11.1 chief executive officer attachments · 2018-06-14 · ms jennifer may, manager, commercial...

SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 27 JUNE 2018

11.1 Chief Executive Officer Attachments ITEM NO SUBJECT PAGE 11.4.1 CAPES REGION ORGANISATION OF COUNCILS (CAPEROC) MINUTES 1

– 11 MAY 2018 11.4.2 REVIEW OF DELEGATIONS 14


11.1 Chief Executive Officer 11.1.1 CAPES REGION ORGANISATION OF COUNCILS

(CAPEROC) MINUTES – 11 MAY 2018

Attachment 1 – Minutes of the CapeROC Meeting held 11 May 2018

1

Capes Region Organisation of Councils (CapeROC) 1 11 May 2018

Please note: These minutes are yet to be confirmed as a true record of proceedings

CITY OF BUSSELTON

MINUTES FOR THE CAPES REGION ORGANISATION OF COUNCILS (CAPEROC) MEETING HELD ON 11 MAY 2018

TABLE OF CONTENTS ITEM NO. SUBJECT PAGE NO.

1. ATTENDANCE AND APOLOGIES ..................................................................................................... 2

2. CONFIRMATION OF MINUTES ....................................................................................................... 2

2.1 Minutes of the Capes Region Organisation of Councils (CapeROC) Meeting held 9 February 2018 .................................................................................................................... 2

3. PRESENTATIONS ........................................................................................................................... 2

4. BUSINESS ARISING FROM PREVIOUS MEETINGS ............................................................................ 2

5. REPORTS ...................................................................................................................................... 3

5.1 CAPEROC BUDGET UPDATE 2017/18 AND REQUESTS 2018/19 .......................................... 3

5.2 UPDATE OF CAPES REGION TOURIST DIRECTIONAL SIGNAGE AND ROADSIDE VISITOR INFORMATION ........................................................................................................ 7

6. VERBAL UPDATES OF MAJOR PROJECTS AND GENERAL DISCUSSION ITEMS .................................... 9

6.1 MAJOR PROJECT UPDATES ................................................................................................... 9

6.2 MAJOR POLICY AND STRATEGY UPDATES .......................................................................... 10

6.3 GENERAL DISCUSSION ITEM - CANCELLATION OF MARGARET RIVER PRO AND POTENTIAL IMPACT ON OTHER SIGNIFICANT REGIONAL EVENTS ..................................... 11

7. NEXT MEETING DATE .................................................................................................................. 12

8. CLOSURE .................................................................................................................................... 12

ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

[email protected]

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mailto:[email protected]


MINUTES

MINUTES OF A MEETING OF THE A MEETING OF THE BUSSELTON CITY CAPES REGION ORGANISATION OF COUNCILS (CAPEROC) HELD IN THE WONNERUP COMMITTEE ROOM, ADMINISTRATION BUILDING, SOUTHERN DRIVE, BUSSELTON, ON 11 MAY 2018 AT 10.10AM.

1. ATTENDANCE AND APOLOGIES Members: Cr Grant Henley, Mayor, Busselton Cr Pam Townshend, Shire President, Augusta Margaret River Cr John McCallum, Busselton Cr Kelly Hick, Busselton Cr Naomi Godden, Augusta Margaret River Cr Mike Smart, Augusta Margaret River (From 10.13am) Mr Mike Archer, Chief Executive Officer, Busselton (Until 10.35am, returned at 10.45am/ until 11.20am, returned at 11.23am) Mr Gary Evershed, Chief Executive Officer, Augusta Margaret River Officers: Mr Tony Nottle, Director, Finance and Corporate Services, Busselton (Until 11.45am) Ms Jennifer May, Manager, Commercial Services, Busselton (Until 10.47am) Ms Tracey King, Strategic Projects Officer, Busselton (Until 11.55am) Ms Emma Heys, Economic Development Officer, Busselton (Until 10.47am) Mrs Katie Banks, Executive Assistant to Council, Busselton Apologies: Tony Brown, Executive Manager Governance & Organisational Services, WALGA Anne Banks McAllister, Regional Capacity Building Manager, WALGA

2. CONFIRMATION OF MINUTES

2.1 Minutes of the Capes Region Organisation of Councils (CapeROC) Meeting held 9 February 2018

CAPEROC DECISION CAP1805/015 Moved Councillor J McCallum, seconded Councillor K Hick

That the Minutes of the Capes Region Organisation of Councils (CapeROC) Meeting held 9 February 2018 be confirmed as a true and correct record.

CARRIED 5/0

3. PRESENTATIONS Nil

4. BUSINESS ARISING FROM PREVIOUS MEETINGS Nil

10.13am At this time Cr Mike Smart entered the meeting.

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5. REPORTS

5.1 CAPEROC BUDGET UPDATE 2017/18 AND REQUESTS 2018/19

RESPONSIBLE OFFICER: Strategic Projects Officer - Tracey King, Busselton ATTACHMENTS: Nil

IN BRIEF Each year, the Shire of Augusta-Margaret River and the City of Busselton allocate up to $50,000 of

their respective budgets (up to $100,000 in total) towards CapeROC approved regional economic

development initiatives. This report provides an update on financial activities for the 2017/18

financial year.

It also request that CapeROC consider projects to allocate funding out of the 2018/19 Budget.

BACKGROUND Table 1 shows CapeROC approved allocations for the 2017/18 financial year. Table 1.

2017-2018 Allocations

2017/2018 CapeROC Projects

Approved Allocation

Expenditure (AMR)

Expenditure (BSN)

Total Expenditure $

$100,000 $50,000 $50,000

Calendar of Events (Spring & Summer 2017)

9,250 4,625.00 4,625.00 9,250

Calendar of Events (Autumn & Winter 2018)

11,650 5,825.00 5,825.00 11,650

Joint Trail Strategy Development 30,000*

0

MRBTA Cabin Fever 20,000 10,000 10,000 20,000

Tourism Signage Strategy* 30,000*

0

Total Budgeted for 2017/18

73,900.00 36,950 36,950

Recoup of Art Trail Funds-MR Wine Industry

-27,000 -13,500 -13,500 -27,000

Total Remaining of Budget

53,100 26,550 26,550

Total Actually Expended 40,900 20,450 20,450 40,900

CapeROC is asked to note the allocations approved expended and remaining unspent.

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Subject to outcomes of reports presented at this meeting, there may be a requirement for either a carry over or re allocation in next year’s budget for projects uncompleted and funds unspent from this financial year. COMMENT CapeROC is asked to identify projects to be funded from the 2018/19 budget allocation of up to

$100,000 in total subject to each individual Council allocation in their respective 2018/19 budgets

towards CapeROC activities.

The following projects within Table 2. have been put forward for CapeROC consideration to be

funded from the 2018/19 CapeROC Budget.

To date, one ongoing project has been submitted for consideration by CapeROC, being the Calendar

of Events contained as a pull out in each copy of the four annual editions of the “Your Margaret River

Region Magazine” and as standalone copies distributed throughout the Capes Region.

Table 2:

2018-19 Proposed Allocations

2018/19 CapeROC Projects

In principal Allocation

Expenditure (AMR)

Expenditure (BSN)

Comments

$100,000 $50,000 $50,000

CapeROC Calendar of Events 2018/19 – Spring, Summer, Autumn Winter

21,700 10,850 10,850

Potential Total Expenditure:

Total Unallocated

5


Proposed allocations:

1. CapeROC Calendar of Events - as per previous arrangement with Margaret River Busselton Tourism Association

Edition Amount Requested (ex GST)

Spring 2018 $4,625

Summer 2018/19 $4,625

Autumn 2019 $4,625

Winter 2019 $4,625

Additional standalone copies.6000 for each edition to

be split between CoB & AMR Shire @ $800+GST per

edition.

$3,200

TOTAL REQUESTED $21,700

The entire budget does not need to be allocated at this meeting and may be allocated throughout

the financial year as worthy projects arise.

RECOMMENDATION

1. That: CapeROC receives the information provided in the 2017/18 budget allocation report.

2. The Shire of Augusta-Margaret River and the City of Busselton each allocate $50,000 of their

individual budgets 2018/19 towards a total CapeROC budget of up to $100,0000 to progress

regional economic development initiatives; and

3. CapeROC identifies the following projects and provisional allocations to be included in the

2018/19 CapeROC budget:

i. Project: Calendar of Events Amount; $21,700;

ii. Project: ………………….. Amount; …………………; iii. Project: ………………….. Amount; …………………; iv. Project: ………………….. Amount; …………………;

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CAPEROC DECISION CAP1805/016 Moved Councillor G Henley, seconded Councillor P Townshend

1. That: CapeROC receives the information provided in the 2017/18 budget allocation report.

2. The Shire of Augusta-Margaret River and the City of Busselton each allocate $50,000 of their

individual budgets 2018/19 towards a total CapeROC budget of up to $100,0000 to progress

regional economic development initiatives; and

3. CapeROC identifies the following projects and provisional allocations to be included in the

2018/19 CapeROC budget:

i. Project: Calendar of Events Amount; $21,700;

ii. Project: Joint Trail Strategy Development Amount; $30,000;

iii. Project: Tourism Signage Strategy Amount; $30,000;

and that the remaining balance of $18,300 be left unallocated for potential future projects.

CARRIED 6/0

Reason: CapeROC was supportive of funds being allocated to the two outstanding projects and for the outstanding balance to remain unallocated, allowing for the establishment of potential future projects.

10.35am At this time the Chief Executive Officer, Busselton left the meeting.

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5.2 UPDATE OF CAPES REGION TOURIST DIRECTIONAL SIGNAGE AND ROADSIDE VISITOR INFORMATION

RESPONSIBLE OFFICER: Project Manager - Business Development - Emma Heys ATTACHMENTS: Nil

IN BRIEF RFQ 32/17 Cape Region Tourist Directional Signage and Roadside Visitor Information: Supply of audit, condition and cost report was issued and closed on 15th August 2017. Three submissions were received; GHD Pty Ltd; Core Business Australia; and Coastal Navigation Solutions. At the 18 August CapeROC meeting, council officers were asked to ascertain if any local providers could undertake the requested services as defined within RFQ 32/17 and within the CapeROC budget. It is the opinion of City of Busselton and Shire of Augusta Margaret River officers that GHD Pty Ltd remains the preferred proponent to provide the services as defined within RFQ 32/17. City of Busselton and Shire of Augusta Margaret River will form Principle in Joint, whilst the City of Busselton will take on the role of Project Lead. It is anticipated the Project will commence in mid to late May 2018, once contract and project documentation has been finalised. This item recommends CapeROC note the preferred proponent status of GHD Pty Ltd for RFQ 32/17 and consider rolling forward the budget allocation of $30,000 to the 2018/2019 financial year. BACKGROUND City of Busselton and Shire of Augusta Margaret River had previously resolved to endorse a review of tourism directional signage and roadside visitor information bays with a predominately unified approach to branding and function (the ‘Project’). A notional amount of funding ($30,000) has previously been allocated by CapeROC with a view to procuring an audit and condition report, inclusive of recommendations. Specifically, the report is to include:

Electronic database of existing asset condition information

Written report including any assumptions, methodology used and asset condition reports

Design drawings for single prototypes of each of the potential new or replacement signage concepts; and

Indicative cost estimates for design manufacture and installation of new signs. RFQ 32/17 Cape Region Tourist Directional Signage Roadside Visitor Information: Supply of audit, condition and cost report was issued and closed on 15th August 2017. Three submissions were received; GHD Pty Ltd; Core Business Australia; and Coastal Navigation Solutions. At the 18 August CapeROC meeting, council officers were asked to ascertain if any local providers could undertake the requested services as defined within RFQ32/17 and within the CapeROC budget.

10:45 am At this time the Chief Executive Officer, Busselton returned to the meeting.

8


CURRENT STATUS Due to a change in personnel, it is unclear as to whether additional quotations were directly sought from local providers, or if any local providers were identified as capable of delivering the services. In April 2018 City of Busselton officers re-evaluated the original submissions received from RFQ 32/17, including a submission from Core Business Australia, a locally owned and operated business. It is the opinion of officers that GHD Pty Ltd, whose office in Bunbury has been tasked with delivering the project, are the most qualified and capable proponent to deliver the services and this item recommends that City of Busselton and Shire of Augusta Margaret River award the resulting contract from RFQ 32/17 to GHD Pty Ltd. It is proposed that City of Busselton and Shire of Augusta Margaret River will act as Principle in Joint, with City of Busselton taking the role of Project Lead. It is anticipate that the Project will commence in mid to late May 2018, once contract and project documentation is complete. CapeROC budget allocations will be required to be rolled over into the 2018/2019 financial year to align with the proposed payment schedule.

CAPEROC DECISION AND OFFICER RECOMMENDATION CAP1805/017 Moved Councillor Townshend, seconded Councillor J McCallum

That CapeROC:

1. Notes the preferred proponent status of GHD Pty Ltd to undertake the scope of works outlined within RFQ 32/17 Cape Region Tourist Directional Signage and Roadside Visitor Information: Supply of audit, condition and cost report;

2. Notes the City of Busselton and Shire of Augusta Margaret River to act as Principal in Joint and the City of Busselton to act as Project Lead for the Project; and

3. That CapeROC roll the allocated budget of $30,000 into the 2018/2019 financial year.

CARRIED 6/0

10.47am At this time the Manager, Commercial Services and Economic Development Officer left

the meeting.

9


6. VERBAL UPDATES OF MAJOR PROJECTS AND GENERAL DISCUSSION ITEMS

6.1 MAJOR PROJECT UPDATES

Mike Archer, Chief Executive Officer, Busselton updated members on the progress of the Busselton Margaret River Airport project, advising that the airside works are now complete and that the Busselton Foreshore redevelopment is nearing completion.

Gary Evershed, Chief Executive Officer, Augusta Margaret River updated members on the progress of the Hub of Entertainment Arts and Regional Tourism (HEART) project, Main Street project and the Youth Precinct project, advising that the official opening will be held on 3 June 2018.

11.05 am At this time Councillor N Godden left the meeting. 11.20am At this time the Chief Executive Officer - Busselton left the meeting 11.23am At this time the Chief Executive Officer - Busselton returned to the meeting. 11.26am At this time Councillor N Godden returned to the meeting.

10


6.2 MAJOR POLICY AND STRATEGY UPDATES

The Mayor, City of Busselton advised that the Leeuwin-Naturaliste Sub-Regional Planning Strategy hearings are scheduled to be held on 16 and 17 May 2018. The Director, Finance and Corporate Services, Busselton presented information in relation to the Regional Price Preference Policy and whether a reciprocal arrangement would be advantageous for the CapeROC region. A draft copy of the proposed policy that the City of Busselton were considering was tabled. The Director, Finance and Corporate Services will follow up on this matter with officers from Augusta Margaret River. The notion was generally accepted.

11.45am At this time the Director, Finance and Corporate Services, Busselton left the meeting. 11.50am At this time Councillor K Hick left the meeting. 11.52am At this time Councillor K Hick returned to the meeting.

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6.3 GENERAL DISCUSSION ITEM - CANCELLATION OF MARGARET RIVER PRO AND POTENTIAL IMPACT ON OTHER SIGNIFICANT REGIONAL EVENTS

Discussion was held in relation to this matter with members agreeing that engagement with shark behaviour experts and / or relevant technology experts would be beneficial if such an opportunity arises in the future.

11.55am At this time the Strategic Projects Officer left the meeting.

12


7. NEXT MEETING DATE 10 August 2018, Shire of Augusta Margaret River

8. CLOSURE The meeting closed at 12.05pm.

THESE MINUTES CONSISTING OF PAGES 1 TO 12 WERE CONFIRMED AS A TRUE AND CORRECT

RECORD ON .

DATE:_________________ PRESIDING MEMBER: _________________________

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11.1 Chief Executive Officer 11.1.2 REVIEW OF DELEGATIONS

Attachment 1 – Register of delegations – Delegations from Council Attachment 2 – Register of Delegations – Delegations from CEO to Employees

14

Register of Delegations 2018 Delegations from Council Adopted by Council

Minute Ref:

15

Natural Connected Prosperous

Contents

Introduction 1

Delegations - Local Government Act 1995 2 1. Administrative structure of the local government 2

2. Administering Local Laws 4

3. Closure of thoroughfares 6

4. Tenders and expressions of interest 8

5. Contract Variations 10

7. Disposal of property 14

8. Power to make payments 16

9. Write off debts, and waive or grant concessions 18

10. Power to invest 20

11. Agreement as to payment of rates and service charges 22

12. Rateable Land Exemptions 23

13. Taking action on unpaid rates 24

14. Appointment of authorised persons – Local Government Act 1995 26

Delegations – other legislation 28

LG (Miscellaneous Provisions) Act 1960 28 15. LG (Miscellaneous Provisions) Act 1960 – Impounding of cattle 28

Building Act 2011 30 16. Building 30

Local Planning Scheme No 1 32 17. Planning 32

Planning and Development Act 2005 34 18. Directions under s214 Planning and Development Act 2005 34

Food Act 2008 36 19. Functions under the Food act 2008 36

Bush Fires Act 1954 38 20. Bush fires, prohibited burning times, restricted burning times and prosecution of offences 38

Cat Act 2011 40 21. Functions of the Cat Act 2011 40

Dog Act 1976 42 22. Administration and enforcement of the Dog Act 1976 42

Public Health Act 2016 44 23. Appointment of authorised officers under the Public Health Act 2016 44

Authorisations Appointed by Council 46

Local Government Act 46

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24. Execution of Documents 46

Health (Miscellaneous Provisions) Act 1911 48 25. Appointment of authorisations – Health (Miscellaneous Provisions) Act 1911 48

Health (Asbestos) Regulations 1992 49 26. Appointment of authorisations – Health (Asbestos) Regulations 1992 49

Control of Vehicles (Off-road Areas) Act 1978 50 27. Appointment of authorisations – Control of Vehicles (Off-road Areas) Act 1978 50

17


Alignment with Community Strategic Plan This document relates to Goal 5 in the Community Strategic Plan.

Goal 1 Valuing, protecting and enhancing the natural environment

Goal 2 Welcoming, inclusive and healthy communities

Goal 3 Ensuring sustainable development

Goal 4 Vibrant and diverse economy

Goal 5 Effective leadership and governance

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1 Natural Connected Prosperous

Introduction The Local Government Act 1995 (LGA) provides the power to delegate certain functions to the Chief Executive Officer (Section 5.42).

Section 5.43 LGA provides limitations on what powers and duties a local government can delegate to its CEO, stating that:

A local government cannot delegate to a CEO any of the following powers or duties —

(a) any power or duty that requires a decision of an absolute majority or a 75% majority of the local government;

(b) accepting a tender which exceeds an amount determined by the local government for the purpose of this paragraph;

(c) appointing an auditor;

(d) acquiring or disposing of any property valued at an amount exceeding an amount determined by the local government for the purpose of this paragraph;

(e) any of the local government’s powers under section 5.98, 5.98A, 5.99, 5.99A or 5.100;

(f) borrowing money on behalf of the local government;

(g) hearing or determining an objection of a kind referred to in section 9.5;

(ha) the power under section 9.49A (4) to authorise a person to sign documents on behalf of the local government;

(h) any power or duty that requires the approval of the Minister or the Governor;

(i) such other powers or duties as may be prescribed.

Furthermore the LGA allows for the Chief Executive Officer to sub-delegate powers or duties to other employees (Section 5.44), other than the power to delegate, and to place conditions on any delegations if desired (Section 5.44(4)). Delegations are to be in writing and are to be reviewed on an annual basis.

Recipients of delegated powers and duties are required to keep a record of each occasion in which they exercise the powers or discharge the duties. Regulation 19 of the LG (Admin) Regulations 1996 states that:

Where a power or duty has been delegated under the Act to the CEO or to any other local government employee, the person to whom the power or duty has been delegated is to keep a written record of —

(a) how the person exercised the power or discharged the duty; and

(b) when the person 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.

Other legislation (e.g. Dog Act 1976) provides the power for Council to delegate powers, duties or functions of a local government under that Act. Additionally, under certain legislation, Council is provided the power to appoint persons authorisation to perform functions and duties of ‘authorised officers’.

This document consists of delegations by Council to the Chief Executive Officer under the Local Government Act, and delegations to the Chief Executive Officer and staff under other Acts administered by local government. Each delegation provides information on the respective head of power. Appointment of authorisation by Council are also included in the register, for ease of reference and review.

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Delegations - Local Government Act 1995

1. Administrative structure of the local government Power of Delegation Under s5.42 LGA the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer the exercise of power and discharge of duties under s5.2 LGA to ensure there is an appropriate structure for administering the local government, including the power to change the structure as required to administer the local government.

Delegated by:

• Council

Delegation to:

• Chief Executive Officer

Records to be kept by delegates Regulation 19 LG (Admin) Regulations 1996, requires delegates to keep a written record of how and when they exercise the power or discharge the duty and the persons or classes of persons directly affected. The delegate is to ensure that all evidentiary documents meet the requirements of r19 LG (Admin) Regulations 1996 and are retained on the Shire’s record keeping database.

Legislation Power to delegate:

s 5.42 LGA Delegation of some powers or duties to CEO

s5.43 LGA Limits on delegations to CEO

Power to Sub-delegate: s5.44 LGA CEO may delegate powers and duties to other employees

Power/duty delegated:

s 5.2 LGA Administration of local governments

Delegation reviewed:

Minute:

SIGNED BY ACCEPTANCE OF DELEGATED AUTHORITY

__________________________________

PAMELA TOWNSHEND GARY EVERSHED

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SHIRE PRESIDENT CHIEF EXECUTIVE OFFICER

DATE: DATE:

21


2. Administering Local Laws Power of Delegation Under s5.42 LGA the Council of the Shire of Augusta Margaret River hereby delegates authority to the Chief Executive Officer to administer and enforce the provisions of any AMR Local Law made under Division 2 of Part 3 LGA, determine applications received in accordance with any AMR Local Law, and to otherwise exercise the powers and discharge the duties of the local government under those local laws. Delegated by:

• Council

Delegation to:



Legislation

Power to delegate:





S3.5 LGA Legislative power of local governments

Part 9 LGA Division 2 Enforcement and legal proceedings

Shire of Augusta Margaret River Local Laws


Minute:


__________________________________

22




DATE: DATE:

23


3. Closure of thoroughfares Power of Delegation Under section 5.42 LGA the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer the exercise of powers and discharge of duties to:

1. Close any thoroughfare that the Shire manages to the passage of vehicles, wholly or partially, for a period not exceeding 4 weeks pursuant to s3.50(1) LGA;

2. Close any thoroughfare that the Shire manages to the passage of vehicles, wholly or partially, for a period exceeding 4 weeks after giving local public notice of the proposed closure pursuant to s3.50(1a) LGA.

3. Partially and temporarily close a thoroughfare, without giving public notice if the closure-

a) is for the purpose of carrying out repairs or maintenance; and b) Is unlikely to have a significant adverse effect on users of the thoroughfare;

pursuant to s3.50A LGA. 4. Give notice to the owners of the land or any land that is likely to be adversely affected, of any repairs or

maintenance to be done, giving details of the proposal and inviting submissions pursuant to s3.51 LGA. Delegated by:

• Council

Delegation to:






Power to Sub-delegate:

s5.44 LGA CEO may delegate powers and duties to other employees


s3.50 LGA Closing certain thoroughfares to vehicles

s 3.50A LGA Partial closure of thoroughfare for repairs or maintenance

s3.51 LGA Affected owners to be notified of certain proposals

Regulation 4 – 6 Local Government (Functions and General) Regulations 1996


24


Minute:


__________________________________



DATE: DATE:

25


4. Tenders and expressions of interest Power of Delegation Under s5.42 LGA, the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer the exercise of powers and the discharge of duties to invite tenders and expressions of interest before entering into a contract for the supply of goods or services, pursuant to s3.57 LGA, and the power to award tenders for a contract up to and including $250,000.00 exclusive of GST.

1. Publicly invite tenders before the local government enters into a contract for the supply of goods

and services over the $150,000 threshold (excluding GST) (Reg 11 LG (F&G) Regulations 1996);

2. Where considered beneficial, publicly invite tenders though not required to do so (Reg 13 LG

(F&G) Regulations 1996);

3. Before tenders are publicly invited, determine in writing the criteria for deciding which tender

should be accepted (Reg 14(2a) LG (F&G) Regulations 1996);

4. Vary tender information after public notice of invitation to tender and before the close of tenders

[F&G Reg.14(5)] (Reg 14(5) LG (F&G) Regulations 1996);

5. Reject a tender (Reg 18(1-3) LG (F&G) Regulations 1996);

6. Seek clarification from tenderers in relation to information contained in their tender submission

(Reg 18(4a) LG (F&G) Regulations 1996);

7. Assess by means of written evaluation the extent to which each tender satisfies the criteria for

deciding which tender to accept and decide which of them would be the most advantageous for

the local government to accept (Reg 18(4) LG (F&G) Regulations 1996);

1.8. Accept a tender.

9. Decline to accept any tender (Reg 18(5) LG (F&G) Regulations 1996);

10. Make minor variations to the goods or services required, before entering into a contract with the

successful tenderer (Reg 20(1) LG (F&G) Regulations 1996);

11. If the successful tenderer is unable or unwilling to enter into a contract to supply the varied

agreement or the local government and tenderer cannot reach agreement, select the next most

advantageous tender (Reg 20(2) LG (F&G) Regulations 1996);

12. If a contract has not been entered into within 6 months of acceptance of the tender, or the

successful tenderer agrees to terminate the contract within 6 months of acceptance, accept

another tender that would be next most advantageous to the local government (Reg 18(6)(7) LG


13. Seek Expressions of Interest before entering the tender process (Reg 21 LG (F&G) Regulations

1996);

14. Consider Expressions of Interest which have not been rejected and decide which of those are

capable of satisfactorily providing the goods or services, for listing as acceptable tenderers (Reg

23 LG (F&G) Regulations 1996);

Conditions Minor variations to the goods and services required may only be negotiated and agreed prior to entering into

a contract up to a maximum of 10% of the price tendered, or $50,000, whichever is the lesser amount.

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Tenders may only be accepted where the consideration under the resulting contract is $250,000 or less,

exclusive of GST. This value is established in accordance with s5.43(b) LGA.

Delegated by:

• Council

Delegation to:


Records to be kept by delegates Regulation 19 LG (Admin) Regulations 1996, requires delegates to keep a written record of how and when they exercise the power or discharge the duty and the persons or classes of persons directly affected. The delegate is to ensure that all evidentiary documents meet the requirements of r19 LG (Admin) Regulations 1996 and are retained on the Shire’s record keeping database. Legislation Power to delegate:





s3.57 LGA Tenders for providing goods or services



Minute:


__________________________________



DATE: DATE:

27


5. Contract Variations Power of Delegation Under s5.42 LGA, the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer the exercise of powers and the discharge of duties under Regulation 21A LG (Functions and General) Regulations 1996 to vary a contract for the supply of goods or services with a successful tenderer. Conditions Reg 21A LG (F&G) Regulations 1996) –

a) The variation to the contract is necessary in order for the goods or services to be supplied and does not change the scope of the contract; or

b) The variation is a renewal or extension of the term of the contract as per regulation 11(2)(j) LG (F&G) Regulations 1996).

Price variances may not exceed 10% of the contract value, or $50,000, whichever is the lesser amount, in each instance or cumulatively.

Delegated by:

• Council

Delegation to:







Regulation 21A Local Government (Functions and General) Regulations 1996


Minute:

28



__________________________________



DATE: DATE:

29


6. Disposal of land via lease or licence Power of Delegation Under s5.42 LGA the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer the exercise of powers and discharge of duties under s3.58 LGA to lease, sub lease, renew or reassign a lease over property to dispose of land (including buildings) via lease or licence where the disposition is exempt under r30 LG (Functions and General) Regulations 1996.

Delegated by:

• Council

Delegation to:








s3.58 LGA Disposing of Property r30 LG (Functions and General) Regulations 1996


Minute:


__________________________________



30


DATE: DATE:

31


7. Disposal of property Power of Delegation Under s5.42 LGA the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer the exercise of powers and discharge of duties under s3.58 LGA:

1. To dispose of property where the disposition is exempt from the requirements of s3.58 LGA by regulation 30 of the LG (Functions and General) Regulations 1996; and

2. Where the disposition of property (other than land) is not exempt under regulation 30 of the LG (Functions and General) Regulations 1996, to dispose of property (other than land):

a) to the highest bidder at public auction (s3.58(2)(a); or

b) to 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 (s3.58(2)(b); or

c) by private treaty only in accordance with s3.58(3) and prior to the disposal, to consider any submissions received following the giving of public notice (s3.58(3)).

Conditions

The disposal of property (other than land), for any single project or where not part of a project but part of a single transaction, is limited to a maximum value of $50,000 or less. This value is established in accordance s5.43(d) LGA.

Delegated by:

• Council

Delegation to:








s3.58 LGA Disposing of Property

32


Regulation 30 Functions and General Regulations 1996 Dispositions of property excluded from Act s3.58


Minute:


__________________________________



DATE: DATE:

33


8. Power to make payments

Power of Delegation Under s5.42 LGA the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer the exercise of powers and discharge of duties under Regulations 12,13 LG (Financial Management) Regulations 1996, to make payment from the Municipal Fund or, the Trust Fund. and the Reserve Fund in accordance with the Annual Budget to a variance of 10% from the budget and not more than an amount of $10,000.00.

Delegated by:

• Council

Delegation to:








Part 6 of the LGA

Regulation 11-13, 19 Local Government (Financial Management) Regulations 1996


Minute:


__________________________________


34



DATE: DATE:

35


9. Write off debts, and waive or grant concessions Power of Delegation Under s5.42 LGA the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer the exercise of powers and discharge of duties under s6.12 LGA to:

a) waive or grant concessions in relation to money owed to the Shire (excluding rate concessions); and b) to write off money which is owed to the Shire;

to a value not exceeding $3,000.

Delegated by:

• Council

Delegation to:








Section 6.12 Local Government Act 1995: Power to defer, grant discounts, waive or write off debts


Minute:


__________________________________



36


DATE: DATE:

37


10. Power to invest Power of Delegation Under s5.42 LGA the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer the exercise of power and discharge of duties to invest surplus funds in accordance with s6.14 LGA, r19 Local Government (Financial Management) Regulations 1996 and Council’s adopted policies.

Delegated by:

• Council

Delegation to:








s6.14 LGA Power to invest

Regulation 19 Local Government (Financial Management) Regulations 1996 Management of investments

AMRSC Investments Policy


Minute:


__________________________________


38



DATE: DATE:

39


11. Agreement as to payment of rates and service charges Power of Delegation Under s5.42 LGA the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer the exercise of power and discharge of duties under s6.49 LGA to accept payment of a rate or service charge due and payable by a person in accordance with an agreement made with the person.

Delegated by:

• Council

Delegation to:








s6.49 LGA Agreement as to payment of rates and service charges


Minute:


__________________________________



DATE: DATE:

40


12. Rateable Land Exemptions Power of Delegation Under s5.42 LGA the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer the exercise of power and discharge of duties under s6.26 LGA, to determine rate exemption applications.

Delegated by:

• Council

Delegation to:








s6.26 LGA Rateable land


Minute:


__________________________________



DATE: DATE:

41


13. Taking action on unpaid rates Power of Delegation Under s5.42 LGA the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer the exercise of power and discharge of duties under s6.64 LGA, where, if any rates or service charges which are due to the local government remain unpaid for at least 3 years, to take possession of the land and hold the land as against a person having an estate or interest in the land and:

a) from time to time lease the land; or b) sell the land; or c) cause the land to be transferred to the Crown; or d) cause the land to be transferred to itself.

Delegated by:

• Council

Delegation to:








s6.64 LGA Actions to be taken


Minute:


42


__________________________________



DATE: DATE:

43


14. Appointment of authorised persons – Local Government Act 1995

Power of Delegation Under s5.42 LGA the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer the exercise of power and discharge of duties to in writing, appoint persons or classes of persons to be authorised for the purposes of performing particular functions under the LGA, including the functions listed below:

1. s9.16 LGA, to give an infringement notice for an offence committed against a regulation or any AMR Local Law made under the LGA.

2. s9.29 LGA, to represent the Shire of Augusta Margaret River in proceedings in the Magistrates Court, the Children’s Court or the State Administrative Tribunal.

3. s3.37 – 3.48 LGA, to impound abandoned vehicle wrecks and goods involved in certain contraventions.

4. s3.25 LGA, to give a person who is the owner, or the occupier of land a notice in writing requiring the person to do anything to the land that is specified in Schedule 3.1, and inform the owner if the occupier is not the owner of the notice given.

5. s3.26 LGA, where if the person who is given a notice fails to comply with it, the authorised officer may do anything that is considered necessary to achieve the purpose for which the notice was given and continue to undertake works that are not carried out by the owner or occupier and recover the costs as a debt.

6. S3.31(2) LGA, power to enter property when a notice has been given under s3.32 LGA of the intended entry and purpose of entry.

7. To exercise the powers and duties of an authorised person under any AMR Local Law.

Delegated by:

• Council

Delegation to:








44


Section 9.10 LGA Appointment of authorised persons

Section 3.24 LGA Authorising persons under this subdivision

Section 3.25-3.26 Local Government Act 1995: Notices requiring certain things done by owner or occupier of land, Additional powers when notices given

AMR Local Laws

Section 9.16 Local Government Act 1995: Infringement notices

Section 9.29 Local Government Act 1995: Representing local government in court

Section 3.37-3.48 Local Government Act 1995: Impounding abandoned vehicle wrecks and goods involved in certain contraventions


Minute:


__________________________________



DATE: DATE:

45


Delegations – other legislation

LG (Miscellaneous Provisions) Act 1960

15. LG (Miscellaneous Provisions) Act 1960 – Impounding of cattle

Power of Delegation Under s5.42 LGA the Council of the Shire of Augusta Margaret River hereby delegates authority to the Chief Executive Officer the exercise of powers and the discharge of duties to appoint persons authorisation to establish and maintain public pounds, and impound cattle in accordance with s448-449 LG (Miscellaneous Provisions) Act 1960, and to otherwise exercise the powers and discharge the duties of the local government under Part XX LG (Miscellaneous Provisions) Act 1960.

Delegated by:

• Council

Delegation to:


Records to be kept by delegates Regulation 19 LG (Admin) Regulations 1996, requires delegates to keep a written record of how and when they exercise the power or discharge the duty and the persons or classes of persons directly affected.

Section 455 LG (Miscellaneous Provisions) Act requires local government to maintain a register of cattle impounded.

All evidentiary documents must meet the requirements of r19 LG (Admin) Regulations 1996 and be retained on the Shire’s record keeping database.




s2 LG (Miscellaneous Provisions) Act 1960 Act to be read as part of LGA 1995.



Part XX Local Government (Miscellaneous Provisions) Act 1960 Cattle trespass, pounds, pound keepers and rangers

46



Minute:


__________________________________



DATE: DATE:

47


Building Act 2011

16. Building Power of Delegation Under s127 Building Act 2011 the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer the exercise of power and discharge of duties to:

1. approve or refuse to grant or modify building and demolition permits s , occupancy permits, building approval certificates, issue or revoke Building Orders, and perform associated functions of a permit authority pursuant to the Building Act 2011, including the sections listed below:

a) Section 18 Further information

b) Section 20 Grant of Building Permit

c) Section 21 Grant of Demolition Permit

d) Section 22 Further grounds for not granting an application

e) Section 27 Conditions imposed by permit authority

d)f) Section 55 Further information

g) Section 58 Grant of occupancy permit or building approval certificate

h) Section 59 Time for granting occupancy permit or building approval certificate

i) Section 60 Notice of decision not to grant occupancy permit or grant building approval certificate

e)j) Section 62 Conditions imposed by permit authority

f)k) Section 65 Extension of period of duration of an occupancy permit or building approval certificate granted for a limited period of time.

g)l) Section 110 Building Orders

h)m) Section 117 Revocation of Building Order

i)n) Section 118 Permit authority may give effect to building order if non-compliance

j)o) Section 139 Presumptions about authority to do certain things.

2. Initiate a prosecution pursuant to s133(1) for an offence against the Building Act 2011.

2.3. Under s96 Building Act 2011, designate an employee of the local government as an authorised person for the purposes of:

a) the Building Act 2011 in relation to buildings and incidental structures located, or proposed to be located, in the district of the local government; and

b) s93(2)(d), to inspect or test an existing building for the purpose of monitoring whether a provision of the regulations is being complied with.

3.4. Under regulation 70 Building Regulations 2012, appoint an employee of the local government as an authorised officer or approved officer in relation to infringement notices issued for offences prescribed under the Building Regulations 2012.

Conditions

Reg 5A Building Regulations 2012 requires that a person authorised for the purposes s93(2)(d) Building Act 2011 have the appropriate experience or qualifications.

48


Delegated by:

• Council

Delegation to:


Records to be kept by delegates s130 Building Act 2011 and regulation 12 Building Regulations 2012 requires delegates to keep a written record of applications for a building permit, demolition permit, occupancy permit and related documents, building certificates, building orders and related documents, notices of completion and cessation in relation to a building permit and documents relating to inspections. s97 Building Act 2011 requires all authorised officers to be issued with an identity card, identifying the person as an authorised person.

All evidentiary documents must be retained on the Shire’s record keeping database.


s127 Building Act 2011 Special permit authorities and local governments

Power to Sub-delegate: s127 (6A) Building Act 2011 CEO may delegate powers and duties of local government to other employees


Division 2 of Part 2 Building Act 2011

Divisions 1,2 and 3 of Part 4 Building Act 2011

Reg 5A Building Regulations 2012 – Authorised Persons

Reg 70 Building Regulations 2012 – Infringement Notices


Minute:


__________________________________



DATE: DATE:

49


Local Planning Scheme No 1

17. Planning Power of Delegation Under Clause 82(1) of the Deemed Provisions of the Local Planning Scheme No.1, the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer the exercise of power and discharge of duties to:

1. Make determinations on the sufficiency of information provided with applications for development approval pursuant to Clause 63 of the Deemed Provisions of LPS1.

2. Advertise and provide notice of applications for development approval pursuant to clause 64of the Deemed Provisions of LPS1.

3. Determine applications pursuant to Part 9 of the Deemed Provisions of LPS1 for development approval including:

a) any conditions to be imposed; b) the period of validity of the approval; and c) extension to the term of development approval pursuant to Clause 77 of the Deemed

Provisions

where no variations to Council Policy or Scheme Standards are proposed.

4. Determine applications where variations to Development requirements of LPS1 pursuant to clauses 4.21.2 (variation to Building Envelope), 5.5 (variations to site development standards), 5.10.2 (variation to building envelopes), and 59 of the Deemed Provisions (Amendment of local development plan) are proposed.

5. Any matter prescribed under the Residential Planning Codes including variations and determinations under performance criteria.

6. Require the repair of any advertisement pursuant to clause 80 the Deemed Provisions of LPS 1 7. Prescribe, vary, specify and determine any requirements, standards or limitations which may be

prescribed, varied, specified or determined under the Scheme with respect to the use or development of land or buildings where not inconsistent with Council Policy;

8. Accept and determine cash-in-lieu payments; 9. Determine amended applications for development approval lodged pursuant to clause 77 of the

Deemed Provisions. 10. Make determinations to vary provisions pursuant to clause 12 of the Deemed Provisions of LPS1 to

facilitate the conservation of a place entered in the Register of Places under the Heritage of Western Australia Act 1990.

11. Make any determinations and exercise any discretionary powers contained within LPS1 and in any schedules of LPS1;

12. Determine land use pursuant to clause 4.4 of LPS1 13. Determine built strata applications that have been delegated to the Shire of Augusta Margaret River

by the WAPC pursuant to Section 25(1) of the Strata Title Act 1985 and impose any relevant planning conditions.

14. Determine that a structure plan complies with clause 16(1) of the Deemed Provisions of LPS1. 15. Appoint officers authorisation to, at all reasonable times and with such assistance as may be required,

enter any building or land for the purpose of ascertaining whether the provisions of the Scheme are being observed, pursuant to clause 79 of the Deemed Provisions of LPS1.

Delegated by:

• Council

50


Delegation to:




Clause 82(1) of the Deemed Provisions of Local Planning Scheme No. 1: The local government may, by resolution, delegate to a committee or to the local government CEO the exercise of any of the local government’s powers or the discharge of any of the local government’s duties under this Scheme other than this power of delegation. Power to Sub-delegate: Clause 83 Deemed Provision of Local Planning Scheme No 1: The local government CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s functions under this Scheme other than this power of delegation. Clause 84 of the Deemed Provisions of LPS1: s5.46 and related regulations apply to a delegation made under this clause as if the delegation were made under Part 5 of the LGA. Power/duty delegated:



Minute:


__________________________________



DATE: DATE:

51


Planning and Development Act 2005

18. Directions under s214 Planning and Development Act 2005

Power of Delegation Under s5.42(1)(b) LGA, the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer the exercise of powers or the discharge of any of its duties to give directions under the Planning and Development Act 2005 section 214(2), (3) and (5).

Delegated by:

• Council

Delegation to:




s 5.42 (1)(b) LGA A local government may delegate to the CEO the exercise of any of its powers or the discharge of any of its duties under the Planning and Development Act 2005 section 214(2), (3) or (5).



s214 Planning and Development Act 2005 Illegal development, responsible authority’s powers as to.


Minute:


__________________________________


52



DATE: DATE:

53


Food Act 2008

19. Functions under the Food act 2008

Power of Delegation Under s118(2)(b) Food Act 2008 the Council of the Shire of Augusta Margaret River hereby delegates authority to the Chief Executive Officer the exercise of powers and discharge of duties of any Local Government functions under the Food Act 2008, including the functions listed below:

1. s122, to appoint persons to be authorised officers for the purposes of the Food Act 2008;

2. s126, designate authorised officers to perform certain functions under the Food Act 2008;

Under s118(2)(b) Food Act 2008 the Council of the Shire of Augusta Margaret River hereby delegates authority to the Manager Health, Waste and Ranger Services, Coordinator Environmental Health and Events, and Environmental Health Officers the exercise of powers and discharge of duties of any Local Government functions under the Food Act 2008, excluding the powers to appoint officers authorisation under s122 and designate authorised officers to perform certain functions under s126 Food Act 2008.

Delegated by:

• Council

Conditions

s126 (13) Food Act 2008, a person who is a designated officer for the purposes of giving infringement notices under s126(2) is not eligible to be a designated officer for the purposes of withdrawing infringement notices or extending the period of payment time, or any of the other subsections under s126.

s122 Food Act 2008 Person to be an authorised officer must have appropriate qualifications and experience to perform the function designated to them or hold office as an Environmental Health Officer under the Public Health Act 2016 and the Health (Miscellaneous Provisions) Act 1911.

Records to be kept by delegates Section 121 Food Act 2008 requires local government to report to the Department of Health on the performance of all functions and works taken under the Food Act 2008 by the local government.

s123 Food Act 2008 requires all authorised officers to be issued with a certificate of authority as an authorised officer in the prescribed form.


s118(2)(b) Food Act 2008 Local Government (enforcement agency) may delegate a function conferred on it

s118(3) Food Act 2008 Delegation subject to conditions (s119) and guidelines adopted

Regulation 5 Food Regulations 2009: Appropriate enforcement agency: local government

Power to Sub-delegate: S118(4) Food Act 2008 Sub-delegation only permissible if expressly provided in regulations.


54


Section 118 Food Act 2008: Functions of enforcement agencies and delegation

Section 122,123 Food Act 2008: Appointment of authorised officers

Section 126 Food Act 2008: Infringement notices


Minute:


__________________________________



DATE: DATE:

55


Bush Fires Act 1954

20. Bush fires, prohibited burning times, restricted burning times and prosecution of offences

Power of Delegation Under s48 Bush Fires Act 1954 the Council of the Shire of Augusta Margaret River hereby delegates authority to the Chief Executive Officer, the exercise the powers and discharge of duties of any Local Government functions under the Bushfires Act 1954.

Under s17(10) and 18(5c) Bushfires Act 1954 the Council of the Shire of Augusta Margaret River hereby delegates authority to the Shire President and Chief Bushfire Control Officer to vary prohibited burning times under sections 17(7),(8) and vary restricted burning times under section 18 Bushfires Act 1954.

Under s59(3) Bushfires Act 1954 the Bush Fire Control Officers, Coordinator Legal Services, Coordinator Ranger Services and Rangers are delegated authority to:

i. prosecute offences committed against this Act, in accordance with s59 Bushfires Act 1954; and ii. issue infringement notices pursuant to 59A Bushfires Act 1954.

Delegated by:

• Council

Condition

Regulation 4a Bushfires (Infringement) Regulations 1978 – only the Shire President or Chief Executive Officer may withdraw an infringement notice.

Records to be kept by delegates Section 41 BFA requires local government to keep a register of bush fire brigades and their members.

Section 50 BFA requires local government to maintain records of all bush fire control officers and bush fire brigade officers appointed, and particulars of the bush firefighting equipment and appliances available within the district.

All evidentiary documents must be retained on the Shire’s record keeping database.


Section 48 Bush Fires Act 1954: Delegation by local governments

Power to Sub-delegate: S48(3) BFA A delegation under this section does not include the power to sub-delegate.


Section 17 Bush Fires Act 1954: Prohibited burning times may be declared by Minister

Section 18 Bush Fires Act 1954: Restricted burning times may be declared by Minister

56


Section 59 Bush Fires Act 1954: Prosecution of offences

Section 59A Bush Fires Act 1954: Infringement notices


Minute:


__________________________________



DATE: DATE:

57


Cat Act 2011

21. Functions of the Cat Act 2011

Power of Delegation Under s44 Cat Act 2011 the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer:

a) the powers, duties and functions of the local government under the Cat Act 2011; and b) the power to appoint officers authorisation for the purposes of performing particular functions under

the Act in accordance with s48 Cat Act 2011.

Condition

For the purposes of s45(6) Cat Act 2011, a power or duty under sections 63 (content of an infringement notice) ,64 (extension of time) ,65 (withdrawal of notice) cannot be delegated to an authorised person.

Delegated by:

• Council

Delegation to:


Records to be kept by delegates The delegate is to keep a written record of how and when they exercise the power or discharge the duty and the persons directly affected. The delegate is to ensure that all evidentiary documents are retained on the Shire’s record keeping database.

All authorised persons are to be issued with a certificate stating that the person is an authorised person for the purposes of the Cat Act 2011.


s44 Cat Act 2011 Delegation by local government

Power to Sub-delegate: s45 Cat Act 2011 A CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or discharge of duties under another provision of this Act.


Functions conferred or imposed on the Local Government under the Cat Act 2011


Minute:

58



__________________________________



DATE: DATE:

59


Dog Act 1976

22. Administration and enforcement of the Dog Act 1976

Power of Delegation

Under s10AA of the Dog Act 1976, the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer:

a) the powers, duties and functions of the local government under the Dog Act 1976; and b) the power to appoint officers authorisation for the purposes of performing particular functions under

the Dog Act 1976 in accordance with s29(1) of the Dog Act 1976.

Delegated by:

• Council

Delegation to:


Conditions

The CEO is authorised to further delegate Part (i) of the delegation above, all powers, duties and functions of the local government under the Dog Act 1976, in accordance with s10AA(3) Dog Act 1976.

For the purposes of Regulation 35(6) of the Dog Regulations 2013, an authorised officer appointed under s29(1), to issue an infringement notice, order, or commence proceedings is not authorised to withdraw any such proceedings.


s14 Dog Act 1976 requires local government to maintain a dog register.

All authorised persons are to be issued with a certificate stating that the person is an authorised person for the purposes of the Dog Act 1976 (s11(3) Dog Act 1976).


S10AA Dog Act 1976 Delegation of local government powers and duties


s10AA (3) Dog Act 1976: The delegation [from Council to the CEO] may expressly authorise the delegate to further delegate the power or duty.


60


Functions conferred or imposed on the Local Government under the Dog Act 1976


Minute:


__________________________________



DATE: DATE:

61


Public Health Act 2016

23. Appointment of authorised officers under the Public Health Act 2016

Power of Delegation Under section 21(1)(b)(i) of the Public Health Act 2016 the Council of the Shire of Augusta Margaret River hereby delegates to the Chief Executive Officer the exercise of powers and discharge of duties to:

i. S24 Public Health Act 2016 - designate a person or class of persons as authorised officers for the purposes of the Public Health Act 2016 or another specified Act.

Delegated by:

• Council

Delegation to:


Conditions

s25 Public Health Act 2016: Certain authorised officers to have qualifications and experience.

s30 Public Health Act 2016: An authorised officer by virtue of the designation must be issued a certificate of authority.


Section 30 of the Public Health Act 2016 specifies that an authorised officer must be issued a certificate of authority card by the Local Government.


s21 Public Health Act 2016: Enforcement agency may delegate Power to Sub-delegate: s21(4)(5) Public Health Act 2016: Sub-delegation is permissive if the regulations expressly authorise a delegated power or duty of a Local Government to be further delegated, and the delegated power or duty is further delegated to a person or body in accordance with those regulations.


S24 Public Health Act 2016: Designation of authorised officers s30 Public Health Act 2016: Certificates of authority


62


Minute:


__________________________________



DATE: DATE:

63


Authorisations Appointed by Council

Local Government Act

24. Execution of Documents Power of Authorisation 1. Under section 9.49A(4, 5) Local Government Act 1995, the Council of the Shire of Augusta Margaret

River authorises the Chief Executive Officer, to sign and execute deeds and other documents on behalf of the Shire of Augusta Margaret River.

2. Under section 9.49A(4, 5) Local Government Act 1995, the Council of the Shire of Augusta Margaret River authorises the Director Sustainable Development, Director Corporate and Community Services and Director Infrastructure Services, to sign and execute deeds and other documents on behalf of the Shire of Augusta Margaret River when the CEO is unavailable.

3. Under section 9.49A(2) Local Government Act 1995, the Council of the Shire of Augusta Margaret River authorises the Common Seal to be affixed to the following documents as required:

• Any document relating to a disposition in property, where that disposition is undertaken in accordance with section 3.58 LGA.

• Any document created or executed on behalf of the Local Government that is required to be lodged with the Registrar of Titles.

• Local Planning Scheme and Local Planning Scheme Amendments, where amendment has been approved by Council.

• Adoption or Repeal of Local Laws where all procedures under s3.12 LGA have been complied with.

Authorised by:

• Council

Conditions

s 9.49A(2) Local Government Act 1995: the common seal of a local government is not to be affixed to any document except as authorised by the local government.

Record keeping Details of all transactions where the common seal has been affixed must be recorded in a Common Seal Register, as follows:

• Date of affixing seal

• Document Title / description of document

• Minute number of the Council decision authorising the affixing of the common seal.

Legislation Power to authorise:

64


S9.49A Local Government Act 1995: Execution of Documents

Power/duty authorised:

S9.49A Local Government Act 1995: Execution of Documents

Authorisation reviewed:

Minute:

SIGNED BY SIGNED BY

__________________________________



DATE: DATE:

65


Health (Miscellaneous Provisions) Act 1911

25. Appointment of authorisations – Health (Miscellaneous Provisions) Act 1911

Power of Authorisation Under the provisions of s26 Health (Miscellaneous Provisions) Act 1911 (as amended), the Council of the Shire of Augusta Margaret River hereby appoints the officers holding the following positions authorisation to discharge the powers and functions of the local government under the Health (Miscellaneous Provisions) Act 1911 (as amended):

• Chief Executive Officer • Director Sustainable Development • Manager Health, Waste and Ranger Services • Coordinator Environmental Health and Events • Environmental Health Officers

Authorised by:

• Council


s26 Health (Miscellaneous Provisions) Act 1911: Powers of local government


Functions of the local government under the Health (Miscellaneous Provisions) Act 1911


Minute:

SIGNED BY SIGNED BY

__________________________________



DATE: DATE:

66


Health (Asbestos) Regulations 1992

26. Appointment of authorisations – Health (Asbestos) Regulations 1992

Power of Authorisation Under Part 2 of the Criminal Procedures Act 2004, the Council of the Shire of Augusta Margaret River appoints:

a) Environmental Health Officers as authorised officers for the purpose of issuing infringement notices under the Health (Asbestos) Regulations 1992; and

b) Manager of Health, Waste and Ranger Services and Director Sustainable Development as approved officers for the purposes of extending the period to pay or withdrawing an infringement notice under the Health (Asbestos) Regulations 1992.

Authorised by:

• Council

Condition An authorised officer cannot also be an approved officer under the Criminal Procedures Act 2004.


Part 2 Criminal Procedures Act 2004: dealing with alleged offenders without prosecuting them S15(d)(5)Health (Asbestos) Regulations 1992: appoint persons or classes of persons to be authorised officers or approved officers for purpose of Criminal Procedures Act 2004.


Part 2 Criminal Procedures Act 2004: dealing with alleged offenders without prosecuting them s14 Criminal Procedures Act 2004: Extension of time

s15 Criminal Procedures Act 2004: Withdrawal of infringement notices


Minute:

SIGNED BY SIGNED BY

__________________________________



DATE: DATE:

67


Control of Vehicles (Off-road Areas) Act 1978

27. Appointment of authorisations – Control of Vehicles (Off-road Areas) Act 1978

Power of Authorisation Under s38(3) Control of Vehicles (Off-road Areas) Act 1978, the Council of the Shire of Augusta Margaret River appoints the officers holding the following positions authorisation to undertake the powers of an ‘authorised officer’ as prescribed in the Control of Vehicles (Off-road Areas) Act 1978 and regulations.

• Chief Executive Officer • Director Sustainable Development • Manager Health, Waste and Ranger Services • Coordinator Ranger Services • Rangers

Authorised by:

• Council

Conditions The withdrawal of infringement notices can only be approved by the Chief Executive Officer, Director Sustainable Development or Manager Health, Waste and Ranger Services.

Infringement notices can only be issued by Coordinator Ranger Services and Rangers.


S38(3) Control of Vehicles (Off Road Areas) Act 1978: Authorised officers


Functions of ‘authorised officers’ under the Control of Vehicles (Off Road Areas) Act 1978


Minute:

SIGNED BY SIGNED BY

__________________________________



DATE: DATE:

68

[email protected] www.amrshire.wa.gov.au

Margaret River

41 Wallcliffe Road (PO Box 61) Margaret River 6285

T (08) 9780 5255 | F (08) 9757 2512

Office Hours Mon to Fri, 9am – 4pm

Phone enquiries 8am – 4.30pm

Augusta

66 Allnutt Terrace Augusta 6290

T 08 9780 5660 | F (08) 9758 0033

Office Hours Mon to Fri, 9am – 4pm (closes for lunch 12pm – 1pm)


If you are deaf, or have a hearing impairment or speech impairment, contact us through the National Relay Service:

• TTY users phone 133 677 then ask for 08 9780 5255

• Speak and Listen users phone 1300 555 727 then ask for 08 9780 5255

• Internet relay users connect to the NRS www.relayservice.com.au then ask for 08 9780 5255

69


http://www.relayservice.com.au/


Register of Delegations 2018 Delegations from Chief Executive Officer to Employees Adopted by Council

Minute Ref:

70


Contents

Introduction 1

Local Government Act 1995 2 Delegation 1 Administrative structure of the local government 2

Delegation 2 Administering Local Laws 4

Delegation 3 Closure of thoroughfares 6

Delegation 4 Tenders and expressions of interest 8

Delegation 5 Contract Variations 10

Delegation 6 Disposal of land via lease or licence 12

Delegation 7 Disposal of property 14

Delegation 8 Power to make payments 16

Delegation 9 Write off debts, and waive or grant concessions 18

Delegation 10 Power to invest 20

Delegation 11 Agreement as to payment of rates and service charges 21

Delegation 12 Rateable Land Exemptions 22

Delegation 13 Taking action on unpaid rates 23

Delegation 14 Withdraw and extend period of payment of infringement notices issued under Local Government Act 1995 25

Delegation 15 Release of owner information for properties within the Shire – s5.94 LGA 27

LG (Miscellaneous Provisions) Act 1960 29 Delegation 16 LG (Miscellaneous Provisions) Act 1960 – Impounding of cattle 29

Building Act 2011 31 Delegation 17 Building 31

Local Planning Scheme No 1 33 Delegation 18 Planning 33

Planning and Development Act 2005 35 Delegation 19 Directions under s214 Planning and Development Act 2005 35

Cat Act 2011 37 Delegation 20 Functions of the Cat Act 2011 37

Dog Act 1976 39 Delegation 21 Administration and enforcement of the Dog Act 1976 39

Liquor Control Act 1988 41 Delegation 22 Liquor Licensing Administration – Section 39 & 40 Certificates 41

Liquor Control Act 1988 43 Delegation 23 Liquor Licensing Administration – Consumption of Alcohol 43

71


Alignment with Community Strategic Plan This document relates to Goal 5 in the Community Strategic Plan.

Goal 1 Valuing, protecting and enhancing the natural environment

Goal 2 Welcoming, inclusive and healthy communities

Goal 3 Ensuring sustainable development

Goal 4 Vibrant and diverse economy

Goal 5 Effective leadership and governance

72


Introduction The Local Government Act 1995 (LGA) provides the power to delegate certain functions to the Chief Executive Officer (Section 5.42).

Section 5.43 LGA provides limitations on what powers and duties a local government can delegate to its CEO, stating that:

A local government cannot delegate to a CEO any of the following powers or duties —

(a) any power or duty that requires a decision of an absolute majority or a 75% majority of the local government;

(b) accepting a tender which exceeds an amount determined by the local government for the purpose of this paragraph;

(c) appointing an auditor;

(d) acquiring or disposing of any property valued at an amount exceeding an amount determined by the local government for the purpose of this paragraph;

(e) any of the local government’s powers under section 5.98, 5.98A, 5.99, 5.99A or 5.100;

(f) borrowing money on behalf of the local government;

(g) hearing or determining an objection of a kind referred to in section 9.5;

(ha) the power under section 9.49A (4) to authorise a person to sign documents on behalf of the local government;

(h) any power or duty that requires the approval of the Minister or the Governor;

(i) such other powers or duties as may be prescribed.

Furthermore the Act allows for the Chief Executive Officer to sub-delegate powers or duties to other employees (Section 5.44), other than the power to delegate, and to place conditions on any delegations if desired (Section 5.44(4)). Delegations are to be in writing and are to be reviewed on an annual basis.

Recipients of delegated powers and duties are required to keep a record of each occasion in which they exercise the powers or discharge the duties. Regulation 19 of the LG (Admin) Regulations 1996 states that:

Where a power or duty has been delegated under the Act to the CEO or to any other local government employee, the person to whom the power or duty has been delegated is to keep a written record of —

(a) how the person exercised the power or discharged the duty; and

(b) when the person 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.

Other Acts administered by local government provide the power to delegate or appoint officers authorisation to exercise particular powers or discharge of duties.

This document consists of delegations by the Chief Executive Officer to employees under the Local Government Act 1995, and delegations by the Chief Executive Officer to employees under other Acts administered by local government. Each delegation provides information on the respective head of power.

73


Local Government Act 1995 Delegation 1 Administrative structure of the local

government Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates authority for the signing off of advertising and appointments of existing positions that have been adopted within the current workforce plan (including classification and full time equivalent), and excluding any new or reclassified positions in accordance with Shire procedures.

Delegated by: Chief Executive Officer

Sub-delegates to: Director Corporate and Community Services Director Infrastructure Services Director Sustainable Development







s 5.2 LGA Administration of local governments


Minute:

SIGNED AND AUTHORISED BY

__________________________________

GARY EVERSHED

74


CHIEF EXECUTIVE OFFICER

DATE:

75


Delegation 2 Administering Local Laws Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates authority to administer and enforce the provisions of any AMR Local Law made under Division 2 of Part 3 LGA, determine applications received in accordance with any AMR Local Law, and to otherwise exercise the powers and discharge the duties of the local government under those local laws.


Sub-delegates to: Director Corporate and Community Services Director Infrastructure Services Director Sustainable Development Manager Health, Waste and Ranger Services Manager Planning and Development Manager Asset Services Coordinator Legal Services Coordinator Environmental Health and Events Environmental Health Officers Coordinator Ranger Services Rangers

Conditions Coordinator Ranger Services and Rangers are delegated authority to enforce the provisions of any AMR Local Law without having the power to determine applications.


Legislation

Power to delegate:





S3.5 LGA Legislative power of local governments

Part 9 LGA Division 2 Enforcement and legal proceedings

Shire of Augusta Margaret River Local Laws

76



Minute:


__________________________________

GARY EVERSHED


DATE:

77


Delegation 3 Closure of thoroughfares Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates the exercise of powers and discharge of duties to:

1. Close any thoroughfare that the Shire manages to the passage of vehicles, wholly or partially, for a period not exceeding 4 weeks pursuant to s3.50(1) LGA;

2. Close any thoroughfare that the Shire manages to the passage of vehicles, wholly or partially, for a period exceeding 4 weeks after giving local public notice of the proposed closure pursuant to s3.50(1a) LGA.

3. Partially and temporarily close a thoroughfare, without giving public notice if the closure-

a) is for the purpose of carrying out repairs or maintenance; and b) Is unlikely to have a significant adverse effect on users of the thoroughfare;

pursuant to s3.50A LGA. 4. Give notice to the owners of the land or any land that is likely to be adversely affected, of any repairs or

maintenance to be done, giving details of the proposal and inviting submissions pursuant to s3.51 LGA.


Sub-delegates to: Director Infrastructure Services Manager Works Manager Asset Services







s3.50 LGA Closing certain thoroughfares to vehicles

s 3.50A LGA Partial closure of thoroughfare for repairs or maintenance

s3.51 LGA Affected owners to be notified of certain proposals


78



Minute:


__________________________________

GARY EVERSHED


DATE:

79


Delegation 4 Tenders and expressions of interest Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates the exercise of powers and the discharge of duties to: to invite tenders and expressions of interest before entering into a contract for the supply of goods or services, pursuant to s3.57 LGA.

1. Publicly invite tenders before the local government enters into a contract for the supply of goods

and services over the $150,000 threshold (excluding GST) (Reg 11 LG (F&G) Regulations

1996);

2. Where considered beneficial, publicly invite tenders though not required to do so (Reg 13 LG


3. Before tenders are publicly invited, determine in writing the criteria for deciding which tender

should be accepted (Reg 14(2a) LG (F&G) Regulations 1996);

4. Vary tender information after public notice of invitation to tender and before the close of tenders

[F&G Reg.14(5)] (Reg 14(5) LG (F&G) Regulations 1996);

5. Reject a tender (Reg 18(1-3) LG (F&G) Regulations 1996);

6. Seek clarification from tenderers in relation to information contained in their tender submission

(Reg 18(4a) LG (F&G) Regulations 1996);

7. Assess by means of written evaluation the extent to which each tender satisfies the criteria for

deciding which tender to accept (Reg 18(4) LG (F&G) Regulations 1996);

8. Make minor variations to the goods or services required, before entering into a contract with the

successful tenderer (Reg 20(1) LG (F&G) Regulations 1996);

9. Seek Expressions of Interest before entering the tender process (Reg 21 LG (F&G) Regulations

1996);

Conditions Minor variations to the goods and services required may only be negotiated and agreed prior to entering into

a contract up to a maximum of 10% of the price tendered, or $50,000, whichever is the lesser amount.

Delegated by:

Chief Executive Officer

Sub-delegates to: Director Infrastructure Services Director Sustainable Development Director Corporate and Community Services


80







s3.57 LGA Tenders for providing goods or services



Minute:


__________________________________

GARY EVERSHED


DATE:

81


Delegation 5 Contract Variations Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates the exercise of powers and the discharge of duties under Regulation 21A LG (Functions and General) Regulations 1996 to vary a contract for the supply of goods or services with a successful tenderer. Conditions Reg 21A LG (F&G) Regulations 1996) –

a) The variation to the contract is necessary in order for the goods or services to be supplied and does not change the scope of the contract; or

b) The variation is a renewal or extension of the term of the contract as per regulation 11(2)(j) LG (F&G) Regulations 1996).

Price variances may not exceed 10% of the contract value, or $50,000, whichever is the lesser amount, in each instance or cumulatively.

Delegated by:








Regulation 21A Local Government (Functions and General) Regulations 1996


Minute:

82



__________________________________

GARY EVERSHED


DATE:

83


Delegation 6 Disposal of land via lease or licence Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates the exercise of powers and discharge of duties under s3.58 LGA to lease, sub lease, renew or reassign a lease over property to dispose of land (including buildings) via lease or licence where the disposition is exempt under r30 LG (Functions and General) Regulations 1996.









s3.58 LGA Disposing of Property r30 LG (Functions and General) Regulations 1996


Minute:


__________________________________

GARY EVERSHED

84



DATE:

85


Delegation 7 Disposal of property Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates the exercise of powers and discharge of duties under s3.58 LGA:

1. To dispose of property where the disposition is exempt from the requirements of s3.58 LGA by regulation 30 of the LG (Functions and General) Regulations 1996; and

2. Where the disposition of property (other than land) is not exempt under regulation 30 of the LG (Functions and General) Regulations 1996, to dispose of property (other than land):

a) to the highest bidder at public auction (s3.58(2)(a); or

b) to 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 (s3.58(2)(b); or

c) by private treaty only in accordance with s3.58(3) and prior to the disposal, to consider any submissions received following the giving of public notice (s3.58(3)).

Conditions

The disposal of property (other than land), for any single project or where not part of a project but part of a single transaction, is limited to a maximum value of $50,000 or less. This value is established in accordance s5.43(d) LGA.

Delegated by:









s3.58 LGA Disposing of Property

86


Regulation 30 Functions and General Regulations 1996 Dispositions of property excluded from Act s3.58


Minute:


__________________________________

GARY EVERSHED


DATE:

87


Delegation 8 Power to make payments

Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates the exercise of powers and discharge of duties under Regulations 12,13 LG (Financial Management) Regulations 1996, to make payment from the Municipal Fund or, the Trust Fund. and the Reserve Fund in accordance with the Annual Budget to a variance of 10% from the budget and not more than an amount of $10,000.


Sub-delegates to: Director Infrastructure Services Director Sustainable Development Director Corporate and Community Services Manager Corporate Services Manager Human and Community Services

Conditions

Delegates must comply with the Procedures approved by the CEO in accordance with Financial Management Regulation 5.

Director Corporate and Community Services is delegated the power to make payment from the Municipal Fund, the Trust Fund and the Reserve Fund in accordance with the Annual Budget to a variance of 10% from the budget and not more than an amount of $10,000.00.

Director Infrastructure Services, Director Sustainable Development and Manager Corporate Services are delegated the power to make payments from the Municipal Fund and to make a variance of up to $2000.00 to the budget.

Manager Human and Community Services is delegated the power to make payments from the Municipal Fund in accordance with the Annual Budget.







Part 6 of the LGA

88


Regulation 11-13, 19 Local Government (Financial Management) Regulations 1996


Minute:


__________________________________

GARY EVERSHED


DATE:

89


Delegation 9 Write off debts, and waive or grant concessions

Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates the exercise of powers and discharge of duties under s6.12 LGA to:

a) waive or grant concessions in relation to money owed to the Shire (excluding rate concessions); and b) to write off money which is owed to the Shire;

to a value not exceeding $3,000.


Sub-delegates to: Director Infrastructure Services Director Sustainable Development Director Corporate and Community Services Manager Corporate Services







Section 6.12 Local Government Act 1995: Power to defer, grant discounts, waive or write off debts


Minute:


__________________________________

90


GARY EVERSHED


DATE:

91


Delegation 10 Power to invest Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates the exercise of power and discharge of duties to invest surplus funds in accordance with s6.14 LGA, r19 Local Government (Financial Management) Regulations 1996 and Council’s adopted policies.


Sub-delegates to: Director Corporate and Community Services Manager Corporate Services







s6.14 LGA Power to invest

Regulation 19 Local Government (Financial Management) Regulations 1996 Management of investments

AMRSC Investments Policy


Minute:


__________________________________

GARY EVERSHED


DATE:

92


Delegation 11 Agreement as to payment of rates and service charges

Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates the exercise of power and discharge of duties under s6.49 LGA to accept payment of a rate or service charge due and payable by a person in accordance with an agreement made with the person.

Delegated by:









s6.49 LGA Agreement as to payment of rates and service charges


Minute:


__________________________________

GARY EVERSHED


DATE:

93


Delegation 12 Rateable Land Exemptions Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates the exercise of power and discharge of duties under s6.26 LGA, to determine rate exemption applications.

Delegated by:


Sub-delegates to: Director Corporate and Community Services







s6.26 LGA Rateable land


Minute:


__________________________________

GARY EVERSHED


DATE:

94


Delegation 13 Taking action on unpaid rates Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates the exercise of power and discharge of duties under s6.64 LGA, where, if any rates or service charges which are due to the local government remain unpaid for at least 3 years, to take possession of the land and hold the land as against a person having an estate or interest in the land and:

a) from time to time lease the land; or b) sell the land; or c) cause the land to be transferred to the Crown; or d) cause the land to be transferred to itself.

Delegated by:









s6.64 LGA Actions to be taken


Minute:


__________________________________

95


GARY EVERSHED


DATE:

96


Delegation 14 Withdraw and extend period of payment of infringement notices issued under Local Government Act 1995

Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates the exercise of powers and discharge of duties to:

1. s9.19, LGA, extend the period of time in which payment of an infringement notice may be made; and

2. 9.20 LGA, withdraw an infringement notice,

for any offence committed against a regulation or any AMR Local Law made under the LGA.


Sub-delegates to: Director Sustainable Development Director Corporate Services Director Infrastructure Services Manager Planning and Development Manager Health, Waste and Ranger Services Manager Asset Services







s9.19 LGA Extension of time

s9.20 LGA Withdrawal of notice


Minute:

97



__________________________________

GARY EVERSHED


DATE:

98


Delegation 15 Release of owner information for properties within the Shire – s5.94 LGA

Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates the exercise of powers and discharge of duties to release information to a person relating to a

a) rates record, or b) register of owners and occupiers under s4.32(6) and electoral rolls;

in accordance with s5.94 LGA and 29B LG (Admin) Regulations 1996.

Conditions

Copies of information relating to a rates record or register of owners and occupiers (s4.32 (6)) LGA and electoral rolls must not be made available to a person unless –

• the request for the information is made in the manner and form approved by the CEO of the local government; and

• the CEO (or delegated officer) is satisfied, by statutory declaration or otherwise, that the information will not be used for commercial purposes.

[29B LG (Admin) Regulations 1996]


Delegates to: Director Corporate Services Manager Corporate Services



s5.44 LGA CEO may delegate powers and duties to other employees


s5.94 LGA Public can inspect certain local government information

29B LG (Admin) Regulations 1996 Copies of certain information not to be provided

99



Minute:


__________________________________

GARY EVERSHED


DATE:

100


LG (Miscellaneous Provisions) Act 1960 Delegation 16 LG (Miscellaneous Provisions) Act 1960 –

Impounding of cattle Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates the exercise of powers and the discharge of duties of the local government under Part XX LG (Miscellaneous Provisions) Act 1960.


Sub-delegates to: Director Sustainable Development Manager Health, Waste and Ranger Services Coordinator Ranger Services Rangers

Condition

This delegation does not include the power to appoint persons authorisation under s448-449 LG (Miscellaneous Provisions) Act 1960.

Records to be kept by delegates Regulation 19 LG (Admin) Regulations 1996, requires delegates to keep a written record of how and when they exercise the power or discharge the duty and the persons or classes of persons directly affected.

Section 455 LG (Miscellaneous Provisions) Act requires local government to maintain a register of cattle impounded.

All evidentiary documents must meet the requirements of r19 LG (Admin) Regulations 1996 and be retained on the Shire’s record keeping database.




s2 LG (Miscellaneous Provisions) Act 1960 Act to be read as part of LGA 1995.



Part XX Local Government (Miscellaneous Provisions) Act 1960 Cattle trespass, pounds, pound keepers and rangers


101


Minute:


__________________________________

GARY EVERSHED


DATE:

102


Building Act 2011 Delegation 17 Building Power of Delegation

1. approve or refuse to grant or modify building and demolition permits s , occupancy permits, building approval certificates, issue or revoke Building Orders, and perform associated functions of a permit authority pursuant to the Building Act 2011, including the sections listed below:

a) Section 18 Further information

a)b) Section 20 Grant of Building Permit

b)c) Section 21 Grant of Demolition Permit

d) Section 22 Further grounds for not granting an application

e) Section 27 Conditions imposed by permit authority

c)f) Section 55 Further information

g) Section 58 Grant of occupancy permit or building approval certificate

h) Section 59 Time for granting occupancy permit or building approval certificate

i) Section 60 Notice of decision not to grant occupancy permit or grant building approval certificate

d)j) Section 62 Conditions imposed by permit authority

e)k) Section 65 Extension of period of duration of an occupancy permit or building approval certificate granted for a limited period of time.

f)l) Section 110 Building Orders

g)m) Section 117 Revocation of Building Order

h)n) Section 118 Permit authority may give effect to building order if non-compliance

i)o) Section 139 Presumptions about authority to do certain things.

2. Initiate a prosecution pursuant to s133(1) for an offence against the Building Act 2011.

Delegated by:


Sub-delegates to: Director Sustainable Development Manager Planning and Development Building Surveyor Coordinator Building Assets and Maintenance Coordinator Legal Services (in respect of part 2)

Records to be kept by delegates s130 Building Act 2011 and regulation 12 Building Regulations 2012 requires delegates to keep a written record of applications for a building permit, demolition permit, occupancy permit and related documents,

103


building certificates, building orders and related documents, notices of completion and cessation in relation to a building permit and documents relating to inspections. All evidentiary documents must be retained on the Shire’s record keeping database.


s127 Building Act 2011 Special permit authorities and local governments

Power to Sub-delegate: s127 (6A) Building Act 2011 CEO may delegate powers and duties of local government to other employees


Division 2 of Part 2 Building Act 2011

Divisions 1,2 and 3 of Part 4 Building Act 2011

Reg 5A Building Regulations 2012 – Authorised Persons

Reg 70 Building Regulations 2012 – Infringement Notices


Minute:


__________________________________

GARY EVERSHED


DATE:

104


Local Planning Scheme No 1 Delegation 18 Planning Power of Delegation Under Clause 83 of the Deemed Provisions of the Local Planning Scheme No.1, the Chief Executive Officer hereby delegates the exercise of powers and discharge of duties to:

1. Make determinations on the sufficiency of information provided with applications for development approval pursuant to Clause 63 of the Deemed Provisions of LPS1.

2. Advertise and provide notice of applications for development approval pursuant to clause 64 of the Deemed Provisions of LPS1.

3. Determine applications pursuant to Part 9 of the Deemed Provisions of LPS 1 for development approval including:

a) any conditions to be imposed; and b) the period of validity of the approval or consent; c) extension to the term of development approval pursuant to Clause 77 of the Deemed

Provisions

where no variations to Council Policy or Scheme Standards are proposed.

4. Determine applications where variations to Development requirements of LPS1 pursuant to clauses 4.21.2 (variation to Building Envelope), 5.5 (variations to site development standards), 5.10.2 (variation to building envelopes), and 59 of the Deemed Provisions (amendment of Local Development Plan) are proposed.

5. Any matter prescribed under the Residential Planning Codes including variations and determinations under performance criteria.

6. Require the repair of any advertisement pursuant to clause 80 of the Deemed Provisions of LPS 1. 7. Prescribe, vary, specify and determine any requirements, standards or limitations which may be

prescribed, varied, specified or determined under the Scheme with respect to the use or development of land or buildings where not inconsistent with Council Policy.

8. Accept and determine cash-in-lieu payments. 9. Determine requests to amend or cancel development approvals lodged pursuant to clause77 of the

Deemed Provisions. 10. Make determinations to vary provisions pursuant to clause 12 of the Deemed Provisions of LPS 1 to

facilitate the conservation of a place entered in the Register of Places under the Heritage of Western Australia Act 1990.

11. Make any determinations and exercise any discretionary powers contained in LPS1 and in any schedules of LPS1.

12. Determine land use pursuant to clause 4.4 of LPS1. 13. Determine built strata applications that have been delegated to the Shire of Augusta-Margaret River

by the WAPC pursuant to Section 25(1) of the Strata Title Act 1985 and impose any relevant planning conditions.

14. Determine that a structure plan complies with clause 16(1) of the Deemed Provisions of LPS1. 15. Determine planning applications lodged pursuant to clause 68 of the Deemed Provisions of LPS1 for

residential and ancillary development that do not require advertising or where no objections were received during advertising.


Sub-delegates to: Director Sustainable Development

105


Manager Planning and Development in respect of all delegations listed above with the exception of delegation 11

Building Surveyor, in respect of delegation 5 listed above

Coordinator Statutory Planning is delegated the authority to determine applications in respect of item 1, 2, 3, 4 (only where it relates to Clauses 4.21.2 and 5.10.2), 5 and 15 listed above

Senior Planning Officers in respect of delegations 1, 2 and 15 listed above

Planning Officers in respect of delegation 1,2



Clause 82(1) of the Deemed Provisions of Local Planning Scheme No. 1: The local government may, by resolution, delegate to a committee or to the local government CEO the exercise of any of the local government’s powers or the discharge of any of the local government’s duties under this Scheme other than this power of delegation. Power to Sub-delegate: Clause 83 Deemed Provision of Local Planning Scheme No 1: The local government CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s functions under this Scheme other than this power of delegation. Clause 84 of the Deemed Provisions of LPS1: s5.46 and related regulations apply to a delegation made under this clause as if the delegation were made under Part 5 of the LGA. Power/duty delegated:



Minute:


__________________________________

GARY EVERSHED


DATE:

106


Planning and Development Act 2005 Delegation 19 Directions under s214 Planning and

Development Act 2005 Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates the exercise of powers and discharge of duties to give directions under the Planning and Development Act 2005 section 214(2), (3) and (5).


Sub-delegates to: Director Sustainable Development Manager Planning and Development Coordinator Statutory Planning Coordinator Legal Services



s 5.42 (1)(b) LGA A local government may delegate to the CEO the exercise of any of its powers or the discharge of any of its duties under the Planning and Development Act 2005 section 214(2), (3) or (5).



s214 Planning and Development Act 2005 Illegal development, responsible authority’s powers as to.


Minute:


__________________________________

107


GARY EVERSHED


DATE:

108


Cat Act 2011 Delegation 20 Functions of the Cat Act 2011

Power of Delegation Under s45 Cat Act 2011 the Chief Executive Officer hereby delegates the powers, duties and functions of the local government under the Cat Act 2011

Delegated by:


Sub-delegates to: Director Sustainable Development Manager Health, Waste and Ranger Services Coordinator Ranger Services Rangers Customer Service Officers

Conditions

Director Sustainable Development and Manager Health, Waste and Ranger Services are delegated the authority to administer and enforce the provisions of the Cat Act 2011, excluding s63, to receive payment of infringement notices.

Coordinator Ranger Services and Rangers are delegated the authority to administer and enforce the provisions of the Cat Act 2011 excluding s63, to receive payment of infringement notices s64, extend the time, and s65 withdraw infringement notices of the Cat Act 1911.

Customer Service Officers are delegated the authority to register cats in accordance with s8-13 Cat Act 2011.

The delegation does not include the power to appoint officers authorisation for the purposes of performing particular functions under the Act in accordance with s48 of the Cat Act 2011.



s44 Cat Act 2011 Delegation by local government

Power to Sub-delegate: s45 Cat Act 2011 A CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or discharge of duties under another provision of this Act.

109


A power or duty under s63, 64 or 65 Cat Act, (the receiving payment of, extension of time, and withdrawal of an infringement notice) cannot be delegated to an authorised person.


Functions conferred or imposed on the Local Government under the Cat Act 2011


Minute:


__________________________________

GARY EVERSHED


DATE:

110


Dog Act 1976 Delegation 21 Administration and enforcement of the Dog

Act 1976

Power of Delegation Under s10AA of the Dog Act 1976 the Chief Executive Officer hereby delegates the powers, duties and functions of the local government under the Dog Act 1976.

Delegated by:


Sub-delegates to: Director Sustainable Development Manager Health, Waste and Ranger Services Coordinator Ranger Services Rangers Customer Service Officers

Conditions

The delegation does not include the power to appoint officers authorisation for the purposes of performing particular functions under the Act in accordance with s10AA of the Dog Act 1976.

Records to be kept by delegates The delegate is to keep a written record of how and when they exercise the power or discharge the duty and the persons directly affected.

s14 Dog Act 1976 requires local government to maintain a dog register.

The delegate is to ensure that all evidentiary documents are retained on the Shire’s record keeping database.


S10AA Dog Act 1976 Delegation of local government powers and duties


s10AA (3) Dog Act 1976: The delegation [from Council to the CEO] may expressly authorise the delegate to further delegate the power or duty.


Functions conferred or imposed on the Local Government under the Dog Act 1976


111


Minute:


__________________________________

GARY EVERSHED


DATE:

112


Liquor Control Act 1988 Delegation 22 Liquor Licensing Administration – Section

39 & 40 Certificates

Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates the authority to:

1) issue Certificates of Local Government in accordance with s39 Liquor Control Act 1988; and 2) issue Certificates of Local Planning Authority in accordance with 40 Liquor Control Act 1988.

Delegated by:


Sub-delegates to: • Manager Health, Waste and Ranger Services (in respect of part 1) • Coordinator Environmental Health and Events (in respect of part 1) • Environmental Health Officers (in respect of part 1) • Director Sustainable Development (in respect of part 2) • Manager Planning and Development (in respect of part 2)

Records to be kept by delegates Regulation 19 LG (Admin) Regulations 1996, requires delegates to keep a written record of how and when they exercise the power or discharge the duty and the persons directly affected. The delegate is to ensure that all evidentiary documents meet the requirements of r19 LG (Admin) Regulations 1996 and are retained on the Shire’s record keeping database.

Legislation Power to Sub-delegate: s5.44 LGA: CEO may delegate powers and duties to other employees

s5.41(d)(h) LGA: Functions of the CEO


s39 Liquor Control Act 1988: Certificate of local government as to whether premises comply with laws

s40 Liquor Control Act 1988: Certificate of planning authority as to whether use of premises complies with planning laws


Minute:


113


__________________________________

GARY EVERSHED


DATE:

114


Liquor Control Act 1988 Delegation 23 Liquor Licensing Administration –

Consumption of Alcohol

Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates to the named officers the authority to issue consent requirements to applicants seeking approval for the consumption of alcohol for special occasions on Council owned or vested land, in accordance with s59(2)(b)(ii) Liquor Control Act 1988.

Delegated by:


Sub-delegates to: • Director Sustainable Development • Manager Planning and Development • Manager Health, Waste and Ranger Services • Coordinator Environmental Health and Events • Environmental Health Officers

Records to be kept by delegates Regulation 19 LG (Admin) Regulations 1996, requires delegates to keep a written record of how and when they exercise the power or discharge the duty and the persons directly affected. The delegate is to ensure that all evidentiary documents meet the requirements of r19 LG (Admin) Regulations 1996 and are retained on the Shire’s record keeping database.

Legislation Power to Sub-delegate: s5.44 LGA: CEO may delegate powers and duties to other employees

s5.41(d)(h) LGA: Functions of the CEO


s59 Liquor Control Act 1988 Occasional licence, effect, conditions and pre-requisites for grant of


Minute:


115


__________________________________

GARY EVERSHED


DATE:

116

[email protected] www.amrshire.wa.gov.au

Margaret River

41 Wallcliffe Road (PO Box 61) Margaret River 6285

T (08) 9780 5255 | F (08) 9757 2512

Office Hours Mon to Fri, 9am – 4pm


Augusta

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T 08 9780 5660 | F (08) 9758 0033

Office Hours Mon to Fri, 9am – 4pm (closes for lunch 12pm – 1pm)


If you are deaf, or have a hearing impairment or speech impairment, contact us through the National Relay Service:

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117


