Attachments of Ordinary Council

Trim Ref: F12/255 / D16/15226 v1

Shire of Esperance

Delegated Authority Register

2016 / 2017

(Council to CEO)

Trim Ref: F12/256 / D10673

Introduction

The Delegations of Authority contained in this manual #D15/10673 Delegated Authority Register 2015/16 (Council to CEO) are made to the Chief Executive Officer pursuant to section 5.42 of the Local Government Act 1995 (the Act) and to Committees pursuant to section 5.16. Where listed some of these functions are delegated by the Chief Executive Officer to Shire of Esperance employees pursuant to section 5.44 of the Act. All delegations made by Council must be by absolute majority decision.

Following are decisions that cannot be delegated to the Chief Executive Officer:

· any power or duty that requires a decision of an absolute majority or 75% majority of the local government.

· accepting a tender which exceeds an amount determined by the local government.

· appointing an auditor.

· acquiring or disposing of any property valued at an amount determined by the local government.

· any of the local government’s powers under sections 5.98, 5.99 and 5.100 of the Act.

· borrowing money on behalf of the local government.

· hearing or determining an objection of a kind referred to in section 9.5.

· any power or duty that requires the approval of the Minister or Governor.

· such other duties or powers that may be prescribed by the Act.

The Act allows for the Chief Executive Officer to delegate any of their powers to another employee, this must be done in writing. The Act also allows the Chief Executive Officer to place conditions on any delegations if he desires. Referencing D16/15226 Delegated Authority Register 2016/17 (Council to CEO) a register of delegations, being #D15/10877 Delegated Authority Manual (CEO to Authorised Persons) has been created to differentiate between Council to CEO and CEO to Authorised Persons.

If a person is exercising a power or duty that they have been delegated, the Act requires them to keep records relating to the exercise of the power or discharge of the duty. The written record is to contain:

· how and when the person exercised the power or discharged the duty; and

· the persons or classes of persons, other than council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.

The aim of the Register of Delegated Authority is to assist with improving the time taken to make decisions within the constraints allowed by the relevant legislation. This is consistent with the Shire’s commitment to a strong customer service focus.

The register details the related document(s) where the power to delegate is derived from, which includes legislation and policies of the Council. This enables easier cross-referencing.

This Register’s of Delegated Authority will be reviewed in accordance with the Act on an annual basis.

Table of Contents

COUNCIL DELEGATIONS

1.1 Accept and allow minor variation of tenders (s.5.43(b). 5

1.2 Actions against land where rates or service charges unpaid (s.6.64). 6

1. 3 Agreement as to payment of rates and service charges (s.6.49). 7

1. 4 Appoint authorised persons (s.3.24 & S.9.10). 8

1. 5 Powers of Entry (Part 3). 9

1. 6 Certain provisions about land (s.3.25 & s.3.27). 10

1. 7 Enforcement and legal proceedings (s.9.11, 9.13, 9.16, 9.19, 9.20 & 9.24). 11

1. 8 Closing certain thoroughfares to vehicles (s.3.50). 12

1. 9 Declaring a vehicle as an abandoned vehicle wreck (s.3.40A). 13

1. 10 Consumption of liquor on council property (s.3.18). 14

1. 11 Disposal of surplus equipment, materials, tools etc. (s.3.18). 15

1. 12 Donations (s.3.18). 16

1. 13 Acting Chief Executive Officer (s.3.18). 17

1. 14 Gate permits (s.3.18). 18

1. 15 Disposing of confiscated or uncollected goods (s.3.47). 19

1. 16 Disposing of property (s.3.58 (5)(d). 20

1. 17 Financial management provisions: Investment of funds (s.6.14). 22

1. 18 Inviting tenders (s.3.57(1). 23

1. 19 Local government may require lessee to pay rent (s.6.60). 24

1. 20 Local laws administration (s.3.18). 25

1. 21 Objection to the rate record (s.6.76 (4)(5)(6). 27

1. 22 Payment of accounts (s.6.5). 28

1. 23 Partial closure of thoroughfare for repairs and maintenance (s.3.50). 29

1. 24 Power to remove, impound goods and recover expenses (s.3.39 & s.3.48). 30

1. 25 Power to write off debts (s.6.12 (1)(c). 31

1. 26 Private works on, over, or under public places (s.9.60). 32

1. 27 Rates or service charges recoverable in court (s.6.56). 33

1. 28 Requirement to construct and repair crossing (s.9.60(4). 34

1. 29 Sick or injured animals, disposal of (s.3.48A). 35

BUILDING ACT 2011. 36

2.1 Appointment of Authorised Persons (s.96(3). 36

BUILDING ACT 2011. 37

2.2 Powers pursuant to the Building Act 2011. 37

HEALTH ACT 1911. 39

3.1 Appointment of officers (Deputy) (s.27(5). 39

PLANNING AND DEVELOPMENT ACT 2005. 40

4.1 Designated persons, appointment of (s.234). 40

4.2 General administration powers. 41

4.3 Infringement notices – Planning (s.228). 45

4.4 Manage Infringement notices – Planning (s.229, s.230 & s.231). 46

4.5 Shire of Esperance signs (s.5.42 & s.5.43). 47

BUSH FIRES ACT 1954. 48

5.1 Performing functions of the Local Government (Bush Fires Act 2005) (s.48). 48

5.2 Appointment of Bush Fire Control Officers s.38(1). 49

5.3 Bush Fire Control Officers are authorised to perform s.33 and s.59A of the Bush Fires Act 1954..................................................................................................................................................50

FOOD ACT 2008. 51

6.1 Appoint authorised officers (s.122 & s.126). 51

6.2 Prohibition orders (s.65(1), s.66 & s.67(4). 53

6.3 Registration of food business (s.110(1)(5) & S.112). 55

6.4 Prosecutions (s.118(2)(b), S.118(3) & s.118(4). 57

7.1 Appoint authorised officers (Animal Welfare Act 2002) (s.33). 58

8.1 Staff and Service, Power to seize dogs (Dog Act 1976) (s.11 & s.29). 59

9.1 Authorised officers, appointment and jurisdiction of etc. (Litter Act 1979) (s.26). 60

10.1 Powers of inspectors (Spear-guns Control Act 1955) (s.7). 61

11.1 Delegation by local government (Cat Act 2011) (s.44). 62

12.1 Pounds, establishing; poundkeepers and rangers, appointing (Local Government (Miscellaneous Provisions) Act 1960) (s.449). 63

LOCAL GOVERNMENT ACT 1995

		1.1 Accept and allow minor variation of tenders (s.5.43(b)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			The authority to accept and allow a minor variation to tenders for the acquisition of goods and services.
Statutory Power being Delegated:			Local Government Act 1995 s.5.43(b) – accepting a tender which exceeds an amount determined by the local government for the purpose of this paragraph
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO s.5.43 – Limitations on delegations to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			1. Any goods and services (other than land) valued at an amount not exceeding $150,000 provided that appropriate provision is made on Council’s annual budget. 2. Accept minor variation of contract (up to 10%) without the need to again invite tenders.
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 Local Government (Functions and General) Regulations 1996 Pt 4 D.2 r.11 Council Policy CORP 007: Procurement Policy
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - February 2004, Resolution # O0204-0769			5.	Reviewed - June 2013, Resolution # O0613-012
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – May 2015, Resolution # O0515-026
3.	Amended - February 2011, Resolution # O0211-1575			7.	Reviewed – July 2016, Resolution #
4.	Reviewed - May 2012, Resolution # AP0412-005			8.

		1.2 Actions against land where rates or service charges unpaid (s.6.64)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			A local government may commence proceedings if any rates or service charges which are due in respect of any rateable land, have been unpaid for at least 3 years.
Statutory Power being Delegated:			Local Government Act 1995 s.6.64 – Actions to be taken
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers and duties to the CEO s.5.43 – Limitations on delegations to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - February 2004, Resolution # O0204-0769			5.	Reviewed - June 2013, Resolution # O0613-012
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – May 2015, Resolution # O0515-026
3.	Amended - February 2011, Resolution # O0211-1575			7.	Reviewed – July 2016, Resolution #
4.	Reviewed - May 2012, Resolution # AP0412-005			8.

		1. 3 Agreement as to payment of rates and service charges (s.6.49)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			Authority to accept payment of a rate or service charge due and payable by a person in accordance with an agreement made with the person.
Statutory Power being Delegated:			Local Government Act 1995 Local Government Act 1995 s.6.49 – Agreement as to payment of rates and service charges
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers and duties to the CEO s.5.43 – Limitations on delegations to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - February 2004, Resolution # O0204-0769			5.	Reviewed – May 2015, Resolution # O0515-026
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – July 2016, Resolution #
3.	Reviewed - May 2012, Resolution # AP0412-005			7.
4.	Reviewed - June 2013, Resolution # O0613-012			8.

		1. 4 Appoint authorised persons (s.3.24 & S.9.10)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			To appoint and authorise employees to exercise the powers and duties set out in the Local Government Act 1995 as listed hereunder;
Statutory Power being Delegated:			Local Government Act 1995 s.3.24 – Authorising Officers under Part 3, Division 3, Subdivision 2 s.9.10 – Appointment of authorised persons
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers and duties to the CEO s.5.43 – Limitations on delegations to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

		1. 5 Powers of Entry (Part 3)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			To give effect to powers of entry as required in performing the functions of the Local Government Act 1995.
Statutory Power being Delegated:			Local Government Act 1995 Part 3, Division 3, Subdivision 3 – Powers of Entry
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers and duties to the CEO s.5.43 – Limitations on delegations to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

		1. 6 Certain provisions about land (s.3.25 & s.3.27)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			(1) A local government may give a person who is the owner or, unless Schedule 3.1 indicates otherwise, the occupier of land a notice in writing relating to the land requiring the person to do anything specified in the notice that — (a) is prescribed in Schedule 3.1, Division 1; or (b) is for the purpose of remedying or mitigating the effects of any offence against a provision prescribed in Schedule 3.1, Division 2. (2) A local government may, in performing its general function, do any of the things prescribed in Schedule 3.2 even though the land on which it is done is not local government property and the local government does not have consent to do it.
Statutory Power being Delegated:			Local Government Act 1995 s.3.25 – Notices requiring certain things to be done by owner or occupier of land s.3.27 – Particular things local governments can do on land that is not local government property
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers and duties to the CEO s.5.43 – Limitations on delegations to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

		1. 7 Enforcement and legal proceedings (s.9.11, 9.13, 9.16, 9.19, 9.20 & 9.24)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			Authorised employees can exercise the powers and duties of a local government to administer and enforces the provisions of the Act.
Statutory Power being Delegated:			Local Government Act 1995 s.9.11 – Persons found committing breach of Act to give name on demand s.9.13 – Onus of proof in vehicle offences may be shifted s.9.16 – Notice, giving of to alleged offender s.9.19 – Extension of time s.9.20 – Withdrawal of notice s.9.24 – Prosecutions, commencing
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers and duties to the CEO s.5.43 – Limitations on delegations to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

		1. 8 Closing certain thoroughfares to vehicles (s.3.50)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			A local Government may close a thoroughfare to vehicles wholly or partially, for a period not exceeding four weeks.
Statutory Power being Delegated:			Local Government Act 1995 s.3.50 – Closing certain thoroughfares to vehicles
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO s.5.43 – Limitations on delegations to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - February 2004, Resolution # O0204-0769			5.	Reviewed – May 2015, Resolution # O0515-026
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – July 2016, Resolution #
3.	Reviewed - May 2012, Resolution # AP0412-005			7.
4.	Reviewed - June 2013, Resolution # O0613-012			8.

		1. 9 Declaring a vehicle as an abandoned vehicle wreck (s.3.40A)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			Declaring a vehicle an abandoned wreck and disposing of any confiscated or impounded goods in accordance with s.3.40A(4).
Statutory Power being Delegated:			Local Government Act 1995 s.3.40A - Abandoned vehicle wreck may be taken
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO s.5.43 – Limitations on delegations to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted – March 2009, Resolution # O0309-1572			5.	Reviewed – May 2015, Resolution # O0515-026
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – July 2016, Resolution #
3.	Reviewed - May 2012, Resolution # AP0412-005			7.
4.	Reviewed - June 2013, Resolution # O0613-012			8.

		1. 10 Consumption of liquor on council property (s.3.18)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			The Chief Executive Officer is delegated authority to approve applications for the consumption of liquor from property under the care, control and management of the Council.
Statutory Power being Delegated:			Local Government Act 1995 s.3.18 – Performing Executive Functions
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO s.5.43 – Limitations on delegations to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 Liquor Control Act 1988 s.39 Certificate of Local Government
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

		1. 11 Disposal of surplus equipment, materials, tools etc. (s.3.18)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			The authority to sell, by calling for expressions of interest, holding of a surplus goods sale at Council’s Depot, or any other fair means, items of surplus equipment, materials, tools, etc which are no longer required, or are outmoded, or are no longer serviceable.
Statutory Power being Delegated:			Local Government Act 1995 s.3.18 – Performing Executive Functions
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO s.5.43 – Limitations on delegations to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			This delegation applies only to items with an estimated value less than $6,000.
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

		1. 12 Donations (s.3.18)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			Authority to allocate amounts within the Community Grant Program Support Category from the CGP (Community Grants Program). Ad Hoc Fund for donations, sponsorship, trophies and other such minor requests which promote community development. Applications for donations will be accepted all year round.
Statutory Power being Delegated:			Local Government Act 1995 s.3.18 – Performing Executive Functions
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO s.5.43 – Limitations on delegations to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Chief Executive Officer must obtain consent from Shire President
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

		1. 13 Acting Chief Executive Officer (s.3.18)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			Authority to appoint a Director as Acting Chief Executive Officer during periods of leave.
Statutory Power being Delegated:			Local Government Act 1995 s.3.18 – Performing Executive Functions
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO s.5.43 – Limitations on delegations to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			The maximum period of leave to be no greater than 5 weeks.
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

		1. 14 Gate permits (s.3.18)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			Authority to deal with gate permits in accordance with legislative requirements.
Statutory Power being Delegated:			Local Government Act 1995 s.3.18 – Performing Executive Functions
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO s.5.43 Limitations on delegations to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 Local Government (Uniform Local Provisions) Regulations 1996 Sch.9.1 cl.5(1)
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

		1. 15 Disposing of confiscated or uncollected goods (s.3.47)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			If any goods have not been collected in accordance with a notice given, the Local Government may sell or otherwise dispose of them.
Statutory Power being Delegated:			Local Government Act 1995 s.3.47 – (2a) The local government may sell or otherwise dispose of impounded goods that have not been collected within the period specified in subsection (2b) of — (a) a notice having been given under section 3.42(1)(b) or 3.44; or (b) being impounded if the local government has been unable, after making reasonable efforts to do so, to give that notice to the alleged offender. (2b) The period after which goods may be sold or otherwise disposed of under subsection (2a) is — (a) for perishable goods — 3 days; (b) for animals — 7 days; (c) for other non-perishable goods — 2 months.
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers & duties to other employees
CEO’s Sub-Delegation to:			Nil
CEO’s Conditions on Sub-delegation:			Nil
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - February 2004, Resolution # O0204-0769			5.	Reviewed – May 2015, Resolution # O0515-026
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – July 2016, Resolution #
3.	Reviewed - May 2012, Resolution # AP0412-005			7.
4.	Reviewed - June 2013, Resolution # O0613-012			8.
		1. 16 Disposing of property (s.3.58)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			1. Authority to dispose of property to: (a) the highest bidder at public auction [s.3.58(2)(a)]; or (b) the person who at public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender [s.3.58(2)(b)]. 2. Authority to dispose of property by direct negotiation only in accordance with section 3.58(3) of the Act [s3.58(3)].
Statutory Power being Delegated:			Local Government Act 1995 s.3.58 (2) and (3) Disposing of Property
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO s.5.43 – Limitations on delegations to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			1. This delegation may only be used where the disposal complies with the requirements of: a. Section 3.58 of the Local Government Act 1995; b. Regulation 30 of the Local Government (Functions and General) Regulations 1996; 2. Authority for the Disposal of land and / or building assets is limited to matters specified in the Annual Budget or Corporate Business Plan and in any other case, requires a specific resolution of Council. 3. The Chief Executive Officer is limited to determining disposals of property (including land assets) for any single project, or where not part of a project a single event, to an aggregated maximum material value of $500,000. 4. Authority to determine the method of disposal: a. Where a public auction is determined as the method of disposal: i. a reserve price has been set through independent valuation; ii. where the reserve price is not achieved at auction negotiation may be undertaken to achieve the sale of the property at up to a 10% variation on the set reserve price. b. Where a public tender is determined as the method of disposal and the tender does not achieve a reasonable price for the disposal of the property, then the CEO is to determine if better value could be achieved through another disposal method and if so, must determine not to accept any tender and use an alternative disposal method. c. Where a direct negotiation is determined [s.3.58(3)] as the method of disposal, authority to: i. negotiate the sale of the property up to a 10% variance below the valuation; and ii. consider any public submissions received and determine if to proceed with the disposal, ensuring that the reasons for such a determination are recorded. 5. Where the material market value of the property is determined as being less than $20,000 (Reg.30(3) excluded disposal) may be undertaken: i. without reference to Council resolution; and ii. in any case be undertaken to ensure that best value return is achieved for the Shire however, where the property is determined as having a nil material market value, then the disposal must ensure the Shire achieves an environmentally responsible disposal.
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Function and General Regulations 1996. Regulation 30 Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted – May 2010, Resolution # O0510-1456			6.	Reviewed – May 2015, Resolution # O0515-026
2.	Reviewed - February 2011, Resolution # O0211-1575			7.	Reviewed – July 2016, Resolution #
3.	Reviewed - May 2012, Resolution # AP0412-005			8.
4.	Reviewed – December 2012, Resolution # O1212-062
5.	Reviewed - June 2013, Resolution # O0613-012

		1. 17 Financial management provisions: Investment of funds (s.6.14)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			A local government is to establish and document internal control procedures to be followed by employees to ensure control over investments. Chief Executive Officer to have authority to temporarily invest surplus funds with various banking institutions as provided in Shire of Esperance Policy CORP 002: Financial Management.
Statutory Power being Delegated:			Local Government Act 1995 s.6.14 – Power to invest
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995, Part 6, Division 4 Local Government (Financial Management) Regulations 1996, Sect 19 Council Policy CORP 002: Financial Management
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - February 2004, Resolution # O0204-0769			5.	Reviewed – May 2015, Resolution # O0515-026
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – July 2016, Resolution #
3.	Reviewed - May 2012, Resolution # AP0412-005			7.
4.	Reviewed - June 2013, Resolution # O0613-012			8.

		1. 18 Inviting tenders (s.3.57(1)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			A local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply goods and services (subject to goods and services being provided for within the budget documentation).
Statutory Power being Delegated:			Local Government Act 1995 s.3.57(1) – Inviting Tenders
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers & duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 Part 3, Division 3, s.3.57. Local Government (Functions & General) Regulations 1996 Part 4, Div 2, r.11
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - February 2004, Resolution # O0204-0769			5.	Reviewed – May 2015, Resolution # O0515-026
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – July 2016, Resolution #
3.	Reviewed - May 2012, Resolution # AP0412-005			7.
4.	Reviewed - June 2013, Resolution # O0613-012			8.

		1. 19 Local government may require lessee to pay rent (s.6.60)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			A local government may require a lessee to pay rent to the Council in satisfaction of rates or service charges due and payable.
Statutory Power being Delegated:			Local Government Act 1995 s.6.60 – Local Government may require lessee to pay rent
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 CEO may delegate some powers & duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - February 2004, Resolution # O0204-0769			5.	Reviewed – May 2015, Resolution # O0515-026
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – July 2016, Resolution #
3.	Reviewed - May 2012, Resolution # AP0412-005			7.
4.	Reviewed - June 2013, Resolution # O0613-012			8.

		1. 20 Local laws administration (s.3.18)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			A local government may delegate to the Chief Executive Officer the exercise of any of its powers or duties to administer and to do all things necessary to enact on the Shire of Esperance Local Laws
Statutory Power being Delegated:			Local Government Act 1995 s.3.18 – Performing executive functions
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			The following powers be reserved to the Council: Property Local Law: i) make a determination under Part 2; ii) enter into an agreement with a permit holder in respect of ownership of materials in a building (clause 3.7); iii) restrict use of the airport through a designation under clause 5.10(2); iv) hear an objection under Part 7; v) appoint authorised persons who are not employees under section 9.10 of the Local Government Act; and vi) Determine forms to be used in the administering of the Local Law. Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law: i) require any person to fence land adjoining a public place or local government property at his/ her expense (see clause 2.16); ii) declare a thoroughfare to be a “flora road” under clause 5.3; iii) designate a thoroughfare or part of a thoroughfare as ‘ a special environmental area’ under clause 5.7; iv) grant any exemptions under clause 6.7(3); v) adopt or vary policy containing conditions subject to which an application for a permit may be approved under clauses 7.2(1)(a) and 7.4; vii) hear an objection (see clause 8.1); viii) appoint authorised persons who are not employed under section 9.10 of the Local Government Act; and ix) Determine forms to be used in the administering of the Local Law. Extractive Industries Local Law i) issue of refusal of a license under clause 3.1(2) of the Local Law; ii) determination of a license period under clause 3.1(3)(a) of the Local Law; iii) cancellation of a license under clause 4.2(1) of the Local Law; and iv) renewal or refusal to renew a license under clause 4.3(3) of the Local Law.
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers & duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 Local Laws Relating to Local Government Property Local Laws Relating to Activities on Thoroughfares and Trading in Thoroughfares and Public Places Extractive Industries Local Law Local Laws Relating to Fencing Local Laws Relating to Parking Facilities Local Laws Relating to Dogs Local Laws Relating to Private Property Local Laws Relating to Cemeteries
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - February 2004, Resolution # O0204-0769			5.	Reviewed – May 2015, Resolution # O0515-026
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – July 2016, Resolution #
3.	Reviewed - May 2012, Resolution # AP0412-005			7.
4.	Reviewed - June 2013, Resolution # O0613-012			8.

		1. 21 Objection to the rate record (s.6.76 (4)(5)(6)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			1. The local government may, on application by a person proposing to make an objection to the rate record, extend the time for making the objection for such period as it thinks fit. 2. The local government is to promptly consider any objection to the rate record and may either disallow it or allow it, wholly or in part. 3. After making a decision on the objection to the rate record, the local government is to promptly serve upon the person by whom the objection was made written notice of its decision on the objection and a statement of its reason for that decision.
Statutory Power being Delegated:			Local Government Act 1995 s.6.76 (4) (5) (6) – Grounds of objection
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - February 2004, Resolution # O0204-0769			5.	Reviewed – May 2015, Resolution # O0515-026
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – July 2016, Resolution #
3.	Reviewed - May 2012, Resolution # AP0412-005			7.
4.	Reviewed - June 2013, Resolution # O0613-012			8.

		1. 22 Payment of accounts (s.6.5)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			A local government is to develop procedures for the payment of accounts to ensure that there is effective security for, and properly authorised use of municipal funds as per: The Chief Executive Officer is delegated authority to make payments from the Municipal Fund or the Trust Fund. Each payment from the Municipal Fund or the Trust fund is to be noted on a list compiled for each month showing; a) the payees name; b) the amount of the payment; c) the date of the payment; and d) sufficient information to identify the transaction.
Statutory Power being Delegated:			Local Government Act 1995 s.6.5 – Accounts and records
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			The list referred to in the function delegated is to be presented to the Council at the next Ordinary Meeting of the Council following the preparation of the list and is to be recorded in the Minutes of the meeting at which it is presented.
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 s.11 Local Government (Financial Management) Regulations 1996
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - February 2004, Resolution # O0204-0769			5.	Reviewed – July 2016, Resolution #
2.	Reviewed - February 2010, Resolution # O0210-1400			6.
3.	Reviewed - June 2013, Resolution # O0613-012			7.
4.	Reviewed – May 2015, Resolution # O0515-026			8.

		1. 23 Partial closure of thoroughfare for repairs and maintenance (s.3.50)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			Notwithstanding Section 3.50, a local government may partially and temporarily close a thoroughfare, without giving local public notice, if the closure is: (a) for the purpose of carrying out repairs or maintenance; or (b) unlikely to have a significant adverse effect on users of the thoroughfare.
Statutory Power being Delegated:			Local Government Act 1995 s.3.50 – Closing certain thoroughfares to vehicles
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - February 2004, Resolution # O0204-0769			5.	Reviewed – May 2015, Resolution # O0515-026
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – July 2016, Resolution #
3.	Reviewed - May 2012, Resolution # AP0412-005			7.
4.	Reviewed - June 2013, Resolution # O0613-012			8.

		1. 24 Power to remove, impound goods and recover expenses (s.3.39 & s.3.48)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			Authority to remove and impound any goods that are involved in a contravention that can lead to impounding. If the goods removed and impounded under Section 3.39 and the alleged offender is convicted, the local government may, by action in a court of competent jurisdiction, recover from the alleged offender the expenses incurred by the local government in removing and impounding them and in disposing of them.
Statutory Power being Delegated:			Local Government Act 1995 s.3.39 – Power to remove and impound s.3.48 – Impounding expenses, recovery of
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - February 2004, Resolution # O0204-0769			5.	Reviewed – May 2015, Resolution # O0515-026
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – July 2016, Resolution #
3.	Reviewed - May 2012, Resolution # AP0412-005			7.
4.	Reviewed - June 2013, Resolution # O0613-012			8.

		1. 25 Power to write off debts (s.6.12 (1)(c)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			A local government may write off any amount of money which is owed to the local government, as per following conditions.
Statutory Power being Delegated:			Local Government Act 1995 s 6.12(1)(c) – write off any amount of money
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			The Chief Executive Officer be delegated authority to write off debts up to a value of $1,000.00 conditional upon the Chief Executive Officer exhausting all avenues of debt recovery action.
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - February 2004, Resolution # O0204-0769			5.	Reviewed – May 2015, Resolution # O0515-026
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – July 2016, Resolution #
3.	Reviewed - May 2012, Resolution # AP0412-005			7.
4.	Reviewed - June 2013, Resolution # O0613-012			8.

		1. 26 Private works on, over, or under public places (s.9.60)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			A local government may grant permission to construct anything on, over or under a public thoroughfare or other public place that is local government property.
Statutory Power being Delegated:			Local Government Act 1995 s.9.60 – Regulations that operate as local laws Sch 9.1 Cl.8 Private works on, over, or under public places
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - February 2004, Resolution # O0204-0769			5.	Reviewed – May 2015, Resolution # O0515-026
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – July 2016, Resolution #
3.	Reviewed - May 2012, Resolution # AP0412-005			7.
4.	Reviewed - June 2013, Resolution # O0613-012			8.

		1. 27 Rates or service charges recoverable in court (s.6.56)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			If a rate or service charge remains unpaid after it becomes due and payable, the local government may recover it, as well as the costs of proceedings, if any, for that recovery, in a court of competent jurisdiction. As part of the legal recovery of rates and charges in court, documents such as summonses and warrants are required to be duly authorised.
Statutory Power being Delegated:			Local Government Act 1995 s.6.56. Rates or service charges recoverable in court
Power is originally assigned to:			Local Government
Statutory Power of Delegation			s.5.42 Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 CEO may delegate some powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - February 2004, Resolution # O0204-0769			5.	Reviewed – May 2015, Resolution # O0515-026
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – July 2016, Resolution #
3.	Reviewed - May 2012, Resolution # AP0412-005			7.
4.	Reviewed - June 2013, Resolution # O0613-012			8.

		1. 28 Requirement to construct and repair crossing (s.9.60(4)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			A local government may give a person who is the owner or occupier of private land a notice in writing requiring the person to construct or repair a crossing from a public thoroughfare.
Statutory Power being Delegated:			Local Government Act 1995 s.9.60(4) – Regulations that operate as local laws Schedule 9.1 Clause 7(3)
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - February 2004, Resolution # O0204-0769			5.	Reviewed – May 2015, Resolution # O0515-026
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – July 2016, Resolution #
3.	Reviewed - May 2012, Resolution # AP0412-005			7.
4.	Reviewed - June 2013, Resolution # O0613-012			8.

		1. 29 Sick or injured animals, disposal of (s.3.48A)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			(1) If an impounded animal is ill or injured to such an extent that treating it is not practicable the local government may humanely destroy the animal and dispose of the carcass. (2) A local government must not destroy an animal under subsection (1) unless — (a) because of the state of the animal, destroying it is urgent; or (b) the local government has — (i) taken reasonable steps to notify the owner; and (ii) whether or not notice has been given under subparagraph (i), allowed the owner a reasonable opportunity to collect the animal. (3) Subsection (2)(b) does not justify the destruction of an animal before it has been impounded for at least 7 days.
Statutory Power being Delegated:			Local Government Act 1995 s.3.48A – Sick or injured animals, disposal of
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted – July 2015, Resolution # O0715-017			5.
2.	Reviewed – July 2016, Resolution #			6.
3.				7.
4.				8.

BUILDING ACT 2011

		2.1 Appointment of Authorised Persons (s.96(3)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			To appoint and authorise employees to exercise the powers and duties set out in the Building Act 2011
Statutory Power being Delegated:			Building Act 2011 s.96(3) Authorised person for the purposes of this Act in relation to buildings and incidental structures or proposed to be located, in the district of the local government
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO Building Act 2011 s.127 – Delegation: Special Permit Authorities and Local Governments
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Building Act 2011
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted – July 2012, Resolution # O0712-065			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

BUILDING ACT 2011

		2.2 Powers pursuant to the Building Act 2011
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			To undertake the powers of the Local Government for the following sections of the Building Act 2011.
Statutory Power being Delegated:			s.19 Certificate of design compliance s.20 Grant of building permit s.21 Grant of demolition permit s.22 Further grounds for not granting an application s.24 Notice of decision not to grant building or demolition permit s.27 (1)&(3) Conditions imposed by permit authority s.32 Duration of building or demolition permit (consider application to extend time) s.55 Further information s.56 Certificate of construction compliance s.57 Certificate of building compliance s.58 Grant of occupancy permit, building approval certificate s.60 Notice of decision not grant occupancy permit or grant building approval certificate s.62(1)&(3) Conditions imposed by permit authority s.65 Extension of period of duration s.88(3) Finishes of walls close to boundaries s.100 Entry powers s.101 Powers after entry for compliance purposes s.102 Obtaining information and documents s.103 User of force and assistance s.104 Directions generally s.110 Building Orders s.111(1) Notice of proposed building order other than a building order (emergency) s.117 Revocation of building order s.118 Permit authority may give effect to building order if non-compliance s.131(2) Inspection, copies of building records
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO Building Act 2011 s.127 – Delegation: Special Permit Authorities and Local Governments
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Building Act 2011
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted – July 2012, Resolution # O0712-065			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2015, Resolution # O0715-017			7.
4.	Reviewed – July 2016, Resolution #			8.

HEALTH ACT 1911

		3.1 Appointment of officers (Deputy) (s.27(5)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			To exercise and discharge all or any of the powers and functions of the local government for such time and subject to such conditions and limitations (if any) as the local government shall see fit under this Act. Such appointment shall not affect the exercise or discharge by the local government itself of any power or function.
Statutory Power being Delegated:			Health Act 1911 s.27(5) – Officers of local government
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Health Act 1911 s.26 – Powers of local government
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Health Act 2011
Delegation Administration:
	Decision Reference				Decision Reference
1.	Reviewed – May 2015, Resolution # O0515-026			5.
2.	Reviewed – July 2016, Resolution #			6.
3.				7.
4.				8.

PLANNING AND DEVELOPMENT ACT 2005

		4.1 Designated persons, appointment of (s.234)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			To appoint and authorise employees to exercise the powers and duties set out in the Planning and Development Act 2005 (1) The chief executive officer of a responsible authority may, in writing, appoint persons or classes of persons to be designated persons for the purposes of section 228, 229, 230 or 231 or for the purposes of 2 or more of those sections. (2) A person who is authorised to give infringement notices under section 228 is not eligible to be a designated person for the purposes of any of the other sections.
Statutory Power being Delegated:			Planning and Development Act 2005 s.234 – Appointment of designated persons
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 Planning and Development Act 2005
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

PLANNING AND DEVELOPMENT ACT 2005

		4.2 General administration powers
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			Unless the specific power may only be exercised by the Council itself (or is not permitted to be delegated under the provisions of the Local Government Act), the Council hereby delegates authority under Clause 82 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 to the Chief Executive Officer^{^[1]} to administer the Scheme and exercise discretionary powers to conditionally or unconditionally approve (or recommend approval for) the following subject to the delegate/s actions being in accordance with the Act, the Scheme, the Acceptable Development requirements of the Residential Design Codes and variations that satisfy the Objectives and Performance Criteria of the Codes, relevant Local Laws and adopted Planning Strategies or Policies: a) Except for new buildings in the Central Area unless under a value of $1,000,000 and/or a place of Heritage Value under Part 7 of the Scheme, development^{^[2]} and land use applications: · where advertising is not necessary; · for which advertising is necessary and there are no objections; · for which advertising is necessary and any comments can be resolved through negotiation with the applicant or appropriately conditioned on the planning consent; · for which advertising is necessary and objections are received which are determined to be frivolous or vexatious by the Chief Executive Officer; · for which comments have been sought from any Government instrumentalities and those recommendations have been satisfactorily addressed or appropriately conditioned on the planning consent. b) Unless the specific power may only be exercised by the Council itself (or is not permitted to be delegated under the provisions of the Local Government Act), the Council hereby delegates authority under Clause 82 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 to the Chief Executive Officer^{^[3]} to administer the Scheme and exercise discretionary powers to refuse (or recommend refusal for) the following subject to the delegate/s actions being in accordance with the Act, the Scheme, the Acceptable Development requirements of the Residential Design Codes and variations that satisfy the Objectives and Performance Criteria of the Codes, relevant Local Laws and adopted Planning Strategies or Policies: · Where a planning application is received that is classified as “X’ or non-permitted under the provisions of Local Planning Scheme No. 23. · Where a request for further information has not been responded to in accordance with Policy DEV-PS 003. · Where a planning application is received that is not mentioned in the Zoning and Land Use Table and is not consistent with the objectives of the particular zone. c) Commence advertising of any proposal where so required by the Scheme or other related legislation and inform or consult with any affected person or statutory authority prior to the application being determined by or on behalf of Council. d) Development on reserved land that is consistent with the gazetted purpose of the reserve, the Scheme and leasing arrangements subject to prior consultation with the reserve manager or the Crown if not under Council control. e) Concurrently advertise and subsequently approve or renew planning applications for: · extractive industries under the Scheme and Extractive Industries Local Law 2001.^{^[4]} · kennels under the Scheme and Dogs Local Law 2002^{^[5]}. f) Make recommendations to the Western Australian Planning Commission (WAPC) for: · approval of subdivisions, amalgamations, strata and survey-strata plans, and variations to such applications that comply with the Scheme, any adopted ODP and the adopted Local Planning Strategy; · refusal of subdivisions, amalgamations, strata and survey strata plans, and variations to such applications that do not comply with the Scheme, any adopted ODP and the adopted Local Planning Strategy; and · clearance of subdivision conditions that comply with the WAPC preliminary approval and Council’s applicable development standards including authorization of receipt or refund of bonds, cash (includes cleared cheque) or bank guarantees for associated works. g) Administer the “Planning for Bushfire Protection” document prepared by Department of Planning and Department Fire & Emergency Services (DFES), including approval of fire management plans. h) Determine that a revised plan is considered to contain modifications that are minor and do not amount to a significantly different proposal, do not breach any of the conditions of the approval and do not materially affect the decision given by, or on behalf of, Council or the WAPC. i) Determine whether there is compelling evidence to warrant reconsideration of a Council decision whether the decision was made by, or on behalf of Council. j) Amend or revoke planning consent upon the request of the owner prior to commencement of the use or development. k) Respond, defend and otherwise deal with legal proceedings arising from planning decisions made by, or on behalf of, Council.^{^[6]}. l) Exercise discretion on behalf of Council to reach determination, where appropriate, of Appeals processed by mediation under the State Administrative Tribunal. m) Exercise discretion on behalf of Council in relation to the Arbitration provisions of the Scheme. n) Make modifications to Scheme Amendments in accordance with directions from the Minister for Planning and Infrastructure providing that any such modification: · does not substantially alter the intent of the Council in adopting the amendment; or · is required because the proposed text is not lawful. o) Agree to accept management orders for reserves provided they have been created under Section 152 of the Act. p) Extend time for a planning consent when there has been no proposed change to the Scheme or supporting planning strategies and policies that would affect the previous approval and any change to the proposed plans is relatively minor. q) Comment on mineral exploration licenses. r) Issue Liquor Licensing Act Section 40 Certificates regarding compliance with relevant planning laws. s) Enter land or buildings for the purposes of administering the Scheme. t) Allow appropriate selection of road names by developers from the Council/Geographic Names Committee approved reserved name list subject to developers being given the opportunity to submit alternative selections to Council u) Determine that a use is consistent or not consistent with the objectives of a zone and determine an application under section 4.4.2 of the Scheme. v) Determine a cash-in-lieu payment for parking spaces in accordance with section 5.11.2 of the scheme.
Statutory Power being Delegated:			Local Government Act 1995 Planning and Development Act 2005 Planning and Development (Local Planning Schemes) Regulations 2015 Shire of Esperance Local Planning Scheme No 23 Shire of Esperance Extractive Industries Local Law 2001 Shire of Esperance Dogs Local Law 2002
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO Planning and Development (Local Planning Scheme) Regulations 2015 Sc.2, Part 10, cl.82
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Section 11 & 11.1 Shire of Esperance Local Planning Scheme No.23
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted – February 2004, Resolution # O0204-0769			5.	Reviewed – May 2015, Resolution # O0515-026
2.	Amended– February 2011, Res # O0211-1575 & O0211-1573			6.	Amended – November 2015, Resolution # O1115-030
3.	Reviewed - May 2012, Resolution # AP0412-005			7.	Reviewed – July 2016, Resolution #
4.	Reviewed - June 2013, Resolution # O0613-012			8.

		4.3 Infringement notices – Planning (s.228)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			Authority to issue infringement notices [s.228 of the Planning and Development Act 2005 (the Act)] (1) A designated person who has reason to believe that a person has committed a prescribed offence may give an infringement notice to the alleged offender. (2) The notice must be given within 6 months after the alleged offence is believed to have been committed.
Statutory Power being Delegated:			Planning and Development Act 2005 s.228 – Giving of infringement notice
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 Planning and Development Act 2005
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

		4.4 Manage Infringement notices – Planning (s.229, s.230 & s.231)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			1. Authority to receive payments of modified penalties [s.229 of the Planning and Development Act 2005 (the Act)] 2. Authority to extend the period of 28 days within which a modified penalty may be paid [s.230 of the Act] 3. Authority to withdraw an infringement notice [s.231 of the Act]
Statutory Power being Delegated:			Planning and Development Act 2005 s.229 – Content of infringement notice s.230 – Extend time to pay modified penalty s.231 – Withdrawal of infringement notice
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate some powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 Planning and Development Act 2005
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

		4.5 Shire of Esperance signs (s.5.42 & s.5.43)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			Authority to approve all such signs that comply (or have minor variations) with Council’s Local Laws Relating to Signs 2004 and be deemed to have planning consent.
Statutory Power being Delegated:			Local Government Act 1995 s.3.18 – Performing executive functions
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO s.5.43 – Limitations on delegations to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Any sign in non-compliance (with the exception of minor variations) with Council’s Local Laws Relating to Signs 2004 is to be subject to a formal application for planning consent and referred to Council for determination unless in accordance with a formally adopted planning and/or administrative policy.
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 – CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links:			Local Government Act 1995 Planning and Development Act 2005 under the provisions of Local Planning Strategy No.23; Shire of Esperance Local Law Relating to Signs 2004
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

BUSH FIRES ACT 1954

		5.1 *Performing functions of the Local Government (Bush Fires Act 2005) (s.48)*
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			Authority to perform the function of the local government under the Bush Fires Act 2005 (1) A local government may, in writing, delegate to its chief executive officer the performance of any of its functions under this Act
Statutory Power being Delegated:			Bush Fires Act 1954 s.48 – Delegation by local governments
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			The Chief Executive Officer is only authorised to perform the following functions– s.33 – Local government may require occupier of land to plough or clear fire-break s.59 – Prosecution of offences
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Sections 33, 48 & 59 of the Bush Fires Act 1954
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted – February 2009, Resolution # O0209-1542			5.	Reviewed – May 2015, Resolution # O0515-026
2.	Reviewed - February 2011, Resolution # O0211-1575			6.	Reviewed – July 2016, Resolution #
3.	Reviewed - May 2012, Resolution # AP0412-005			7.
4.	Reviewed - June 2013, Resolution # O0613-012			8.

BUSH FIRES ACT 1954

		5.2 Appointment of Bush Fire Control Officers s.38(1)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			Appoint a person to be a Bush Fire Control Officer for the purposes of the Bush Fires Act s.38(1)
Statutory Power being Delegated:			Bush Fires Act 1954 s.38(1) – a local government may from time to time appoint such persons as it thinks necessary to be its bush fire control officers under and for the purposes of this Act.
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Bush Fires Act 1954 s.38(1) – a local government may from time to time appoint such persons as it thinks necessary to be its bush fire control officers under and for the purposes of this Act.
Power Delegated to:			Chief Executive Officer
Conditions on Delegation:			The appointment is subject to the CEO being satisfied that the person to be an authorised officer has the appropriate qualifications and experience to perform the functions or the person holds office as an environmental health officer under the Bush Fires Act 1954
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 and Bush Fires Act 1954
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - Sept 2015, Resolution # O0915-024			5.
2.	Reviewed – July 2016, Resolution #			6.
3.				7.
4.				8.

BUSH FIRES ACT 1954

		5.3 Bush Fire Control Officers are authorised to perform s.33 and s.59A of the Bush Fires Act 1954
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			Bush Fire Control Officers are authorised to perform the following functions- s.33 – Local Government may require occupier of land to plough or clear fire-break s.59A – Alternative procedure – infringement notices
Statutory Power being Delegated:			Bush Fires Act 1954 s.33 – Local Government may require occupier of land to plough or clear fire-break s.59A – Alternative procedure – infringement notices
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Bush Fires Act 1954 s.38(1) – a local government may from time to time appoint such persons as it thinks necessary to be its bush fire control officers under and for the purposes of this Act.
Power Delegated to:			Mel Ammon Lonica Collins Jan Verbaant Tundra Foo Rowan Donovan Kole Wittorff
Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 and Bush Fires Act 1954
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - Sept 2015, Resolution # O0915-024			5.
2.	Reviewed – July 2016, Resolution #			6.
3.				7.
4.				8.

FOOD ACT 2008

		6.1 Appoint authorised officers (s.122 & s.126)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			Appoint a person to be an authorised officer for the purposes of the Food Act 2008 [s126(13)] Appoint a person to be a Designated Officer for the purposes of the Food Act 2008 [s 126(13)]
Statutory Power being Delegated:			Food Act 2008 s.122 Appointment of Authorised Officers s.126 Infringement Notices
Power is originally assigned to:			Enforcement Agency (Local Government)
Statutory Power of Delegation			Food Act 2008 s.118(2)(b) – Local government (enforcement agency) may delegate a function conferred on it s.118(3) – Delegation subject to conditions [s119] and guidelines adopted [s120] s.118(4) – Sub-delegation only permissible if expressly provided in regulations
Power Delegated to:			Chief Executive Officer
Conditions on Delegation:			The appointment is subject to the CEO being satisfied that the person to be an authorised officer has the appropriate qualifications and experience to perform the functions or the person holds office as an environmental health officer under the Health Act 1911.
Statutory Power to Sub-Delegate:			Nil
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Food Act 2008 Section 122(3) required the Enforcement Agency to maintain a list of authorised officers appointed by the agency. Section 123(1) requires the Enforcement Agency to provide each authorised officer with a certificate of authority as an authorised officer Food Regulations 2009 Dept of Health: Guideline on the Appointment of Authorised Officers as Meat Inspectors Dept of Health: Guideline on the Appointment of Authorised Officers Dept of Health: Guideline on the Appointment of Authorised Officers - Designated Officers only (section 126) Dept of Health: Guideline on the Appointment of Authorised Officers – Appointment of persons to assist with the discharge of duties of an authorised officer.
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

		6.2 Prohibition orders (s.65(1), s.66 & s.67(4)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			1) Serve a Prohibition order on the proprietor of a food business in accordance with s65 of the Food Act 2008 (the Act) 2) Give a Certificate of clearance, where inspection demonstrates compliance with a Prohibition order and any Improvement Notices [s66 of the Act]. 3) Give written notice to proprietor of a food business on whom a Prohibition Order has been served of the decision not to give a certificate of clearance after an inspection [s67(4) of the Act].
Statutory Power being Delegated:			Food Act 2008 s.65(1) – Prohibition order s.66 – Certificate of clearance to be given in certain circumstances s.67(4) – Request for re-inspection
Power is originally assigned to:			Enforcement Agency (Local Government)
Statutory Power of Delegation			Food Act 2008 s.118(2)(b) – Local government (enforcement agency) may delegate a function conferred on it s.118(3) – Delegation subject to conditions [s119] and guidelines adopted [s120] s.118(4) – Sub-delegation only permissible if expressly provided in regulations
Power Delegated to:			Chief Executive Officer Director External Services Manager Development Compliance Coordinator Environmental Health Environmental Health Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Nil
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Food Act 2008 Food Regulations 2009 Department of Health: Food Act 2008 Regulatory Guideline No.1: Introduction of Regulatory Food Safety Auditing in WA Department of Health: Food Unit Fact Sheet 8: Guide to Regulatory Guideline No.1 Department of Health: WA Priority Classification System Department of Health: Food Act 2008 Verification of Food Safety Program Guideline
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Amended – March 2016, Resolution # O0316-023			7.
4.	Reviewed – July 2016, Resolution #			8.

		6.3 Registration of food business (s.110(1)(5) & S.112)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			1) Register a food business in respect of any premises for the purposes of Part 9 of the Food Act 2008 and issue a certificate of registration [s110(1) of the Food Act 2008 (the Act)]. 2) After considering an application, determine to grant (with or without conditions) or refuse the application [s110(5) of the Act]. 3) Vary the conditions or cancel the registration of a food business in respect of any premises under Part 9 of the Food Act 2008 [s112(1) of the Act].
Statutory Power being Delegated:			Food Act 2008 s.110 (1) and (5) – Registration of food business s.112 – Variation of conditions or cancellation of registration of food businesses
Power is originally assigned to:			Enforcement Agency (Local Government)
Statutory Power of Delegation			Food Act 2008 s.118(2)(b) – Local government (enforcement agency) may delegate a function conferred on it s.118(3) – Delegation subject to conditions [s119] and guidelines adopted [s120] s.118(4) – Sub-delegation only permissible if expressly provided in regulations
Power Delegated to:			Chief Executive Officer Director External Services Manager Development Compliance Coordinator Environmental Health Environmental Health Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Nil
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Food Act 2008 Food Regulations 2009 Department of Health: Food Act 2008 Regulatory Guideline No.1: Introduction of Regulatory Food Safety Auditing in WA Department of Health: Food Unit Fact Sheet 8: Guide to Regulatory Guideline No.1 Department of Health: WA Priority Classification System Department of Health: Food Act 2008 Verification of Food Safety Program Guideline
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Amended – March 2016 Resolution #O0316-023			7.
4.	Reviewed – July 2016, Resolution #			8.

		6.4 Prosecutions (s.118(2)(b), S.118(3) & s.118(4)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			Institute proceedings for an offence under the Food Act 2008 (s.125)
Statutory Power being Delegated:			Food Act 2008 s.125 – Institution of proceedings
Power is originally assigned to:			Enforcement Agency (Local Government)
Statutory Power of Delegation			Food Act 2008 s.118(2)(b) – Local government (enforcement agency) may delegate a function conferred on it s.118(3) – Delegation subject to conditions [s119] and guidelines adopted [s120] s.118(4) – Sub-delegation only permissible if expressly provided in regulations
Power Delegated to:			Chief Executive Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Nil
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Food Act 2008 Food Regulations 2009 Food Regulations: Department of Health Compliance and Enforcement Policy
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

ANIMAL WELFARE ACT 2002

		7.1 *Appoint authorised officers (Animal Welfare Act 2002) (s.33)*
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			To appoint and authorise employees to exercise the powers and duties of a local government to administer and enforce the provisions of the Act.
Statutory Power being Delegated:			Animal Welfare Act 2002 s.33 – Appointment of general inspectors
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 Animal Welfare Act 2002
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

DOG ACT 1976

		8.1 *Staff and Service, Power to seize dogs (Dog Act 1976) (s.11 & s.29)*
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			To appoint and authorise employees to exercise the powers and duties of a local government to administer and enforce the provisions of the Act.
Statutory Power being Delegated:			Dog Act 1976 s.11 – Staff and services s.29 – Power to seize dogs
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 Dog Act 1976
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

LITTER ACT 1979

		9.1 *Authorised officers, appointment and jurisdiction of etc. (Litter Act 1979) (s.26)*
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			To appoint and authorise employees to exercise the powers and duties of a local government to administer and enforce the provisions of the Act.
Statutory Power being Delegated:			Litter Act 1979 s.26 – Authorised officers, appointments and jurisdiction of etc.
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 Litter Act 1979
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

SPEAR-GUNS CONTROL ACT 1955

		10.1 *Powers of inspectors (Spear-guns Control Act 1955) (s.7)*
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			To appoint and authorise employees to exercise the powers and duties of a local government to administer and enforce the provisions of the Act.
Statutory Power being Delegated:			Spear-guns Control Act 1955 s.7 – Powers of inspectors
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 Spear-guns Control Act 1955
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

CAT ACT 2011

		11.1 *Delegation by local government (Cat Act 2011) (s.44)*
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			To appoint and authorise employees to exercise the powers and duties of a local government to administer and enforce the provisions of the Act.
Statutory Power being Delegated:			Cat Act 2011 s.44 – Delegation by local government
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 Cat Act 2011
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1960

		12.1 Pounds, establishing; poundkeepers and rangers, appointing (Local Government (Miscellaneous Provisions) Act 1960) (s.449)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			To appoint and authorise employees to exercise the powers and duties of a local government to administer and enforce the provisions of the Act.
Statutory Power being Delegated:			Local Government (Miscellaneous Provisions) Act 1960 s.449 – Pounds, establishing; poundkeepers and rangers, appointing
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:			Chief Executive Officer
Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 Cat Act 2011
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.	Reviewed – July 2016, Resolution #			7.
4.				8.

DOG ACT ACT 1976

		13.1 Keeping of Dogs (Dog Act 1976) (s.26)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			A Local Government may grant exemptions to the number of dogs that may be kept in or on premises.
Statutory Power being Delegated:			Dog Act 1976 s.26 – The Keeping of dogs
Power is originally assigned to:			Local Government
Statutory Power of Delegation			Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO Dog Act 1976 s.10AA – Delegation of local government powers and duties
Power Delegated to:			Chief Executive Officer
Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Local Government Act 1995 s.5.44 CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Local Government Act 1995 Dog Act 1976
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - November 2014, Resolution # O1114-015			5.
2.	Reviewed – July 2016, Resolution #			6.
3.				7.
4.				8.

[1] A list of delegated authority approvals for development and subdivision applications is to be included in each monthly agenda of the All Purpose Committee meeting.

[2] The Planning and Development Act 2005 (as amended) defines ‘development’ as follows:

‘development’ means the development or use of any land, including—

(a) any demolition, erection, construction, alteration of or addition to any building or structure on the land;

(b) the carrying out on the land of any excavation or other works;

(c) in the case of a place to which a Conservation Order made under section 59 of the Heritage of Western Australia Act 1990 applies, any act or thing that—

(i) is likely to change the character of that place or the external appearance of any building; or

(ii) would constitute an irreversible alteration of the fabric of any building;

[3] A list of delegated authority approvals for development and subdivision applications is to be included in each monthly agenda of the All Purpose Committee Meeting.

[4] An application for planning consent would normally be issued subject to a condition that an extractive industry licence be obtained under the Extractive Industries Local Law 2002 and renewed annually. Therefore, if the use is substantially commenced during the term of the initial planning consent, the use could be continued subject to annual renewal in accordance with the Local Laws.

[5] An application for planning consent would normally be issued subject to a condition that a kennel licence be obtained under the Dogs Local Law 2002 and renewed annually. Therefore, if the use is substantially commenced during the term of the initial planning consent, the use could be continued subject to annual renewal in accordance with the Local Laws.

6 Council to be kept informed of any actions that may entail legal representation in Court or in an insurance claim being made against Council.