11.1 Chief Executive Officer · 2017. 6. 8. · CEO to Employees . Attachment 3 – Schedule of...

SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 14 JUNE 2017

11.1 Chief Executive Officer 11.1.1 REVIEW OF DELEGATIONS

Attachment 1 – Register of Delegations – Delegations from Council Attachment 2 – Register of Delegations – Delegations – Delegations from CEO to Employees Attachment 3 – Schedule of Authorisations

Register of Delegations 2017 Delegations from Council

Adopted by Council xx June 2017

Minute Ref: OM2017/xx

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Delegations from Council Delegations Register

This document links to the Community Strategic Plan through:

Goal 5: Effective leadership and governance


Table of Contents

1

Introduction ...................................................................................................... 1

Local Government Act 1995 ........................................................................... 3

Delegation 1 Administrative structure of the local government ............................... 3

Delegation 2 Administering Local Laws ................................................................. 5

Delegation 3 Closure of thoroughfares ................................................................... 7

Delegation 4 Inviting and awarding tenders ........................................................... 9

Delegation 5 Entering into and renewing leases ...................................................11

Delegation 6 Disposal of minor property ...............................................................12

Delegation 7 Power to make payments ................................................................13

Delegation 8 Write off debts ..................................................................................14

Delegation 9 Power to invest ................................................................................15

Delegation 10 Agreement as to payment of rates and service charges ...................17

Delegation 11 Rateable Land Exemptions ..............................................................18

Delegation 12 Taking action on unpaid rates ..........................................................19

Delegation 13 Appointment of authorised persons – Local Government Act 1995 ..20

LG (Miscellaneous Provisions) Act 1960 .................................................... 22

Delegation 14 LG (Miscellaneous Provisions) Act 1960 – Impounding of cattle ......22

Building Act 2011........................................................................................... 24

Delegation 15 Building ............................................................................................24

Local Planning Scheme No 1 ....................................................................... 26

Delegation 16 Planning ...........................................................................................26

Planning and Development Act 2005 ........................................................... 29

Delegation 17 Directions under s214 Planning and Development Act 2005 ............29

Food Act 2008 ................................................................................................ 31

Delegation 18 Functions under the Food Act 2008 .................................................31


Bush Fires Act 1954 ...................................................................................... 33

Delegation 19 Bush fires, prohibited burning times, restricted burning times and

prosecution of offences ........................................................................................................33

Cat Act 2011 ................................................................................................... 35

Delegation 20 Functions of the Cat Act 2011 ..........................................................35

Dog Act 1976 .................................................................................................. 37

Delegation 21 Administration and enforcement of the Dog Act 1976.......................37

Public Health Act 2016 .................................................................................. 39

Delegation 22 Administration and enforcement of the Public Health Act 2016 ........39


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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


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(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 also provide the power to delegate or appoint officers

authorisation to exercise particular powers or discharge of duties.

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.


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Local Government Act 1995 Delegation 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 local government including the power to change the

structure as required to administer the local government.

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.

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

References Power to delegate:

s 5.42 LGA Delegation of some powers or duties to CEO

s5.43 LGA Limits on delegations to CEO

Power/duty delegated:

s 5.2 LGA Administration of local governments

Delegation reviewed: XX June 2017

Minute: OM2017/XX


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SIGNED BY ACCEPTANCE OF DELEGATED AUTHORITY

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IAN EARL GARY EVERSHED

SHIRE PRESIDENT CHIEF EXECUTIVE OFFICER

DATE: 3 July 2017 DATE: 3 July 2017


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Delegation 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 determine applications received in accordance with any AMR Local Law made under Division 2 of Part 3 LGA, to enforce the provisions of those local laws and to

otherwise exercise the powers and discharge the duties of the local government under those local

laws.










Part 3 LGA Functions of local governments

Part 9 LGA Miscellaneous provisions

Shire of Augusta Margaret River Local Laws


Minute: OM2017/XX


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Delegation 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 and to give order of public closure by local public notice pursuant

to s3.50 LGA.

2. 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.

3. 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.










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


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Minute: OM2017/XX


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Delegation 4 Inviting and awarding tenders 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.










s3.57 LGA Tenders for providing goods or services



Minute: OM2017/XX


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Delegation 5 Entering into and renewing leases 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 or property where the disposition is exempt under s3.58(5) LGA.










s3.58 LGA Disposing of Property


Minute: OM2017/XX


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Delegation 6 Disposal of minor 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, to dispose of property where the disposition is exempt under r30 Functions and General Regulations 1996.











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

s3.58


Minute: OM2017/XX


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Delegation 7 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 Part 6 of the LGA 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.










Part 6 of the LGA

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


Minute: OM2017/XX


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Delegation 8 Write off debts 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 waive or grant concessions (excluding rate concessions) and to write off debts not exceeding $3,000.










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


Minute: OM2017/XX


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Delegation 9 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.










s6.14 LGA Power to invest

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

investments

AMRSC Investments Policy


Minute: OM2017/XX


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Delegation 10 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 by a person in accordance with an agreement made with

the person.










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


Minute: OM2017/XX


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Delegation 11 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.










s6.26 LGA Rateable land


Minute: OM2017/XX


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Delegation 12 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 due to the local government remain unpaid for at least 3 years, to take

possession of the land and hold the land against a person having an estate or interest in the land, and

lease or sell the land, or transfer it to the Crown or itself.










s6.64 LGA Actions to be taken


Minute: OM2017/XX


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Delegation 13 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 under s9.10 LGA 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.









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Section 9.10 LGA Appointment of authorised persons

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

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


Minute: OM2017/XX


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LG (Miscellaneous Provisions) Act 1960

Delegation 14 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.



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


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Minute: OM2017/XX


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Building Act 2011

Delegation 15 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 permits and issue Building Orders, pursuant to the Building Act

2011, sections as listed:

a) Section 20 Building Permits

b) Section 21 Demolition Permits

c) Section 58 Granting, modifying or refusing to grant occupancy permit or building

approval certificate

d) Section 65 Extension of period of duration of an occupancy permit or building

approval certificate granted for a limited period of time.

e) Section 22 Further grounds for not granting an application

f) Section 110 Building Orders

g) Section 117 Revocation of a Building Order

h) Section 139 Presumptions about authority to do certain things

2. Under s96 Building Act 2011, designate an employee of the local government as an

authorised person for the purposes of:

a) this Act 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. 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.

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.


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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.

Power to Sub-delegate S127 (6A) Building Act 2011 CEO may delegate powers and duties of local government to other

employees


s127 Building Act 2011 Special permit authorities and local governments


s20-22, 58, 65, 93, 96, 110, 117 and 139 Building Act 2011

Building Regulations 2012


Minute: OM2017/XX


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Local Planning Scheme No 1

Delegation 16 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.


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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.





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 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.

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.

Planning and Development Act 2005.


Local Planning Scheme No 1


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Minute: OM2017/XX


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Planning and Development Act 2005

Delegation 17 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).







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: OM2017/XX


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Food Act 2008

Delegation 18 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.

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.

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


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


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

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


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Section 126 Food Act 2008: Infringement notices


Minute: OM2017/XX


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Bush Fires Act 1954

Delegation 19 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) BFA 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 BFA.

Under s59(3) BFA 1954, the Council of the Shire of Augusta Margaret River hereby delegates authority to the Bush Fire Control Officers, Coordinator Ranger Services and Rangers to prosecute offences committed against this Act, and issue infringement notices pursuant to s59 & 59A

BFA 1954.

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.

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


Section 48 Bush Fires Act 1954: Delegation by local governments


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


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Section 59 Bush Fires Act 1954: Prosecution of offences


Minute: OM2017/XX


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Cat Act 2011

Delegation 20 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 the exercise of powers and discharge of duties to administer and enforce the provisions of the Cat Act 2011, and to appoint officers authorisation for the purposes of performing

particular functions under the Act in accordance with s48 Cat Act 2011.

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.

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. 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.


s44 Cat Act 2011 Delegation by local government


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


Minute: OM2017/XX


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Dog Act 1976

Delegation 21 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 the exercise of powers and discharge of duties to administer and enforce the provisions of the Dog Act 1976, and 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 The delegate is to keep a written record of how and when they exercise the power or discharge the



database.

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).

Power to Sub-delegate s10AA (4) The delegation [from Council to the CEO] may expressly authorise the delegate to further

delegate the power or duty.

References s10AA Dog Act 1976: Delegation of local government powers and duties s14 Dog Act 1976: Register of dogs


Minute: OM2017/XX


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Public Health Act 2016

Delegation 22 Administration and enforcement of 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. designate authorised officers to administer and enforce provisions of the Public Health Act 2016

or another specified Act, and

ii. issue certificates of authority.

Records to be kept The delegate is to keep a written record of how and when they exercise the power or discharge the



database.

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.

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.

References s21 Public Health Act 2016: Enforcement agency may delegate

s30 Public Health Act 2016: Certificates of authority


Minute: OM2017/XX


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Natural Connected Prosperous

Register of Delegations 2017 Delegations from Chief Executive Officer to Employees

Reviewed XX June 2017

Minute Ref: OM2017/XX

http://intranet/Logos/AMRSCyellowoval.JPG

Delegations from Chief Executive Officer Delegations Register

This document links to the Community Strategic Plan through:

Goal 5: Effective leadership and governance


INTRODUCTION ................................................................................................................................................ 1

LOCAL GOVERNMENT ACT 1995 ....................................................................................................................... 3

DELEGATION 1 ADMINISTRATIVE STRUCTURE OF THE LOCAL GOVERNMENT ...................................................... 3

DELEGATION 2 ADMINISTERING LOCAL LAWS ............................................................................................ 5

DELEGATION 3 CLOSURE OF THOROUGHFARES ........................................................................................... 7

DELEGATION 4 INVITING AND AWARDING TENDERS .................................................................................... 9

DELEGATION 5 ENTERING INTO AND RENEWING LEASES ............................................................................. 10

DELEGATION 6 DISPOSAL OF MINOR PROPERTY ....................................................................................... 11

DELEGATION 7 POWER TO MAKE PAYMENTS ........................................................................................... 13

DELEGATION 8 WRITE OFF DEBTS.......................................................................................................... 15

DELEGATION 9 POWER TO INVEST ......................................................................................................... 16

DELEGATION 10 AGREEMENT AS TO PAYMENT OF RATES AND SERVICE CHARGES .............................................. 17

DELEGATION 11 RATEABLE LAND EXEMPTIONS ......................................................................................... 18

DELEGATION 12 TAKING ACTION ON UNPAID RATES .................................................................................... 19

DELEGATION 13 APPOINTMENT OF AUTHORISED PERSONS - LOCAL GOVERNMENT ACT 1995 ............................ 20

LG (MISCELLANEOUS PROVISIONS) ACT 1960 ................................................................................................. 22

DELEGATION 14 LG (MISCELLANEOUS PROVISIONS) ACT 1960 – IMPOUNDING OF CATTLE ............................... 22

BUILDING ACT 2011 ........................................................................................................................................ 24

DELEGATION 15 BUILDING .................................................................................................................... 24

LOCAL PLANNING SCHEME NO 1 .................................................................................................................... 26

DELEGATION 16 PLANNING ................................................................................................................... 26

PLANNING AND DEVELOPMENT ACT 2005 ..................................................................................................... 29

DELEGATION 17 DIRECTIONS UNDER S214 PLANNING AND DEVELOPMENT ACT 2005 ...................................... 29

FOOD ACT 2008 .............................................................................................................................................. 31

DELEGATION 18 FUNCTIONS UNDER THE FOOD ACT 2008 .......................................................................... 31

BUSH FIRES ACT 1954 ..................................................................................................................................... 32

DELEGATION 19 BUSH FIRES, PROHIBITED BURNING TIMES, RESTRICTED BURNING TIMES AND PROSECUTION OF

OFFENCES .................................................................................................................... 32

CAT ACT 2011 ................................................................................................................................................. 33

DELEGATION 20 FUNCTIONS OF THE CAT ACT 2011 ................................................................................... 33


DOG ACT 1976 ................................................................................................................................................ 35

DELEGATION 21 ADMINISTRATION AND ENFORCEMENT OF THE DOG ACT 1976 .............................................. 35

PUBLIC HEALTH ACT 2016 ............................................................................................................................... 37

DELEGATION 22 ADMINISTRATION AND ENFORCEMENT OF THE PUBLIC HEALTH ACT 2016 ................................ 37

LIQUOR CONTROL ACT 1988 ........................................................................................................................... 38

DELEGATION 23 LIQUOR LICENSING ADMINISTRATION - SECTION 39 & 40 CERTIFICATES .................................. 38

DELEGATION 24 LIQUOR LICENSING ADMINISTRATION - CONSUMPTION OF ALCOHOL ....................................... 40


1

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 Local Government

(Administration) 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


2

(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 also 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.


3

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 to the named officers 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.

Delegator: Chief Executive Officer

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





References Power to sub-delegate:

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


s 5.2 LGA Administration of local governments


Minute: OM2017/XX


4

SIGNED AND AUTHORISED BY

__________________________________

GARY EVERSHED

CHIEF EXECUTIVE OFFICER

DATE: 3 July 2017


5

Delegation 2 Administering Local Laws Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates authority to the named officers to determine applications received in accordance with any AMR Local Law made under Division 2 of Part

3 LGA, to enforce the provisions of those local laws 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

Rangers are delegated authority to enforce the provisions of any AMR Local Law without having the

power to determine applications received.








Part 3 LGA Functions of local governments

Part 9 LGA Miscellaneous provisions

Shire of Augusta Margaret River Local Laws


6


Minute: OM2017/XX


__________________________________

GARY EVERSHED


DATE: 3 July 2017


7

Delegation 3 Closure of thoroughfares Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates to the named officers 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 and to give order of public closure by local public notice pursuant to s3.50 LGA.

2. 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.

3. 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



8


Minute: OM2017/XX


__________________________________

GARY EVERSHED


DATE: 3 July 2017


9

Delegation 4 Inviting and awarding tenders Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates to the named officers the exercise of powers and 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.


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








s3.57 LGA Tenders for providing goods or services



Minute: OM2017/XX


__________________________________

GARY EVERSHED


DATE: 3 July 2017


10

Delegation 5 Entering into and renewing leases Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates to the named officers the exercise of powers and discharge of duties under s3.58 LGA to lease, sub lease, renew or reassign a lease or

property where the disposition is exempt under s3.58(5)LGA.












Minute: OM2017/XX


__________________________________

GARY EVERSHED


DATE: 3 July 2017


11

Delegation 6 Disposal of Minor Property Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates to the named officers the exercise of powers and discharge of duties under s3.58 LGA, to dispose of property where the disposition is

exempt under r30 Functions and General Regulations 1996.










s3.58 LGA Disposing of Property Regulation 30 Functions and General Regulations 1996 Dispositions

of property excluded from Act s3.58

r30 Functions and General Regulations 1996


12


Minute: OM2017/XX


__________________________________

GARY EVERSHED


DATE: 3 July 2017


13

Delegation 7 Power to make payments Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates to the named officers the exercise of powers and discharge of duties under Part 6 of the LGA 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.


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

Conditions

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.






14




s 6.10 LGA Financial Management regulations

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

municipal fund or trust fund


Minute: OM2017/XX


__________________________________

GARY EVERSHED


DATE: 3 July 2017


15

Delegation 8 Write off debts Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates to the named officers the exercise of powers and discharge of duties under s6.12 LGA to waive or grant concessions (excluding rate

concessions) and to write off debts not exceeding $3000.


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








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


Minute: OM2017/XX


__________________________________

GARY EVERSHED


DATE: 3 July 2017


16

Delegation 9 Power to invest Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates to the named officers the exercise of powers 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: OM2017/XX


__________________________________

GARY EVERSHED


DATE: 3 July 2017


17

Delegation 10 Agreement as to payment of rates and service charges

Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates to the named officers the exercise of powers and discharge of duties under s6.49 LGA to accept payment of a rate or service charge

due by a person in accordance with an agreement made with the person.










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


Minute: OM2017/XX


__________________________________

GARY EVERSHED


DATE: 3 July 2017


18

Delegation 11 Rateable Land Exemptions Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates to the named officers the exercise of powers and discharge of duties under s6.26 LGA, to determine rate exemption applications.


Sub-delegates to: Director Corporate and Community Services








s6.26 LGA Rateable land


Minute: OM2017/XX


__________________________________

GARY EVERSHED


DATE: 3 July 2017


19

Delegation 12 Taking action on unpaid rates Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates to the named officers the exercise of powers and discharge of duties under s6.64 LGA where, if any rates or service charges due to the

local government remain unpaid for at least 3 years, to take possession of the land and hold the land

against a person having an estate or interest in the land, and lease or sell the land, or transfer it to the

Crown or itself.










s6.64 LGA Actions to be taken


Minute: OM2017/XX


__________________________________

GARY EVERSHED


DATE: 3 July 2017


20

Delegation 13 Appointment of authorised persons - Local Government Act 1995 Power of Delegation Under s5.44 LGA the Chief Executive Officer hereby delegates to the named officers the exercise of powers and discharge of duties to:

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

made; and

2. 9.20 LGA, to 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 Infrastructure Services Manager Planning and Development Manager Health, Waste and Ranger Services

See Schedule of Authorisations for a full listing of employees appointed as authorised persons by the CEO for performing particular functions under the LGA.








s9.19 LGA Extension of time

s9.20 LGA Withdrawal of notice


21


Minute: OM2017/XX


__________________________________

GARY EVERSHED


DATE: 3 July 2017


22

LG (Miscellaneous Provisions) Act 1960

Delegation 14 LG (Miscellaneous Provisions) Act 1960 – Impounding of cattle

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

See Schedule of Authorisations for a full listing of employees appointed as authorised persons by the CEO under the LG (Miscellaneous Provisions) Act 1960.

Records to be kept by delegates Regulation 19 Local Government (Administration) 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.

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.


s5.44 LGA CEO may delegate powers and duties to o

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