cancellation of Infringement Notices




13 December 2016 The proclaimed Local Government Legislation Amendment Bill 2016 legislation requires the CEO of the local government to withdraw the notice or extend the time for payment in relation to infringements. Previously authorised officers were able to provide these functions, providing for effective management of service delivery to the community. This amendment enables the CEO to exercise his powers and duties under the Act.



13 December 2016 This delegation is amended to apply an additional condition as prescribed in the Bush Fires Act 1954, and change the word “authorised” to “delegated” to ensure consistency.


DACL09 Legal Proceedings 23 June 2015 Delegation has been amended to reflect correct references to legislation.





DACL09 Legal Proceedings 13 December 2016 This delegation is amended to include the Control of Vehicles (Off Road Areas) 1978 to the statutory acts under which the Local Government may commence legal proceedings if required. Statutory Power of delegation provided in section 40 Control of Vehicles (Off Road Areas) 1978.


DACL10 Parking Related Signs 23 June 2015 This delegation is amended to include authority to erect, alter or remove parking relating signs and road markings. The title has also been changed to more accurately represent the delegation.


DAFM01 Payments from Municipal and Trust Funds

23 June 2015 This delegation is a combination of two existing delegations (DAFM2 – Payments from Municipal and Trust Funds and DAFM5 – Payment of Accounts by Electronic Funds Transfer).


DAFM02 Release of Bank Guarantees

23 June 2015 This delegation is amended to remove the word accept and replace with release.


DAFM03 Investment of Council Funds

23 June 2015 Delegation is amended to provide authority to invest Council funds in term deposits in two (2) additional banks; Bankwest and Bendigo.


DAFM04 Write off of Moneys 23 June 2015 Two conditions within this delegation are proposed to be amended. The first is a decrease to the limit of individual debt write-off from $5,000 to $1,000, and the second is the list of debts written off under this authority are to be presented to council quarterly, instead of annually.





DAG01 Power to Accept Tenders

23 August 2011 1. The CEO’s Delegated Authority be increased to $500,000 where a tender for the supply of products or services is procured through the Western Australia Local Government Association (WALGA), State or Commonwealth Governments or any of its agencies that provide preferred supplier contracts or agreements. 2. The CEO is to provide quarterly advice on all tenders accepted over $100,000.



27 August 2013 CEO to accept tenders received up to $250,000



18 March 2014 Add a new condition that reads: Price variation approvals are limited to 10% of the contract price.



23 June 2015 This delegation is amended to remove the condition which states: “Each delegated officer’s capacity to approve an original tender and/or variation is set at according to the schedule of purchasing limits”.


DAG02 Contract Price Variations

8 July 2014 Second condition (price variations) to reference a maximum amount of $50,000 excluding GST or 10% of the contract value, whichever is the greater amount.


DAG02 Gaming Permits 23 June 2015 Delegation amended by virtue of some minor wording changes and correct referencing of legislation.





DAG02 Gaming Permits 13 December 2016 The authority to determine applications for gaming permits is already delegated by DAH06 – Section 55 Certificates. A separate delegation is not required in this instance.



13 December 2016 This delegation is amended to clearly identify a delegated officer’s financial capacity to approve a variation to approved contracts.



11 July 2017 The current level of delegation for contract price variations is considered inadequate given the high value of some projects currently underway. The condition limits variations to: "Each delegated officer’s capacity to approve a variance to a contract is limited to 10% of their purchasing authority in accordance to the schedule of purchasing. Price variations are limited to a maximum amount of $10,000 excluding GST or 10% of the contract value, whichever is the greater amount." Council's decision amends the condition to now read: "Each delegated officer’s capacity to approve a variation to a contract is limited to 10% of the contract value, or the value of their purchasing authority, whichever is the lesser amount (to a maximum of $50,000)."





DAG04 Tender Variations 23 June 2015 Delegation is amended by virtue of some minor wording changes to clarify that the authority is for variations to tender specifications which will alter the price of tender, once the tender advertising period has closed.


DAG05 City of Bunbury Art Collection – Purchase and Disposal of Artworks

18 March 2014 Amend to remove the reference to the Art Collection Management Committee.


DAG07 Power of Entry 13 December 2016 In accordance with the Local Government Act 1995, power of entry may be provided to authorised employees to perform any function that a local government has under the Act if entry is required for the performance of the function or in any other case in which entry is authorised by the Act other than by a local law. As the CEO has the delegated authority to appoint authorised officers, a delegation is not required in this instance.


DAH01 Discharge of Powers – Section 26 of the Health Act 1911



DAH05 Section 39 and Section 40 Certificates






DAH05 Section 39 and Section 40 Certificates

8 December 2015 This delegation is amended to reflect the correct title of the Department of Racing Gaming and Liquor and the Liquor Control Act 1988. In the explanation note, the words “including the Local Planning Scheme” have been included and the legislation reference amended to accurately reflect the Liquor Control Act 1998.


DAH06 Section 55 Certificates 23 June 2015 Delegation amended by virtue of some minor wording changes and correct referencing of legislation.


DAH06 Section 55 Certificates 8 December 2015 This delegation is amended to reflect the correct title of the Department of Racing Gaming and Liquor. The words “any written laws relating to planning, including the Local Planning Scheme” have been included in the explanation note.


DAH07 Discharge of Powers (Food Act 2008)

23 June 2015 Delegation is amended by virtue of some minor wording changes.


DAH07 Discharge of Powers (Food Act 2008)

13 December 2016 This delegation is amended to clearly identify the functions being delegated and to whom. Section 118(4) of the Food Act 2008 states sub delegation is only permissible if expressly provided in regulations and the Food Regulations 2009 do not provide for sub-delegation. This delegation provides the CEO with the authority to appoint authorised and designated officers in accordance with the Food Act 2008.


DAO01 Thoroughfare Submissions

23 June 2015 This delegation is amended to reflect the wording recommended by the Department of Local Government.





DAO03 Sale of Subdivisional Land

18 March 2014 Amend to remove any reference to the value of commission, and increase the value of the sale price from $500,000 to $1 million.


DAO04 Conditions of Property Leases

23 June 2015 This delegation is amended to reflect correct references to legislation.


DAO05 Closure of Private Right of Way

23 June 2015 Delegation is amended to reflect correct references to legislation.


DAO06 Authority to Serve Notices to Owners or Occupiers of Land

23 June 2015 Existing delegations DAO2 – Apportion Responsibility of Costs From Works in the Street and DACL13 – Issuing of Notices to Owner/Occupiers have been amalgamated into DAO8 – Authority to Serve Notices to Owners or Occupiers of Land.


DAO07 Authority to Sell, Lease or Dispose of Plant, Equipment and Materials

18 March 2014 Increase the value of the asset in the first condition from $30,000 to $50,000.


DAO07 Authority to Sell, Lease or Dispose of Plant, Equipment and Materials

23 June 2015 This delegation is amended by virtue of some minor wording changes.


DAO08 Determine Applications and Apply Conditions to Matters Relating to Road Reserves



DAO08 Works Undertaken in Streets

13 December 2016 This delegation provides the same function as Delegation “DAO09 – Determine applications and apply conditions to matters relating to road reserves”. Works and Services Officers have reviewed the delegation and advise it is a duplication and not required.





DASP01 Notification on Land Title

23 June 2015 Delegation is amended to include reference to local planning policies.



8 December 2015 This delegation is amended to include reference to the Local Planning Scheme, as per the Planning and Development (Local Planning Schemes) Regulations 2015.



13 December 2016 This delegation was originally titled “Flood Prone Land” but on review by officers, and pursuant to the provisions of the Schedule 2 Planning and Development Regulations 2015, it has been reworded to clearly identify the function of the local government when determining applications for planning approval, to notify proprietors and prospective proprietors of land under section 70A Transfer of Land Act 1893, of all factors affecting the use or enjoyment of the land, and not just flood prone land.


DASP03 Development Applications

18 March 2014 Amend to include reference to “AA” use.



23 June 2015 Delegation is amended to correct scheme text referencing.



8 December 2015 This delegation has been reworded to accurately reflect the intention of the power and duty, and also includes updated legislation reference as per the Planning and Development (Local Planning Schemes) Regulations 2015.


DASP04 Local Planning Scheme and Local Planning Policy Compliance

23 June 2015 Delegation is amended to include the words Local Planning Policies in the Title and Power/Duty.





DASP04 Local Planning Scheme and Local Planning Policy Compliance

8 December 2015 This delegation was originally titled Town Planning Scheme No. 7 and Local Planning Policy Compliance. The delegation title and power and duty are amended to reflect the correct legislation reference as per the Planning and Development (Local Planning Schemes) Regulations 2015, the Local Government Act 1995 and the Planning and Development Act 2005.


DASP05 Residential Design Codes

8 July 2014 Amend the wording within Power/Duty to reference current legislation, namely Residential Design Codes 2010.



23 June 2015 This existing delegation (Residential Setback Variations) is combined with DASP7 – Residential Design Codes 2010, to include determination of applications relating to single houses, multiple dwellings, ancillary dwellings and group dwellings which may include determination of setback variations, pursuant to Town Planning Scheme No. 7, Residential Design Codes 2010 and relevant Local Planning Policies.



8 December 2015 This delegation is amended to reflect the correct legislation reference as per the Planning and Development (Local Planning Schemes) Regulations 2015.


DASP06 Reserve Administration 23 June 2015 Delegation is amended to reflect correct referencing of the City’s Town Planning Scheme.





DASP07 Planning and Development Act 2005 - Enforcement and Legal Proceedings

23 June 2015 Delegation is amended to reflect correct referencing of legislation.


DASP07 Planning and Development Act 2005 - Enforcement and Legal Proceedings

8 December 2015 The original delegation is a duplication of DASP03 Local Planning Scheme and Local Planning Policy Compliance and the proposed delegation provides authorisation to issue infringements where there is reason to believe that a person has committed a prescribed offence in accordance with sections 214, 218, 220 and 221 of the Planning and Development Act 2005. The power and duty also includes authorised officers the authority to extend the time to pay the penalty and withdraw the infringement notice.


DASP07 Western Australian Planning Commission – Clause 27 Greater Bunbury Region Scheme – Development Approvals

13 December 2016 A new section has been added to the register titled Statutory Delegations to Local Government from External Agencies. This delegation will be removed and reintroduced as DASD01 - Western Australian Planning Commission - Clause 27 Greater Bunbury Region Scheme - Development Approvals.


DASP08 Built Strata Applications

8 December 2015 This delegation is amended to include the words “and in accordance with written laws relating to planning”.


DASP08 Built Strata Applications

13 December 2016 A new section has been added to the register titled Statutory Delegations to Local Government from External Agencies. This delegation will be removed and reintroduced as DASD02 - Western Australian Planning Commission – Section 25 Of Strata Titles Act 1995.





R15DAB01 Fees for Copying Building Plan(s)

23 June 2015 Delegation repealed - waiving of fees and charges is already provided for is delegation FM6 – Write off of Monies.


R15DAFM01 Commercial Waste Fee Structure

23 June 2015 Delegation repealed - Fees and charges may not be amended without an absolute majority decision, unless the authority to waive has been incorporated in the adopted schedule of fees and charges. This delegation is therefore ultra vires.


R15DAG01 Power to determine if inspection of information would divert substantial or unreasonable resources of the organisation

23 June 2015 Delegation repealed - Section 5.95(1)(b) of the Local Government Act 1995 specifically provides the capacity for the CEO to limit a person’s right to inspect information referred to in section 5.94 if, in their opinion, it would divert a substantial and unreasonable portion of the local government’s resources away from its other functions.


R15DASP01 Authority to Interpret the Marlston Hill (Stage 3) Design Guidelines

23 June 2015 Delegation repealed - interpreting the Marlston Hill (Stage 3) Design Guidelines requires officers to exercise professional judgement, not make discretionary decisions. Developments in relation to Marlston Hill are presented to Council for consideration.


R15DAB02 Awning Licence 23 June 2015 Delegation repealed - the authority to determine applications for an awning licence is provided in DAB1 – Building Act 2011. A separate delegation is not required in this instance.





R15DAO02 Apportion Responsibility of Costs from Works in the Street

23 June 2015 Delegation repealed - this delegation has been amalgamated into DAO8 – Authority to Serve Notices to Owners or Occupiers of Land (previously titled Works in Streets).


R15DAB03 Veranda Over Street 23 June 2015 Delegation repealed - the authority to determine applications for a veranda over a street is provided in DAB1 – Building Act 2011. A separate delegation is not required in this instance.


R15DACL03 Vehicle Parking on Reserves

23 June 2015 Delegation repealed - the authority to determine requests for vehicle parking on reserves associated with functions on reserves, and to make arrangements for the control of vehicles and collection of fees charged, is provided in DACL1 – Administer the City’s Local Laws. A separate delegation is not required in this instance.


R15DAB05 Building Permits 23 June 2015 Delegation repealed - the authority to approve or refuse to plans and specifications for a building permit is provided in DAB1 – Building Act 2011. A separate delegation is not required in this instance.


R15DAFM05 Payment of Accounts by Electronic Funds Transfer (“EFT”)

23 June 2015 Delegation repealed - DAFM2 – Payments from Municipal and Trust Funds and DAFM5 – Payment of Accounts by Electronic Funds Transfer have been amalgamated into one delegation (new DAFM2 - Payments from Municipal and Trust Funds).





R15DAH05 Street Trading / Outdoor Eating Areas

23 June 2015 Delegation repealed - this delegation authorises the CEO and Manager Environmental Health to exercise powers and duties under the City’s local laws, specifically in relation to street trading and outdoor areas. A new delegation DACL1 Administer the City’s Local Law has been proposed, which provides the necessary authority to administer the city’s local laws.


R15DASP05 Approval of Project Plans

23 June 2015 Delegation repealed - design plans for projects or components of projects are required to comply with Town Planning Scheme No.7 and Local Planning Policies. Delegated authority is provided in DASP3 – Development Applications and DASP4 – Town Planning Scheme No.7 and Local Planning Policy Compliance. A separate delegation is not required in this instance.


R15DAB06 Demolition Permits 23 June 2015 Delegation repealed - the authority to approve or refuse plans and specifications for a demolition permit is provided in DAB1 – Building Act 2011. A separate delegation is not required in this instance.


R15DACL06 Illegally Parked/Abandoned Vehicles

23 June 2015 Delegation repealed - the authority to remove a vehicle which is illegally parked and causing an obstruction or deemed to be abandoned is provided in DACL1 Administer the City’s Local Laws. An individual delegation is not required in this instance.





R15DAO06 Street Name Register 23 June 2015 Delegation repealed - applications for street names are assessed in accordance with Council’s Policy and guidelines and referred to Council for consideration, with the final decision made by the Geographic Names Committee (Landgate). A delegation is not required in this instance.


R15DASP06 Family Care Facilities 23 June 2015 Delegation repealed - Family Care Facilities are required to comply with Town Planning Scheme No.7 and Local Planning Policies. Delegated authority is provided in DASP3 – Development Applications and DASP4 – Town Planning Scheme No 7 and Local Planning Policy Compliance. A separate delegation is not required in this instance.


R15DAB07 Grant of Occupancy Permits and Building Approval Certificates

23 June 2015 Delegation repealed - the authority to issue grant of occupancy permits and building approval certificates is provided in DAB1 – Building Act 2011. A separate delegation is not required in this instance.


R15DAG07 Extended Trading Hours

23 June 2015 Delegation repealed - The City of Bunbury now has deregulated trading hours.


R15DASP07 Residential Design Codes 2010

8 July 2014 Amend to include ‘multiple dwellings’ and ‘ancillary dwellings’ and also update the reference within Power/Duty to reflect current legislation.





R15DASP07 Residential Design Codes 2010

23 June 2015 Delegation repealed - combined with DASP14 – Residential Setback Variations. The combined delegation, Residential Setback Variation, provides authority to the CEO to determine applications pursuant to the same provisions, but with the addition of determining applications which may include setback variations.


R15DAB08 Swimming Pool Enclosure

23 June 2015 Delegation repealed - the authority to determine a swimming pool enclosure is provided in DAB1 – Building Act 2011. A separate delegation is not required in this instance.


R15DACL08 Institute Legal Proceedings

23 June 2015 Delegation repealed - this delegation has been amalgamated into DACL15 – Legal Proceedings, and is therefore not required.


R15DAG08 Employment/Management/Supervision of Staff

23 June 2015 Delegation repealed - Section 5.41(g) of the Local Government Act 1996 provides the capacity for the CEO to be responsible for the employment, management supervision, direction and dismissal of other employees (subject to section 5.37(2) in relation to senior employees).


R15DAH08 Use of Reserve Lands for Mobile Needle and Syringe Exchange Activities

23 June 2015 Delegation repealed - all applications to use reserve land vested in the control of Council for mobile needle and syringe exchange activities will be presented to Council for consideration, therefore delegated authority is not required.





R15DASP08 Home Occupations 23 June 2015 Delegation repealed - home occupations are required to comply with Town Planning Scheme No.7 and Local Planning Policies. Delegated authority is provided in DASP3 – Development Applications and DASP4 – Town Planning Scheme No.7 and Local Planning Policy Compliance. A separate delegation is not required in this instance.


R15DAB09 Extensions of Periods of Duration

23 June 2015 Delegation repealed - the authority to grant extensions of periods of duration for occupancy permits and building approval certificates is provided in DAB1 – Building Act 2011. A separate delegation is not required in this instance.


R15DACL09 Residential and Visitor Parking

23 June 2015 Delegation repealed - the authority to determine applications and renewals for residential and visitor parking permits is provided in DACL1 – Administer the City’s Local Laws. A separate delegation is not required in this instance.


R15DAG09 Use of Coat of Arms 23 June 2015 Delegation repealed - the Standing Orders local law regulates the use of the common seal.


R15DAH09 Environmental Health Emergency Management Support Plan

23 June 2015 Delegation repealed - minor changes including the amendment to names, titles and web links to the Bunbury Environmental Health Emergency Management Support Plan may be required for administrative purposes, which is not a decision-making function.





R15DAO09 Entry to Property 23 June 2015 This delegation is replaced by DAG07 – Power of Entry, which provides right of entry authority pursuant to the Local Government Act 1995, Planning and Development Act 2005, Building Act 2011, Dog Act 1976, Cat Act 2011, Health Act 1911 and the City of Bunbury local laws.


R15DASP09 Town Planning Conditions and Bank Guarantees

23 June 2015 Delegation repealed - the authority to impose specific town planning conditions is covered under delegations DASP3 – Development Applications and DASP4 – Town Planning Scheme No.7 and Local Planning Policy Compliance. The authority to receive a bank guarantee on behalf of the applicant in cases where developers are required to fulfil such planning conditions is not exercising discretion, simply carrying out a function. A delegation of authority is not required in this instance.


R15DAO10 Purchase and Disposal of Minor Plant and Light Vehicles

23 June 2015 Delegation repealed - this delegation has been amalgamated into DAO14 – Authority to Sell, Lease or Dispose of Plant, Equipment and Materials.


R15DASP10 Bed and Breakfast Establishments

23 June 2015 Delegation repealed - bed and breakfast establishments are required to comply with Town Planning Scheme No.7 and Local Planning Policies. Delegated authority is provided in DASP3 – Development Applications and DASP4 – Town Planning Scheme No 7 and Local Planning Policy Compliance. A separate delegation is not required in this instance.





R15DAB11 Building Orders 23 June 2015 Delegation repealed - the authority to make building orders in relation to building or demolition work is provided in DAB1 – Building Act 2011. A separate delegation is not required in this instance.


R15DACL11 Signing of Prosecutions 23 June 2015 Delegation repealed - this delegation has been amalgamated into DACL15 – Legal Proceedings, and is therefore not required.


R15DAO11 Determine Roadworks Submissions

23 June 2015 Delegation repealed - the function of determining road works submissions may be authorised by the CEO in an “acting through” capacity, and does not require a delegation.


R15DASP11 Non-Conforming Use of Land

23 June 2015 Delegation repealed - DASP4 – Town Planning Scheme No.7 and Local Planning Policy Compliance provides the authority for the CEO in respect to issues of non-conforming use of land. A separate delegation of authority is not required in this instance.


R15DAB12 Revocation of Building Orders

23 June 2015 Delegation repealed - the authority to revoke building orders is provided in DAB1 – Building Act 2011. An individual delegation is not required in this instance.


R15DAO12 Dangerous Trees on Private Property

23 June 2015 Delegation repealed - The authority to form an opinion that trees on private property constitute a danger to persons or property on adjoining land is provided in DAO8 – Authority to Serve Notices to Owners or Occupiers of Land (previously titled Works in Streets). A separate delegation is not required in this instance.





R15DASP12 Power of Entry 23 June 2015 Delegation repealed - this delegation of authority is replaced by DAG7 – Power of Entry, which provides authority pursuant to the Local Government Act 1995, Planning and Development Act 2005, Building Act 2011, Dog Act 1976, Cat Act 2011, Health Act 1911 and City of Bunbury local laws.


R15DAB13 Right of Entry 23 June 2015 Delegation repealed - replaced by DAG7 – Power of Entry, which provides right of entry authority pursuant to the Local Government Act 1995, Planning and Development Act 2005, Building Act 2011, Dog Act 1976, Cat Act 2011, Health Act 1911 and the City of Bunbury local laws.


R15DACL13 Issuing of Notices to Owner/Occupiers

23 June 2015 Delegation repealed - the authority to issue notices requiring certain things to be done by an owner/occupier of land is provided in DAO8 – Authority to Serve Notices to Owners or Occupiers of Land (previously titled as Works in Streets). A separate delegation is not required in this instance.


R15DAO13 Placing Barriers Across Streets

23 June 2015 Delegation repealed - the function of determining road closures may be authorised by the CEO in an “acting through” capacity, and does not require an individual delegation.





R15DASP13 Creation, Subdivision or Amalgamation of Lots

23 June 2015 Delegation repealed - the function to make recommendations to the Department of Planning and Infrastructure or the Western Australian Planning Commission is one in which planning officers exercise professional judgement, not make a decision. A delegation is not required in this instance.


R15DACL14 Keeping of more than two dogs

23 June 2015 Delegation repealed - the authority to approve applications to keep more than two dogs for a temporary period is provided in DACL1 – Administer City Local Laws and DACL2 – Rangers Authorisation. A separate delegation is not required in this instance.


R15DASP15 Development Proposals Affecting Council Property

23 June 2015 Delegation repealed - development proposals affecting Council vested property (freehold or reserved) are required to comply with Town Planning Scheme No.7 and Local Planning Policies. Delegated authority is provided in DASP3 – Development Applications and DASP4 – Town Planning Scheme No.7 and Local Planning Policy Compliance. A separate delegation is not required in this instance.


R15DAO17 Vesting of Public Reserves

23 June 2015 Delegation repealed - the vesting of a public reserve created within the City of Bunbury is referred to Council for consideration, and does not require an individual delegation.





R15DAO18 Approval and Assignment of Property Leases and Licences

23 June 2015 Delegation repealed - the delegation refers to sections 3.53 and 3.54 of the Local Government Act 1995. The Department of Local Government guideline on this matter indicates only section 3.53(3) requires delegated authority. Should this situation occur, the information would be presented to Council for their consideration and not authorised under delegation, therefore this delegation is not required.


R15DASP18 Strata Title Form No 7 23 June 2015 Delegation repealed - the function to endorse strata titles in accordance with the Building Act 2011 is covered under delegated authority DAB1 – Building Act 2011. A separate delegation is not required in this instance.
