register of delegation of authority - city of bunbury

Thursday, 17 December 2015 1 of 119

Register of Delegation of

Authority

Reviewed 23 June 2015 (Res 219/15)

2 of 131

Register of Delegation of 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

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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).


Table of Contents

Section 1: Delegation of Authority – Building (DAB) ..................................................................... 6

Building Act 2011 ................................................................................................................................ 7

Fencing ................................................................................................................................................ 9

Deposit Material on a Public Place ................................................................................................... 11

Section 2: Delegation of Authority – Committees (DAC) ............................................................. 13

Withers Advisory Committee ............................................................................................................ 14

Section 3: Delegation of Authority – Community Law, Safety and Emergency Management (DACL)

.................................................................................................................................................. 16

Administer the City’s Local Laws ....................................................................................................... 17

Disposal of Confiscated Goods.......................................................................................................... 19

Rangers Authorisation ...................................................................................................................... 21

Closure of Streets for Parties or Events ............................................................................................ 23

Bush Fires Act .................................................................................................................................... 25

Cancellation of Infringement Notices ............................................................................................... 27

Impounding and Removal of Goods ................................................................................................. 29

Recovery of Impounding Expenses ................................................................................................... 31

Legal Proceedings ............................................................................................................................. 33

Parking Related Signs ........................................................................................................................ 35

Section 4: Delegation of Authority – Financial Management (DAFM) .......................................... 37

Payments from Municipal and Trust Funds ...................................................................................... 38

Release of Bank Guarantees ............................................................................................................. 40

Investment of Council Funds ............................................................................................................ 42

Write off of Moneys .......................................................................................................................... 44

Section 5: Delegation of Authority – General (DAG) ................................................................... 46

Power to Accept Tenders .................................................................................................................. 47

Gaming Permits ................................................................................................................................. 49

Contract Price Variations .................................................................................................................. 51

Liquor Licensing Extended Trading Permits ...................................................................................... 53

Tender Variations .............................................................................................................................. 55

City of Bunbury Art Collection – Purchase and Disposal of Artworks ............................................... 57


Power of Entry .................................................................................................................................. 59

Section 6: Delegation of Authority – Health (DAH) ..................................................................... 61

Discharge of Powers – Section 26 of the Health Act 1991 ............................................................... 62

Treatment of Sewage and Disposal of Effluent and Liquid Waste ................................................... 64

Caravan Parks and Camping Grounds ............................................................................................... 66

Caravan Parks and Camping Ground Regulations............................................................................. 68

Section 39 and Section 40 Certificates.............................................................................................. 70

Section 55 Certificates ...................................................................................................................... 72

Discharge of Powers – Food Act 2008 .............................................................................................. 74

Section 7: Delegation of Authority – Operations (DAO) .............................................................. 77

Thoroughfare Submissions ............................................................................................................... 78

Purchase and Trade of Fleet Vehicles ............................................................................................... 80

Sale of Subdivisional Land ................................................................................................................. 82

Conditions of Property Leases .......................................................................................................... 84

Closure of Private Right of Way ........................................................................................................ 86

Authority to Serve Notices to Owners or Occupiers of Land ............................................................ 88

Authority to Sell, Lease or Dispose of Plant, Equipment and Materials ........................................... 90

Works Undertaken in Streets ............................................................................................................ 92

Determine Applications and Apply Conditions to Matters Relating to Road Reserves .................... 94

Section 8: Delegation of Authority – Statutory Planning (DASP) .................................................. 96

Flood Prone Land .............................................................................................................................. 97

DASP02 .............................................................................................................................................. 99

Local Planning Scheme and Local Planning Policy Compliance ...................................................... 101

Residential Design Codes ................................................................................................................ 103

Reserve Administration................................................................................................................... 105

Planning and Development Act 2005 - Enforcement and Legal Proceedings................................. 107

Western Australian Planning Commission (“WAPC”) – Greater Bunbury Region Scheme Approvals

........................................................................................................................................................ 109

Built Strata Applications .................................................................................................................. 111

Amendments ............................................................................................................................ 113


Section 1: Delegation of Authority – Building (DAB)

Purpose

To specify delegation of authority to the Chief Executive Officer in accordance with the provisions of Section 5.42 of the Local Government Act 1995 and associated Regulations, all relevant provisions of the Building Act 2011, Building Regulations 2012, Local Government (Building Surveyors) Regulations 2008, the Local Government (Miscellaneous Provisions) Act 1960 and Section 23.4 of the Strata Titles Act 1985.

Note: For the purpose of this delegation (and any related legislation) any reference to the Building

Surveyor shall be a reference to the position of Director Planning, Development and Regulatory

Services


Building

Instrument of Delegation

Reference DAB01

Subject Building Act 2011

Category Building

Delegator

Council

Delegates

CEO

Sub-delegates

Director Planning, Development and Regulatory Services

Team Leader Building Certification

Building Services Technical Officer

Building Surveyor

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

Date adopted

23 Jun 2015


Adoption references

Council Decision 219/15

Date of last review

...

To be reviewed

30 Jun 2016

Date last amended

...

Amendments

Nil



Reference DAB02

Subject Fencing

Category Building

Delegator

Council

Delegates

CEO

Sub-delegates


Manager Sustainability, Planning and Development


Team Leader Development Assessment and Compliance


Planning Officer(s)

Senior Planning Officer

Building Surveyor

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

Date adopted

21 Dec 1999


Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

...

Amendments

Nil



Reference DAB03

Subject Deposit Material on a Public Place

Category Building

Delegator

Council

Delegates

CEO

Sub-delegates

Director Works and Services


Manager Landscape and Open Space

Manager Engineering and Civil Operations

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


Part 5, clause 5.2 Local Government and Public Property Local Law

Policy

N/A

Date adopted

21 Dec 1999

Adoption references


Date of last review

23 Jun 2015


To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments

Date Amendment References

8 Jul 2014 Amend the wording within Power/Duty to reference current

legislation, namely Building Act 2011.


23 Jun 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.



Section 2: Delegation of Authority – Committees (DAC)

Purpose

To specify delegation of authority to the Chief Executive Officer in accordance with section 5.42 of the Local Government Act 1995 in respect of functions able to be delegated to facilitate good governance and administration by the City in covering requirements of the Act and Regulations thereto.


Committees


Reference DAC01

Subject Withers Advisory Committee

Category Committees

Delegator

Council

Delegates

Withers Advisory Committee

Sub-delegates

...

Power or Duty

In accordance with Sections 5.16 and 5.17(1)(c)(i) of the Local Government Act 1995, Council delegate the

following powers to the Withers Advisory Committee:

a. Authority to prioritise all works associated with the Withers Action Plan Priority projects as resolved by Council

on 4 February 2014.

b. Authority to authorise the commencement of all works as prioritised under point (a) above.

c. Authority to commence/initiate the necessary actions to carry out the works authorised under point (b) above.

Conditions

1. Any actions which requires an absolute majority of Council cannot be actioned by the Committee.

2. The Committee is restricted to authorising projects that are on Council owned or controlled land and are

within the approved budget or Reserve Fund established for the Withers Action Plan.

3. A report is to be provided to Council outlining any decisions made under delegation.

4. A review of delegated persons is to be undertaken as part of the review of Committees following each local

government election.

5. Any decision made by the Committee must have the unanimous support of the Elected Members appointed

to the committee in attendance at the meeting. If unanimous support of the Elected Members appointed to the

Committee is not gained on any decision, then the item should be referred back to the next Bunbury City

Council meeting for consideration.

Statutory Framework

Sections 5.16, 5.17(1)(c)(i) Local Government Act 1995

Policy

N/A


Date adopted

4 Feb 2014

Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

...

Amendments

Nil


Section 3: Delegation of Authority – Community Law, Safety and Emergency Management (DACL)

Purpose

To specify delegation of authority to the Chief Executive Officer in respect of functions of the Community Law, Safety and Emergency Management Department of the City concerning the Local Government Act 1995, Bush Fires Act 1954, Dog Act 1976, Fines, Penalties & Infringement Notices Enforcement Act 1994, Litter Act 1979 and Control of Vehicles (Off-road Areas) Act 1978, Emergency Management Act 2005 and any regulations and local laws made thereunder.


Community Law, Safety and Emergency Management


Reference DACL01

Subject Administer the City’s Local Laws

Category Community Law, Safety and Emergency Management

Delegator

Council

Delegates

CEO

Sub-delegates



Manager Community Law, Safety and Emergency Management


Team Leader Parking Operations

Team Leader Ranger Operations

Rangers/Fire Control Officers

Manager Environmental Health

Team Leader Environmental Health

Environmental Health Officers

Parking Officer

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

Date adopted

23 Jun 2015

Adoption references


Date of last review

...

To be reviewed

30 Jun 2016

Date last amended

...

Amendments

Nil



Reference DACL02

Subject Disposal of Confiscated Goods


Delegator

Council

Delegates

CEO

Sub-delegates

...

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

Date adopted

21 Dec 1999

Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016


Date last amended

...

Amendments

Nil



Reference DACL03

Subject Rangers Authorisation


Delegator

Council

Delegates

CEO

Sub-delegates

...

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 City of Bunbury Rangers as authorised officers/persons to enforce the provisions

of various Statutory Acts and other written laws including the local laws of the City of Bunbury and the following

acts:

• 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

• Control of Vehicles (Off-road Areas) Act 1978

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, 5.42 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

Section 38(3) Control of Vehicles (Off-road Areas) Act 1978


Policy

N/A

Date adopted

21 Dec 1999

Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments


23 Jun 2015 Delegation amended to reflect correct references to

legislation.




Reference DACL04

Subject Closure of Streets for Parties or Events


Delegator

Council

Delegates

CEO

Sub-delegates






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) and 111 Road Traffic Act 1974

Road Traffic (Events on Roads) Regulations 1991

Sections 5.42, 3.50(1) Local Government Act 1995

Policy

N/A

Date adopted

21 Dec 1999


Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments



legislation.




Reference DACL05

Subject Bush Fires Act


Delegator

Council

Delegates

CEO

Sub-delegates


Team Leader Community Safety and Emergency Management


Power or Duty

Authority to perform the functions of the local government under the Bush Fires Act 1954.

Conditions

Nil

Statutory Framework

Sections 33(4) and (5) and 48 Bush Fires Act 1954

Policy

N/A

Date adopted

21 Dec 1999

Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016


Date last amended

23 Jun 2015

Amendments


23 Jun 2015 Delegation amended to correctly reference the granting of

authority to perform the functions of a local government

under the Bush Fires Act 1954.




Reference DACL06

Subject Cancellation of Infringement Notices


Delegator

Council

Delegates

CEO

Sub-delegates



Power or Duty

Pursuant to the provisions of the 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’).

Conditions

The authorised 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 authorised officer must take into consideration any reports by appropriate officers

and will make such inquiries as necessary to determine the matter.


Statutory Framework


Section 35(5) Dog Regulations 2013


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

Date adopted

21 Dec 1999

Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments



legislation.




Reference DACL07

Subject Impounding and Removal of Goods


Delegator

Council

Delegates

CEO

Sub-delegates





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


Policy

N/A

Date adopted

21 Dec 1999

Adoption references


Date of last review

23 Jun 2015


To be reviewed

30 Jun 2016

Date last amended

...

Amendments

Nil



Reference DACL08

Subject Recovery of Impounding Expenses


Delegator

Council

Delegates

CEO

Sub-delegates





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


Policy

N/A

Date adopted

21 Dec 1999

Adoption references


Date of last review

23 Jun 2015


To be reviewed

30 Jun 2016

Date last amended

...

Amendments

Nil



Reference DACL09

Subject Legal Proceedings


Delegator

Council

Delegates

CEO

Sub-delegates





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 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


Bush Fires Act 1954

Caravan Parks and Camping Ground Acts 1995

Dog Act 1976

Environmental Protection Act 1986

Food Act 2008


Policy

N/A

Date adopted

21 Dec 1999

Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments


23 Jun 2015 Delegation has been amended to reflect correct references

to legislation.




Reference DACL10

Subject Parking Related Signs


Delegator

Council

Delegates

CEO

Sub-delegates






Team Leader Design and Airport

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


City of Bunbury Parking and Parking Facilities Local Laws

Policy

N/A

Date adopted

8 Jul 2014

Adoption references



Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments


23 Jun 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.



Section 4: Delegation of Authority – Financial Management (DAFM)

Purpose

To specify delegation of authority in accordance with section 5.42 of the Local Government Act 1995 to the Chief Executive Officer in respect of Financial Management functions of the City, covering the Local Government Act 1995 and Fines, Penalties and Infringement Notices Enforcement Act 1994.


Financial Management


Reference DAFM01

Subject Payments from Municipal and Trust Funds

Category Financial Management

Delegator

Council

Delegates

CEO

Sub-delegates

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 13 Local Government Financial Management Regulations 1996

Policy

N/A

Date adopted

7 Jul 1998

Adoption references



Date of last review

30 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments


23 Jun 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).




Reference DAFM02

Subject Release of Bank Guarantees


Delegator

Council

Delegates

CEO

Sub-delegates



Manager Finance

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

Date adopted

17 Jul 1990

Adoption references

1990

Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016


Date last amended

23 Jun 2015

Amendments


23 Jun 2015 This delegation is amended to remove the word accept and

replace with release.




Reference DAFM03

Subject Investment of Council Funds


Delegator

Council

Delegates

CEO

Sub-delegates

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


Section 18 Trustees t Act 1962

Policy

N/A

Date adopted

21 Dec 1999

Adoption references


Date of last review

23 Jun 2015


To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments


23 Jun 2015 Delegation is amended to provide authority to invest

Council funds in term deposits in two (2) additional banks;

Bankwest and Bendigo.




Reference DAFM04

Subject Write off of Moneys


Delegator

Council

Delegates

CEO

Sub-delegates



Director Corporate and Community Services

Manager Finance

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.

Date adopted

21 Dec 1999

Adoption references



Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments


23 Jun 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.



Section 5: Delegation of Authority – General (DAG)

Purpose

To specify delegation of authority to the Chief Executive Officer in accordance with Section 5.42 of the Local Government Act 1995 in respect of functions able to be delegated to facilitate good governance and administration by the City in covering requirements of the Act and Regulations thereto.


General


Reference DAG01

Subject Power to Accept Tenders

Category General

Delegator

Council

Delegates

CEO

Sub-delegates

...

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

Date adopted

16 Jun 1997


Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments


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

18 Mar 2014 Add a new condition that reads: Price variation approvals

are limited to 10% of the contract price.


23 Jun 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”.




Reference DAG02

Subject Gaming Permits

Category General

Delegator

Council

Delegates

CEO

Sub-delegates


Power or Duty

To determine applications for gaming permits for up to five (5) years, except for applications involving licensed

premises, pursuant to the Gaming and Wagering Commission Act 1987 and in accordance with any relevant

Local Planning Policies.

Conditions

Nil

Statutory Framework

Sections 21 and 49 Gaming and Wagering Commission Act 1987

Policy

N/A

Date adopted

21 Dec 1999

Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016


Date last amended

23 Jun 2015

Amendments


23 Jun 2015 Delegation amended by virtue of some minor wording

changes and correct referencing of legislation.




Reference DAG03

Subject Contract Price Variations

Category General

Delegator

Council

Delegates

CEO

Sub-delegates




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 a 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 an original tender and/or variation is set according to the schedule

of purchasing limits.

Price variations are limited to a maximum amount of $50,000 excluding GST or 10% of the contract value,

whichever is the greater amount.

Statutory Framework


Part 4 Local Government (Functions and General Regulations) 1996

Policy

N/A

Date adopted

21 Dec 1999


Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

8 Jul 2014

Amendments


8 Jul 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.




Reference DAG04

Subject Liquor Licensing Extended Trading Permits

Category General

Delegator

Council

Delegates

CEO

Sub-delegates



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

Date adopted

21 Dec 1999

Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016


Date last amended

...

Amendments

Nil



Reference DAG05

Subject Tender Variations

Category General

Delegator

Council

Delegates

CEO

Sub-delegates




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

Date adopted

17 Sep 1998

Adoption references

1998

Date of last review

23 Jun 2015


To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments


23 Jun 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.




Reference DAG06

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

Category General

Delegator

Council

Delegates

CEO

Sub-delegates

...

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

Date adopted

13 Apr 2004

Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016


Date last amended

18 Mar 2014

Amendments


18 Mar 2014 Amend to remove the reference to the Art Collection

Management Committee.




Reference DAG07

Subject Power of Entry

Category General

Delegator

Council

Delegates

CEO

Sub-delegates





Planning Officer(s)

Engineering Technical Officers

Compliance Officer


Building Surveyor














Development Engineer

Manager Assets and Projects

Engineering Technical Officer (HR5016)

Condition Assessment Officer

Contract Engineering Officer (HR5064)

Technical Officer Design

Technical Officer Design and Airport

Project Delivery Officer

Senior Engineering Technical Officer - Assets and Infrastructure


Power or Duty

The Authority to give effect to powers of entry and inspection as required by:

Local Government Act 1995

Planning and Development Act 2005

Building Act 2011

Dog Act 1976

Cat Act 2011

Health Act 1911

City of Bunbury local laws

Conditions

Nil

Statutory Framework

Part 3, Division 3, Subdivision 3 and section 5.42 Local Government Act 1995

Section 11 Planning and Development Act 2005

Section 106 Building Act 2011

Section 12A Dog Act 1976


Section 349 Health Act 1911

City of Bunbury local laws

Policy

N/A

Date adopted

23 Jun 2015

Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

...

Amendments

Nil


Section 6: Delegation of Authority – Health (DAH)

Purpose

To specify delegation of authority to the Chief Executive Officer in respect of functions of the City’s Environmental Health Service concerning the Local Government Act 1995, Health Act 1911, Environmental Protection Act 1986, Fines and Penalties & Infringement Notices Enforcement Act 1994 and Food Act 2008.

To specify the appointment of “Authorised Persons” and delegation of authority to identified officers in respect of the functions of the Health Section of the City concerning the Caravan Parks and Camping Grounds Act 1995 and Caravan Parks and Camping Grounds Regulations 1999.


Health


Reference DAH01

Subject Discharge of Powers – Section 26 of the Health Act 1991

Category Health

Delegator

Council

Delegates

CEO

Sub-delegates


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

Date adopted

21 Dec 1999


Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments







Reference DAH02

Subject Treatment of Sewage and Disposal of Effluent and Liquid Waste

Category Health

Delegator

Council

Delegates

CEO

Sub-delegates




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

Date adopted

21 Dec 1999

Adoption references



Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

...

Amendments

Nil



Reference DAH03

Subject Caravan Parks and Camping Grounds

Category Health

Delegator

Council

Delegates

CEO

Sub-delegates







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

Date adopted

21 Dec 1999


Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

...

Amendments

Nil



Reference DAH04

Subject Caravan Parks and Camping Ground Regulations

Category Health

Delegator

Council

Delegates

CEO







Sub-delegates

...

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

Date adopted

21 Dec 1999

Adoption references



Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

...

Amendments

Nil



Reference DAH05

Subject Section 39 and Section 40 Certificates

Category Health

Delegator

Council

Delegates

CEO

Sub-delegates





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 Housing) Regulations 1992

Food Act 2008

Local Government (Miscellaneous Provisions) Act 1960

Building Act 2011


Local Planning Scheme


Policy

N/A

Date adopted

3 Feb 2004

Adoption references


Date of last review

8 Dec 2015

To be reviewed

30 Jun 2016

Date last amended

8 Dec 2015

Amendments





8 Dec 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.




Reference DAH06

Subject Section 55 Certificates

Category Health

Delegator

Council

Delegates

CEO

Sub-delegates





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



Policy

N/A


Date adopted

3 Feb 2004

Adoption references


Date of last review

8 Dec 2015

To be reviewed

30 Jun 2016

Date last amended

8 Dec 2015

Amendments





8 Dec 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.




Reference DAH07

Subject Discharge of Powers – Food Act 2008

Category Health

Delegator

Council

Delegates

CEO

Sub-delegates



Meat Inspectors




Power or Duty

(1) Under the provisions of Section 122(1)(b) of the Food Act 2008, Council appoints all Environmental Health

Officers employed with the City of Bunbury as ‘Authorised Officers’.

(2) Under the provision of Section 122(1)(a) of the Food Act 2008, Council appoints all Meat Inspectors

employed with the City of Bunbury as ‘Authorised Officers’ subject to the limitation that the authorisation

only applies to the meat inspection and such officers cannot undertake any enforcement activity under

the Food Act 2008 on behalf of the City.

(3) Under the provisions of Section 126(2) of the Food Act 2008, the Council designates the City’s ‘Authorised

Officers’ (with the exception of Meat Inspectors and Manager Environmental Health Services) to be

‘designated officers’ for the purpose of issuing ‘infringement notices’.

(4) The Council delegates authority to 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

(5) Under the provisions of Sections 126(6) and 126(7) of the Food Act 2008, Council designates Manager

Environmental Health Service and Director Planning, Development and Regulatory Services to be

‘designated officers’ to extend and revoke ‘infringement notices’.

(6) Under the provisions of Section 126(3) of the Food Act 2008, Council designates the Chief Executive

Officer as the ‘designated officer’ to receive payment from ‘infringement notices’.

(7) The Council delegates authority to the Chief Executive Officer to:

• Appoint authorised officers in accordance with section 122(1) 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 extend payment periods for infringement notices or withdraw

infringement notices in accordance with 126(6) and 126(7) of the Food Act 2008

• Appoint designated officers to receive payment from infringement notices under Section 126(3)(c) of the

Food Act 2008.

Conditions

Nil

Statutory Framework

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

Policy

N/A

Date adopted

9 Feb 2010


Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments


23 Jun 2015 Delegation is amended by virtue of some minor wording

changes.



Section 7: Delegation of Authority – Operations (DAO)

Purpose

To specify delegation of authority to the Chief Executive Officer in accordance with section 5.42 of the Local Government Act 1995 in respect of functions of the Operations Division of the City covering the Local Government Act 1995 and Regulations there under.


Operations


Reference DAO01

Subject Thoroughfare Submissions

Category Operations

Delegator

Council

Delegates

CEO

Sub-delegates



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

Date adopted

11 May 1999

Adoption references



Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments


23 Jun 2015 This delegation is amended to reflect the wording

recommended by the Department of Local Government.




Reference DAO02

Subject Purchase and Trade of Fleet Vehicles

Category Operations

Delegator

Council

Delegates

CEO

Sub-delegates


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


Part 6 Local Government Functions and General Regulations 1996

Policy

N/A

Date adopted

18 Dec 2001

Adoption references


Date of last review

23 Jun 2015


To be reviewed

30 Jun 2016

Date last amended

...

Amendments

Nil



Reference DAO03

Subject Sale of Subdivisional Land

Category Operations

Delegator

Council

Delegates

CEO

Sub-delegates

...

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

Date adopted

4 Nov 1996

Adoption references

1996

Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016


Date last amended

18 Mar 2014

Amendments


18 Mar 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.




Reference DAO04

Subject Conditions of Property Leases

Category Operations

Delegator

Council

Delegates

CEO

Sub-delegates

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

Date adopted

21 Dec 1999

Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016


Date last amended

23 Jun 2015

Amendments


23 Jun 2015 This delegation is amended to reflect correct references to

legislation.




Reference DAO05

Subject Closure of Private Right of Way

Category Operations

Delegator

Council

Delegates

CEO

Sub-delegates



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

Date adopted

21 Dec 1999

Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016


Date last amended

23 Jun 2015

Amendments


23 Jun 2015 Delegation is amended to reflect correct references to

legislation.




Reference DAO06

Subject Authority to Serve Notices to Owners or Occupiers of Land

Category Operations

Delegator

Council

Delegates

CEO

Sub-delegates












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

Date adopted

17 Sep 1990

Adoption references

1990

Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments


23 Jun 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.




Reference DAO07

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

Category Operations

Delegator

Council

Delegates

CEO

Sub-delegates




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

Date adopted

17 Sep 1990

Adoption references

1990


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments


18 Mar 2014 Increase the value of the asset in the first condition from

$30,000 to $50,000.


23 Jun 2015 This delegation is amended by virtue of some minor

wording changes.




Reference DAO08

Subject Works Undertaken in Streets

Category Operations

Delegator

Council

Delegates

CEO

Sub-delegates






Engineering Technical Officer (HR5016)

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 grant approval and impose conditions for works to be undertaken in the street by other

authorities, private organisations or individuals.

Conditions

• That the proposed works are legal and do not adversely affect the safety, functionality and aesthetics of the

street or adjoining properties to an unacceptable degree.

• The owners and occupiers of adjoining properties should be consulted as appropriate prior to approval being

determined.

• If there are objections to the proposal, it be referred to the Council for determination.

Statutory Framework


Policy

N/A

Date adopted

17 Sep 1998


Adoption references

1998

Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

...

Amendments

Nil



Reference DAO09

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

Category Operations

Delegator

Council

Delegates

CEO

Sub-delegates











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:

• 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

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

Date adopted

17 Sep 1990

Adoption references

1990

Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments


23 Jun 2015 Delegation has been amended to reflect correct references

to legislation.



Section 8: Delegation of Authority – Statutory Planning (DASP)

Purpose

To specify delegation of authority to the Chief Executive Officer in accordance with the Local Planning Scheme, Local Planning Policies, Planning and Development Act 2005, Planning and Development (Local Planning Scheme) Regulations 2015 and the Local Government Act 1995 in respect of the Town Planning functions of the City.


Statutory Planning


Reference DASP01

Subject Flood Prone Land

Category Statutory Planning

Delegator

Council

Delegates

CEO

Sub-delegates







Development Engineer


Power or Duty

Pursuant to the provisions of the Local Planning Scheme the Chief Executive Officer is delegated the authority to

determine matters relating to flood prone land as shown on the plans and administer Council’s Local Planning

Policies accordingly, with regard to matters relative to section 70A of the Transfer of Land Act 1893.

Conditions

Nil

Statutory Framework

Section 70A Transfer of Land Act 1893


Local Planning Policies

Policy

N/A


Date adopted

21 Dec 1999

Adoption references


Date of last review

8 Dec 2015

To be reviewed

30 Jun 2016

Date last amended

8 Dec 2015

Amendments


23 Jun 2015 Delegation is amended to include reference to local

planning policies.


8 Dec 2015 This delegation is amended to include reference to the

Local Planning Scheme, as per the Planning and

Development (Local Planning Schemes) Regulations 2015.




Reference DASP02

Subject Development Applications


Delegator

Council

Delegates

CEO

Sub-delegates





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 (Local Planning Schemes) Regulations 2015


Policy

N/A

Date adopted

7 Jul 1998

Adoption references



Date of last review

8 Dec 2015

To be reviewed

30 Jun 2016

Date last amended

8 Dec 2015

Amendments


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

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

8 Dec 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.




Reference DASP03

Subject Local Planning Scheme and Local Planning Policy Compliance


Delegator

Council

Delegates

CEO

Sub-delegates




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


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


Policy

N/A


Date adopted

7 Jul 1998

Adoption references


Date of last review

8 Dec 2015

To be reviewed

29 Jun 2016

Date last amended

8 Dec 2015

Amendments


23 Jun 2015 Delegation is amended to include the words Local Planning

Policies in the Title and Power/Duty.


8 Dec 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.




Reference DASP04

Subject Residential Design Codes


Delegator

Council

Delegates

CEO

Sub-delegates





Planning Officer(s)


Building Surveyor


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


State Planning Policy 3.1 Residential Design Codes 2010


Planning and Development (Local Planning Scheme) Regulations 2015


Policy

N/A


Date adopted

21 Dec 1999

Adoption references


Date of last review

8 Dec 2015

To be reviewed

30 Jun 2016

Date last amended

8 Dec 2015

Amendments


8 Jul 2014 Amend the wording within Power/Duty to reference current

legislation, namely Residential Design Codes 2010.


23 Jun 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 Dec 2015 This delegation is amended to reflect the correct legislation

reference as per the Planning and Development (Local

Planning Schemes) Regulations 2015.




Reference DASP05

Subject Reserve Administration


Delegator

Council

Delegates

CEO

Sub-delegates





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

Date adopted

21 Dec 1999

Adoption references



Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

23 Jun 2015

Amendments


23 Jun 2015 Delegation is amended to reflect correct referencing of the

City’s Town Planning Scheme.




Reference DASP06

Subject Planning and Development Act 2005 - Enforcement and Legal Proceedings


Delegator

Council

Delegates

CEO

Sub-delegates




Compliance Officer

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

Date adopted

21 Dec 1999


Adoption references


Date of last review

8 Dec 2015

To be reviewed

30 Jun 2016

Date last amended

8 Dec 2015

Amendments


23 Jun 2015 Delegation is amended to reflect correct referencing of

legislation.


8 Dec 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.




Reference DASP07

Subject Western Australian Planning Commission (“WAPC”) – Greater Bunbury Region Scheme

Approvals


Delegator

Council

Delegates

CEO

Sub-delegates





Power or Duty

Pursuant to the provisions of Section 16 of the Planning and Development Act 2005, the WAPC delegates to

local governments and to members and Officers of those local governments, within their respective districts, the

functions of the WAPC relating to 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 specified in Schedule 1

and development of a kind or class set out in a resolution of the WAPC under clause 27 of the Greater Bunbury

Region Scheme and specified in Schedule 2, subject to the terms set out in Schedule 3 and the definitions listed

in Schedule 4.

Pursuant to the provisions of Section 16 of the Planning and Development Act 2005, the Chief Executive Officer

is delegated the authority and power to make planning determinations in accordance with the Instrument of

Delegation per the resolution by the WAPC made 18 December 2007.

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

Date adopted

25 Nov 2008


Adoption references


Date of last review

23 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

...

Amendments

Nil



Reference DASP08

Subject Built Strata Applications


Delegator

Council

Delegates

CEO

Sub-delegates





Building Surveyor


Planning Officer(s)


Power or Duty

Pursuant to the provisions of Section 5.42 of the Local Government Act 1995, and in accordance with written

laws relating to planning, authority is delegated to the Chief Executive Officer to make decisions under Section

25 of the Strata Titles Act 1985 in respect of Built Strata applications except for those applications listed as

exceptions in WAPC Planning Bulletin 52/2009.

Conditions

Nil

Statutory Framework


Section 25 Strata Titles Act 1985

WAPC Planning Bulletin 52/2009



Policy

N/A


Date adopted

31 Jan 2012

Adoption references


Date of last review

8 Jun 2015

To be reviewed

30 Jun 2016

Date last amended

8 Dec 2015

Amendments


8 Dec 2015 This delegation is amended to include the words “and in

accordance with written laws relating to planning”.



Amendments

Reference Delegation Date Amendment References

DAB03 Deposit Material

on a Public Place

8 Jul 2014 Amend the wording within

Power/Duty to reference

current legislation, namely

Building Act 2011.

Council Decision

231/14

DAB03 Deposit Material

on a Public Place

23 Jun 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.

Council Decision

219/15

DACL03 Rangers

Authorisation

23 Jun 2015 Delegation amended to reflect

correct references to

legislation.

Council Decision

219/15

DACL04 Closure of Streets

for Parties or

Events



legislation.

Council Decision

219/15

DACL05 Bush Fires Act 23 Jun 2015 Delegation amended to

correctly reference the granting

of authority to perform the

functions of a local government

under the Bush Fires Act 1954.

Council Decision

219/15

DACL06 Cancellation of

Infringement

Notices



legislation.

Council Decision

219/15

DACL09 Legal

Proceedings

23 Jun 2015 Delegation has been amended

to reflect correct references to

legislation.

Council Decision

219/15


DACL10 Parking Related

Signs

23 Jun 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.

Council Decision

219/15

DAFM01 Payments from

Municipal and

Trust Funds

23 Jun 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).

Council Decision

219/15

DAFM02 Release of Bank

Guarantees


remove the word accept and

replace with release.

Council Decision

219/15

DAFM03 Investment of

Council Funds

23 Jun 2015 Delegation is amended to

provide authority to invest

Council funds in term deposits

in two (2) additional banks;

Bankwest and Bendigo.

Council Decision

219/15

DAFM04 Write off of

Moneys

23 Jun 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.

Council Decision

219/15


DAG01 Power to Accept

Tenders

23 Aug 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.

Council Decision

186/11


Tenders

27 Aug 2013 CEO to accept tenders received

up to $250,000

Council Decision

266/13


Tenders

18 Mar 2014 Add a new condition that

reads: Price variation approvals

are limited to 10% of the

contract price.

Council Decision

89/14


Tenders


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”.

Council Decision

219/15

DAG02 Gaming Permits 23 Jun 2015 Delegation amended by virtue

of some minor wording

changes and correct

referencing of legislation.

Council Decision

219/15

DAG03 Contract Price

Variations

8 Jul 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.

Council Decision

231/14


DAG05 Tender Variations 23 Jun 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.

Council Decision

219/15

DAG06 City of Bunbury

Art Collection –

Purchase and

Disposal of

Artworks

18 Mar 2014 Amend to remove the

reference to the Art Collection

Management Committee.

Council Decision

89/14

DAH01 Discharge of

Powers – Section

26 of the Health

Act 1991

23 Jun 2015 Delegation amended by virtue


changes and correct


Council Decision

219/15

DAH05 Section 39 and

Section 40

Certificates



changes and correct


Council Decision

219/15

DAH05 Section 39 and

Section 40

Certificates

8 Dec 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.

Council Decision

440/15

DAH06 Section 55

Certificates



changes and correct


Council Decision

219/15


DAH06 Section 55

Certificates


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.

Council Decision

440/15

DAH07 Discharge of

Powers – Food

Act 2008

23 Jun 2015 Delegation is amended by


changes.

Council Decision

219/15

DAO01 Thoroughfare

Submissions


reflect the wording

recommended by the

Department of Local

Government.

Council Decision

219/15

DAO03 Sale of

Subdivisional

Land

18 Mar 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.

Council Decision

89/14

DAO04 Conditions of

Property Leases


reflect correct references to

legislation.

Council Decision

219/15

DAO05 Closure of Private

Right of Way


reflect correct references to

legislation.

Council Decision

219/15

DAO06 Authority to

Serve Notices to

Owners or

Occupiers of

Land

23 Jun 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.

Council Decision

219/15

DAO07 Authority to Sell,

Lease or Dispose

of Plant,

Equipment and

Materials

18 Mar 2014 Increase the value of the asset

in the first condition from

$30,000 to $50,000.

Council Decision

89/14


DAO07 Authority to Sell,

Lease or Dispose

of Plant,

Equipment and

Materials

23 Jun 2015 This delegation is amended by


changes.

Council Decision

219/15

DAO09 Determine

Applications and

Apply Conditions

to Matters

Relating to Road

Reserves

23 Jun 2015 Delegation has been amended

to reflect correct references to

legislation.

Council Decision

219/15

DASP01 Flood Prone Land 23 Jun 2015 Delegation is amended to

include reference to local

planning policies.

Council Decision

219/15

DASP01 Flood Prone Land 8 Dec 2015 This delegation is amended to

include reference to the Local

Planning Scheme, as per the

Planning and Development

(Local Planning Schemes)

Regulations 2015.

Council Decision

440/15

DASP02 Development

Applications

18 Mar 2014 Amend to include reference to

“AA” use.

Council Decision

89/14

DASP02 Development

Applications


correct scheme text

referencing.

Council Decision

219/15

DASP02 Development

Applications

8 Dec 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.

Council Decision

440/15

DASP03 Local Planning

Scheme and

Local Planning

Policy

Compliance


include the words Local

Planning Policies in the Title

and Power/Duty.

Council Decision

219/15


DASP03 Local Planning

Scheme and

Local Planning

Policy

Compliance

8 Dec 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.

Council Decision

440/15

DASP04 Residential

Design Codes

8 Jul 2014 Amend the wording within

Power/Duty to reference

current legislation, namely

Residential Design Codes 2010.

Council Decision

231/14

DASP04 Residential

Design Codes

23 Jun 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.

Council Decision

219/15

DASP04 Residential

Design Codes


reflect the correct legislation

reference as per the Planning

and Development (Local

Planning Schemes) Regulations

2015.

Council Decision

440/15

DASP05 Reserve

Administration


reflect correct referencing of

the City’s Town Planning

Scheme.

Council Decision

219/15


DASP06 Planning and

Development Act

2005 -

Enforcement and

Legal

Proceedings


reflect correct referencing of

legislation.

Council Decision

219/15

DASP06 Planning and

Development Act

2005 -

Enforcement and

Legal

Proceedings

8 Dec 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.

Council Decision

440/15

DASP08 Built Strata

Applications


include the words “and in

accordance with written laws

relating to planning”.

Council Decision

440/15

R15DAB01 Fees for Copying

Building Plan(s)

23 Jun 2015 Delegation repealed - waiving

of fees and charges is already

provided for is delegation FM6

– Write off of Monies.

Council Decision

219/15

R15DAFM01 Commercial

Waste Fee

Structure

23 Jun 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.

Council Decision

219/15


R15DAG01 Power to

determine if

inspection of

information

would divert

substantial or

unreasonable

resources of the

organisation

23 Jun 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.

Council Decision

219/15

R15DASP01 Authority to

Interpret the

Marlston Hill

(Stage 3) Design

Guidelines

23 Jun 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.

Council Decision

219/15

R15DAB02 Awning Licence 23 Jun 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.

Council Decision

219/15

R15DAO02 Apportion

Responsibility of

Costs from

Works in the

Street

23 Jun 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).

Council Decision

219/15

R15DAB03 Veranda Over

Street

23 Jun 2015 Delegation repealed - the


applications for a veranda over

a street is provided in DAB1 –



this instance.

Council Decision

219/15


R15DACL03 Vehicle Parking

on Reserves



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.

Council Decision

219/15

R15DAB05 Building Permits 23 Jun 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.

Council Decision

219/15

R15DAFM05 Payment of

Accounts by

Electronic Funds

Transfer (“EFT”)

23 Jun 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).

Council Decision

219/15

R15DAH05 Street Trading /

Outdoor Eating

Areas


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.

Council Decision

219/15


R15DASP05 Approval of

Project Plans

23 Jun 2015 Delegation repealed - design

plans for projects or

components of projects are

required to comply with Town

Planning Scheme No.7 and


Delegated authority is

provided in DASP3 –

Development Applications and

DASP4 – Town Planning

Scheme No.7 and Local

Planning Policy Compliance. A



Council Decision

219/15

R15DAB06 Demolition

Permits


authority to approve or refuse

plans and specifications for a

demolition permit is provided

in DAB1 – Building Act 2011. A



Council Decision

219/15

R15DACL06 Illegally

Parked/Abandon

ed Vehicles


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


Council Decision

219/15

R15DAO06 Street Name

Register


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


Council Decision

219/15


R15DASP06 Family Care

Facilities

23 Jun 2015 Delegation repealed - Family

Care Facilities are required to

comply with Town Planning


Planning Policies. Delegated

authority is provided in DASP3

– Development Applications

and DASP4 – Town Planning

Scheme No 7 and Local




Council Decision

219/15

R15DAB07 Grant of

Occupancy

Permits and

Building

Approval

Certificates


authority to issue grant of

occupancy permits and

building approval certificates is

provided in DAB1 – Building

Act 2011. A separate


this instance.

Council Decision

219/15

R15DAG07 Extended Trading

Hours

23 Jun 2015 Delegation repealed - The City

of Bunbury now has

deregulated trading hours.

Council Decision

219/15

R15DASP07 Residential

Design Codes

2010

8 Jul 2014 Amend to include ‘multiple

dwellings’ and ‘ancillary

dwellings’ and also update the

reference within Power/Duty to

reflect current legislation.

Council Decision

231/14

R15DASP07 Residential

Design Codes

2010


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.

Council Decision

219/15


R15DAB08 Swimming Pool

Enclosure


authority to determine a

swimming pool enclosure is




this instance.

Council Decision

219/15

R15DACL08 Institute Legal

Proceedings


delegation has been

amalgamated into DACL15 –

Legal Proceedings, and is

therefore not required.

Council Decision

219/15

R15DAG08 Employment/Ma

nagement/Super

vision of Staff

23 Jun 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).

Council Decision

219/15

R15DAH08 Use of Reserve

Lands for Mobile

Needle and

Syringe Exchange

Activities

23 Jun 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.

Council Decision

219/15

R15DASP08 Home

Occupations

23 Jun 2015 Delegation repealed - home

occupations are required to

comply with Town Planning


Planning Policies. Delegated

authority is provided in DASP3

– Development Applications

and DASP4 – Town Planning





Council Decision

219/15


R15DAB09 Extensions of

Periods of

Duration


authority to grant extensions

of periods of duration for

occupancy permits and

building approval certificates is




this instance.

Council Decision

219/15

R15DACL09 Residential and

Visitor Parking



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.

Council Decision

219/15

R15DAG09 Use of Coat of

Arms


Standing Orders local law

regulates the use of the

common seal.

Council Decision

219/15

R15DAH09 Environmental

Health

Emergency

Management

Support Plan

23 Jun 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.

Council Decision

219/15

R15DAO09 Entry to Property 23 Jun 2015 This delegation is replaced by

DAG07 – Power of Entry, which

provides right of entry

authority pursuant to the Local

Government Act 1995,


2005, Building Act 2011, Dog

Act 1976, Cat Act 2011, Health

Act 1911 and the City of

Bunbury local laws.

Council Decision

219/15


R15DASP09 Town Planning

Conditions and

Bank Guarantees


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.

Council Decision

219/15

R15DAO10 Purchase and

Disposal of

Minor Plant and

Light Vehicles


delegation has been

amalgamated into DAO14 –

Authority to Sell, Lease or

Dispose of Plant, Equipment

and Materials.

Council Decision

219/15

R15DASP10 Bed and

Breakfast

Establishments

23 Jun 2015 Delegation repealed - bed and

breakfast establishments are

required to comply with Town

Planning Scheme No.7 and






Scheme No 7 and Local




Council Decision

219/15

R15DAB11 Building Orders 23 Jun 2015 Delegation repealed - the

authority to make building

orders in relation to building or

demolition work is provided in

DAB1 – Building Act 2011. A



Council Decision

219/15


R15DACL11 Signing of

Prosecutions


delegation has been

amalgamated into DACL15 –

Legal Proceedings, and is

therefore not required.

Council Decision

219/15

R15DAO11 Determine

Roadworks

Submissions


function of determining road

works submissions may be

authorised by the CEO in an

“acting through” capacity, and

does not require a delegation.

Council Decision

219/15

R15DASP11 Non-Conforming

Use of Land

23 Jun 2015 Delegation repealed - DASP4 –


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.

Council Decision

219/15

R15DAB12 Revocation of

Building Orders


authority to revoke building

orders is provided in DAB1 –

Building Act 2011. An

individual delegation is not


Council Decision

219/15

R15DAO12 Dangerous Trees

on Private

Property

23 Jun 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 –



(previously titled Works in

Streets). A separate delegation

is not required in this instance.

Council Decision

219/15


R15DASP12 Power of Entry 23 Jun 2015 Delegation repealed - this

delegation of authority is

replaced by DAG7 – Power of

Entry, which provides authority

pursuant to the Local





Act 1911 and City of Bunbury

local laws.

Council Decision

219/15

R15DAB13 Right of Entry 23 Jun 2015 Delegation repealed - replaced

by DAG7 – Power of Entry,

which provides right of entry

authority pursuant to the Local





Act 1911 and the City of

Bunbury local laws.

Council Decision

219/15

R15DACL13 Issuing of

Notices to

Owner/Occupiers


authority to issue notices

requiring certain things to be

done by an owner/occupier of

land is provided in DAO8 –



(previously titled as Works in

Streets). A separate delegation


Council Decision

219/15

R15DAO13 Placing Barriers

Across Streets


function of determining road

closures may be authorised by

the CEO in an “acting through”

capacity, and does not require

an individual delegation.

Council Decision

219/15


R15DASP13 Creation,

Subdivision or

Amalgamation of

Lots


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


Council Decision

219/15

R15DACL14 Keeping of more

than two dogs


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


this instance.

Council Decision

219/15

R15DASP15 Development

Proposals

Affecting Council

Property


development proposals

affecting Council vested

property (freehold or reserved)

are required to comply with


and Local Planning Policies.









Council Decision

219/15

R15DAO17 Vesting of Public

Reserves


vesting of a public reserve

created within the City of

Bunbury is referred to Council

for consideration, and does not

require an individual

delegation.

Council Decision

219/15


R15DAO18 Approval and

Assignment of

Property Leases

and Licences


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.

Council Decision

219/15

R15DASP18 Strata Title Form

No 7


function to endorse strata titles

in accordance with the Building

Act 2011 is covered under

delegated authority DAB1 –



this instance.

Council Decision

219/15