City of Bunbury Register of Delegated Authority

City of BunburyRegister of Delegated Authority

Reviewed and adopted 13 December 2016 Council Decision 444/16

Table of Contents

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

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

Background to delega ons and authorisa ons .............................................................................................................. 4

The concept of “ac ng through” .....................................................................................................................................4

Standard Condi ons of Delega ons ................................................................................................................................5

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

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

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

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

DAB03 - Deposit Material on a Public Place ............................................................................................................. 10

Community Law, Safety and Emergency Management ................................................................................................ 12

DACL01 - Administer the Citys Local Laws ................................................................................................................ 12

DACL02 - Disposal of Confiscated Goods .................................................................................................................. 14

DACL03 - Appoint Authorised Persons ......................................................................................................................15

DACL04 - Closure of Streets for Par es or Events .....................................................................................................17

DACL05 - Bush Fires Act ............................................................................................................................................ 19

DACL06 - Cancella on of Infringement No ces ........................................................................................................21

DACL07 - Impounding and Removal of Goods .......................................................................................................... 23

DACL08 - Recovery of Impounding Expenses ............................................................................................................24

DACL09 - Legal Proceedings ...................................................................................................................................... 25

DACL10 - Parking Related Signs ................................................................................................................................ 27

Financial Management .................................................................................................................................................. 29

DAFM01 - Payments from Municipal and Trust Funds ............................................................................................. 29

DAFM02 - Release of Bank Guarantees .................................................................................................................... 31

DAFM03 - Investment of Council Funds ................................................................................................................... 32

DAFM04 - Write off of Moneys .................................................................................................................................34

General .......................................................................................................................................................................... 36

DAG01 - Power to Accept Tenders ........................................................................................................................... 36

DAG02 - Contract Price Varia ons ............................................................................................................................ 38

DAG03 - Liquor Licensing Extended Trading Permits ................................................................................................40

DAG04 - Tender Varia ons ....................................................................................................................................... 41

DAG05 - City of Bunbury Art Collec on – Purchase and Disposal of Artworks .........................................................43

Health ............................................................................................................................................................................ 44

DAH01 - Discharge of Powers – Sec on 26 of the Health Act 1911 ..........................................................................44

DAH02 - Treatment of Sewage and Disposal of Effluent and Liquid Waste ..............................................................46

DAH03 - Caravan Parks and Camping Grounds .........................................................................................................48

City of Bunbury Register of Delegated Authority

Page 2 of 124Last updated 13 December 2016

DAH04 - Caravan Parks and Camping Ground Regula ons .......................................................................................50

DAH05 - Sec on 39 and Sec on 40 Cer ficates ....................................................................................................... 52

DAH06 - Sec on 55 Cer ficates ................................................................................................................................ 54

DAH07 - Discharge of Powers (Food Act 2008) .........................................................................................................56

DAH08 - Public Health Act 2016 and Criminal Procedure Act 2004 ..........................................................................58

Opera ons .....................................................................................................................................................................60

DAO01 - Thoroughfare Submissions ......................................................................................................................... 60

DAO02 - Purchase and Trade of Fleet Vehicles .........................................................................................................62

DAO03 - Sale of Subdivisional Land .......................................................................................................................... 63

DAO04 - Condi ons of Property Leases .................................................................................................................... 64

DAO05 - Closure of Private Right of Way ..................................................................................................................65

DAO06 - Authority to Serve No ces to Owners or Occupiers of Land ......................................................................66

DAO07 - Authority to Sell, Lease or Dispose of Plant, Equipment and Materials ..................................................... 68

DAO08 - Determine Applica ons and Apply Condi ons to Ma ers Rela ng to Road Reserves .............................. 70

DAO09 - Disposal of property (land) ......................................................................................................................... 72

Planning and Development ........................................................................................................................................... 73

DASP01 - No fica on on Land Title .......................................................................................................................... 73

DASP02 - No fica ons on Land Title (Applica ons for Built Strata Subdivision) ......................................................75

DASP03 - Development Applica ons ........................................................................................................................ 77

DASP04 - Local Planning Scheme and Local Planning Policy Compliance ................................................................. 79

DASP05 - Residen al Design Codes .......................................................................................................................... 81

DASP06 - Reserve Administra on ............................................................................................................................. 83

DASP07 - Planning and Development Act 2005 - Enforcement and Legal Proceedings ........................................... 85

Statutory Delega ons to Local Government from External Agencies ...........................................................................87

DASD01 - Western Australian Planning Commission (Clause 27 Greater Bunbury Region Scheme Development Approvals).................................................................................................................................................................. 87

DASD02 - Western Australian Planning Commission (Sec on 25 Of Strata Titles Act 1995) ....................................95

DASD03 - Noise Control (Serve Environmental Protec on No ces (s65(1))) ........................................................... 98

DASD04 - Noise Control (Keeping Of Log Books, Noise Control No ces, Calibra on And Approval Of NonComplying Events).............................................................................................................................................100

DASD05 - Noise Control (Noise Management Plans (Reg. 13)) ...............................................................................102

AMENDED, REVOKED AND ARCHIVED DELEGATIONS OF AUTHORITY ..................................................................... 104



Introduc on to Delega ons of Authority

Register of Delegated AuthorityThis register contains a record of all Delega ons of Authority made to Commi ees pursuant to sec on 5.16 and to theChief Execu ve Officer pursuant to sec on 5.42 of the Local Government Act 1995 (the Act) and sec on 82 of thePlanning and Development (Local Planning Scheme) Regula ons 2015. Where listed, some of these func ons arehereby delegated by the Chief Execu ve Officer to City of Bunbury employees pursuant to sec on 5.44 of the Act andsec on 83 of the Planning and Development (Local Planning Scheme) Regula ons 2015. All delega ons made by theCouncil must be by absolute majority decision. The purpose of delega ons is to assist with improving the me taken to make decisions within the constraints allowedby the relevant legisla on. This is consistent with the City’s commitment to a strong customer service focus. Each instrument of delega on describes the func on being delegated and the relevant statutory reference which is thesource of power for the exercise of the func on. This register of delegated authority will be reviewed in accordance with the Act on an annual basis.

Background to delega ons and authorisa onsDelega ons and authorisa ons are the means by which decision making bodies can access the power to undertakecertain statutory func ons. A delega on is the conferral of the ability to exercise a power or duty to a person or body from a person or body that isvested with the responsibility to exercise that power or duty. An authorisa on is the designa on of an officer or a body as a person or body that is capable of exercising a statutorypower or duty. When a person or body exercises delegated authority they do so “on behalf” of the delegator and in doing so theperson or body exercising delegated authority forms the relevant state of mind to make the decision “on behalf” of thedelegator. An authorised person or body exercises a statutory func on in their own right. The Western Australian local government statutory regime also provides for the Council and CEO to “act through” otherofficers, agents and bodies to achieve statutory func ons. “Ac ng through” in this manner is not the exercise ofdelegated authority or an authorised power and must be handled differently. The Department of Local Government and Communi es provides a guideline on delega on to local governments inWestern Australia. (Local Government Guideline No. 17 – Delega ons).

The concept of “ac ng through”(Extracted from DLGC Guideline No. 17 – Delega ons”) In addi on to covering delega ons, the Local Government Act 1995 introduces the concept of “ac ng through”. Sec on5.45 of the Act states that in rela on to delega ons, nothing prevents a “local government from performing any of itsfunc ons by ac ng through a person other than the CEO” or “a CEO from performing any of his or her func ons byac ng through another person”. The Act does not specifically define the meaning of the term “ac ng through”.However, the key difference between a delega on and “ac ng through” is that a delegate exercises the delegateddecision making func on in his or her own right. The principle issues is that where a person has no discre on incarrying out a func on, then that func on may be undertaken through the “ac ng through” concept. Alterna vely,where the decision allows for discre on on the part of the decision maker, then that func on needs to be delegated foranother person to have that authority.



Standard Condi ons of Delega onsAll delega ons are subject to the following Standard Condi ons: 1. In exercising delega on any and all Officers or Commi ees to whom authority has been delegated shall comply withany and all laws and regula ons in force in Western Australia; and the requirements of any and all local laws andpolicies of the City of Bunbury. 2. In exercising delega on any and all Officers or Commi ees to whom authority has been delegated shall exercise thedelega on in accordance with any budget authority where applicable. 3. Delegated authority cannot be exercised where a financial interest or interest affec ng impar ality is evident. 4. It is a statutory requirement to maintain a record of each decision made under delegated authority. Documentsrela ng to delegated authority decisions shall as a minimum, record: a. Date the decision was exercised; b. Name of the officer/commi ee exercising the decision; c. Descrip on of how the person exercised the power or discharged the duty, including where appropriate, anydirec ons to staff to carry out work associated with the decision unless those direc ons are included in policies,corporate guidelines or the delega on register; d. Nota on of the people or class of people directly affected by the decision (other than Council or commi ee membersor employees of the City). 5. Wherever possible the requirements of point 4 shall be incorporated into administra ve documents such as authorityand TRIM. Where no other documenta on is created and recorded in the City’s record keeping system that willevidence a decision, the decision must be recorded by entering the details into A ain (online document managementprogram for keeping records of delega on of authority).



Building

Reference DAB01

Subject Building Act 2011

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesTeam Leader Building Cer fica on Building Surveyor Director Planning and Development Services

Authority to approve or refuse to grant or modify building and demoli on permit applica ons, building approvalcer ficates, cer ficates of building compliance, construc on compliance and design compliance, grant or issueoccupancy permits, issue building orders and no ces and perform associated func ons of a permit authority pursuantto the Building Act 2011.

Power or Duty

Condi onsSubject to the qualifica on requirements of the Local Government (Building Surveyors) Regula ons 2008.

Sec on 127 Building Act 2011 Division 2 of Part 2 Building Act 2011. Divisions 1, 2 and 3 of Part 4 Building Act 2011 Building Regula ons 2012 Local Government (Building Surveyors) Regula ons 2008

Statutory Framework

N/A Policy

Adop on and Review

Date adopted References Last reviewed To be reviewed

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



Building

Amendments

Nil



Building

Reference DAB02

Subject Fencing

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesManager Sustainability, Planning and Development Team Leader Building Cer fica on Team Leader Development Assessment and Compliance Planning Officer(s) Senior Planning Officer Building Surveyor Director Planning and Development Services

Pursuant to the Provisions of Sec on 5.42 of the Local Government Act 1995 and the City of Bunbury Local Law rela ngto fencing (which provides discre onal power) the Chief Execu ve Officer is delegated the authority to exercisediscre on and determine applica ons for fencing.

Power or Duty

Condi onsNil

Sec on 5.42 Local Government Act 1995Private Property Local Law

Statutory Framework

N/A Policy

Adop on and Review


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



Building

Amendments

Nil



Building

Reference DAB03

Subject Deposit Material on a Public Place

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesDirector Works and Services Manager Landscape and Open Space Manager Engineering and Civil Opera ons Director Planning and Development Services

Pursuant to the Provisions of Sec on 5.42 of the Local Government Act 1995 and the City of Bunbury Local Law rela ngto works on public places (which provides discre onal power) the Chief Execu ve Officer is delegated the authority toexercise discre on and determine applica ons for deposi ng material on any public place.

Power or Duty

Condi onsNil

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

Statutory Framework

N/A Policy

Adop on and Review





Building

Amendments

Date Amendment References

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

Council Decision 231/14

23 June 2015 Delega on amended to include specific details of the authority to exercise discre on when determining applica ons for deposi ng material on any public place. This also included a tle change from Deposit Material on Street(s) to Deposit Material on a Public Place to correctly reflect the intent of the delega on.




Community Law, Safety and Emergency Management

Reference DACL01

Subject Administer the Citys Local Laws

Delega on

CouncilDelegated by

DelegatesCEO

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

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

Power or Duty

Condi onsNil

Sec ons 3.18 and 5.42 Local Government Act 1995 City of Bunbury Standing Orders Local Law 2012 City of Bunbury Health Local Law 2001 Adver sing Devices Local Law 2007 Private Property Local Law Local Government and Public Property Local Law Ea ng Areas, Trading or Entertaining on Streets or Other Public Places – Outdoor Ea ng Areas Local Law Parking and Parking Facili es Local Law

Statutory Framework

N/A Policy




Amendments

Nil

Adop on and Review






Reference DACL02

Subject Disposal of Confiscated Goods

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesN/A

Pursuant to Sec on 3.47 of the Local Government Act 1995 the Chief Execu ve Officer is delegated authority to disposeof any goods that have been ordered to be confiscated (or remain uncollected) under Sec on 3.43 of the Act.

Power or Duty

Condi onsNil

Sec ons 3.43, 3.47 Local Government Act 1995 Statutory Framework

N/A Policy

Amendments

Nil

Adop on and Review






Reference DACL03

Subject Appoint Authorised Persons

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesN/A

Pursuant to the provisions of Sec on 5.42 of the Local Government Act 1995, the Chief Execu ve Officer is delegatedauthority to appoint authorised officers/persons to enforce the provisions of various Statutory Acts and associatedregula ons. • Caravan Parks and Camping Grounds Act 1995 • Local Government (Miscellaneous Provisions) Act 1960 • Local Government Act 1995 • Cat Act 2011 • Dog Act 1976 • Building Act 2011 • Li er Act 1979• Planning and Development Act 2015• Local Planning Scheme

Power or Duty

Condi onsA power or duty under sec ons 63, 64 or 65 of the Cat Act 2011 cannot be delegated to an authorised person.

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

Statutory Framework

N/A Policy




Amendments


23 June 2015 Delega on amended to reflect correct references to legisla on. Council Decision 219/15

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


Adop on and Review






Reference DACL04

Subject Closure of Streets for Par es or Events

Delega on

CouncilDelegated by

DelegatesCEO

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

Pursuant to the provisions of sec ons 5.42 and 3.50(1) and of the Local Government Act 1995, sec ons 81(C), (D) of theRoad Traffic Act 1974 and Road Traffic (Events on Roads) Regula ons 1991 the Chief Execu ve Officer is delegatedauthority to: • Grant approval on behalf of the Council for the closure of streets for street par es or events on roads.

Power or Duty

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

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

Statutory Framework

N/A Policy

Adop on and Review






Amendments






Reference DACL05

Subject Bush Fires Act

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesN/A

Authority to perform all powers, du es and func ons of the local government under the Bush Fires Act 1954. Power or Duty

Condi onsAuthority excludes powers and du es that: 1. Are prescribed in the Act with a requirement for a resolu on of the local government; or 2. Are prescribed by the Act for performance by appointed officers.

Sec on 48 Bush Fires Act 1954 Statutory Framework

N/A Policy

Adop on and Review






Amendments


23 June 2015 Delega on amended to correctly reference the gran ng of authority to perform the func ons of a local government under the Bush Fires Act 1954.


13 December 2016 This delega on is amended to apply condi ons as prescribed in the Bush Fires Act 1954.





Reference DACL06

Subject Cancella on of Infringement No ces

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesManager Community Law, Safety and Emergency Management Team Leader Ranger Opera ons Director Planning and Development Services

Pursuant to the provisions of the Local Government Act 1995, Dog Act 1976, Bushfires Act 1954, Li er Act 1979, Controlof Vehicles (Off-road Areas) Act 1978, Cat Act 2011 and any regula ons and local laws made there under, the ChiefExecu ve Officer is delegated authority to cancel Infringement No ces issued (for the purposes of this delega on andwhere appropriate “cancel” includes the ac ons of ‘withdrawal’ and ‘cau on’). For infringements issued under the Local Government Act, regula ons or local laws: 1. The CEO may, in a par cular case, extend the period of 28 days within which the modified penalty may be paid andthe extension may be allowed whether or not the period of 28 days has elapsed. 2(a) Within one year a er the no ce was given the CEO may, whether or not the modified penalty has been paid,withdraw an infringement no ce by sending to the alleged offender a no ce in the prescribed form sta ng that theinfringement no ce has been withdrawn. 2(b) Where an infringement no ce is withdrawn a er the modified penalty has been paid, the amount is to berefunded.

Power or Duty

Condi onsThe delegated officer may only cancel infringement no ces in the following circumstances: • where the officer is able to form an opinion that there is li le prospect of loca ng a person in respect of whom theinfringement no ce has been issued; or • where it is ascertained that the address of the offender is such (e.g. overseas, interstate) that the execu on of thelegal process is unlikely to bring the offender to jus ce; or • where there are substan al discrepancies in the issue of an infringement; or • where legal proceedings cannot be commenced because of a lapse of one year since the date of the offence in thecase of the making of a complaint, or six months in the case of a lodgement of the ma er with the Registrar, INREPRegistry; or • where in the opinion of the Council’s cancelling officer, there are other circumstances that warrant such acancella on. In these circumstances, the delegated officer must take into considera on any reports by appropriate officers and willmake such inquiries as necessary to determine the ma er. • Bush Fires Act 1954 s59A(5) and Bush Fire (Infringements) Regula ons 1978 4(a) provide that only delegated officers,the Mayor or Chief Execu ve Officer may withdraw an infringement no ce.




• Local Government Act 1995 – Any person who is appointed under s9.10(1) and subsequently appointed under s9.16,shall not be appointed under s9.19 and s9.20.

Sec on 5.42, 5.44, 9.19, 9.20 Local Government Act 1995 Sec on 35(5) Dog Regula ons 2013 Sec on 65 Cat Act 2011 Sec on 59(A)(5) Bushfires Act 1954 Sec on 30(4) Li er Act 1979 Sec on 37(5) Control of Vehicles (Off-Road Areas) 1978

Statutory Framework

N/A Policy

Amendments



13 December 2016 The proclaimed Local Government Legisla on Amendment Bill 2016 legisla on requires the CEO of the local government to withdraw the no ce or extend the me for payment in rela on to infringements. Previously authorised officers were able to provide these func ons, providing for effec ve management of service delivery to the community. This amendment enables the CEO to exercise his powers and du es under the Act.


13 December 2016 This delega on is amended to apply an addi onal condi on as prescribed in the Bush Fires Act 1954, and change the word “authorised” to “delegated” to ensure consistency.


Adop on and Review






Reference DACL07

Subject Impounding and Removal of Goods

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesManager Community Law, Safety and Emergency Management Team Leader Community Safety and Emergency Management Rangers/Fire Control Officers Team Leader Ranger Opera ons

Pursuant to the provisions of Sec on 5.42 of the Local Government Act 1995 the Chief Execu ve Officer is delegatedauthority to authorise the removing and impounding of any goods that are involved in a contraven on that can lead tothat impounding.

Power or Duty

Condi onsNil

Sec on 5.42 Local Government Act 1995 Statutory Framework

N/A Policy

Amendments

Nil

Adop on and Review






Reference DACL08

Subject Recovery of Impounding Expenses

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesManager Community Law, Safety and Emergency Management Team Leader Community Safety and Emergency Management Rangers/Fire Control Officers Team Leader Ranger Opera ons

Pursuant to the provisions of Sec on 5.42 of the Local Government Act 1995 and Sec on 3.48 of the same Act, theChief Execu ve Officer is delegated authority to implement proceedings for the recovery of impounding expenses if thegoods are removed and impounded.

Power or Duty

Condi onsNil

Sec ons 3.48 and 5.42 Local Government Act 1995 Statutory Framework

N/A Policy

Amendments

Nil

Adop on and Review






Reference DACL09

Subject Legal Proceedings

Delega on

CouncilDelegated by

DelegatesCEO

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

Authority to ins tute legal proceedings through the Council’s Solicitors is delegated to the Chief Execu ve Officerand/or any of its authorised officer(s) for the recovery of any penal es, and for the punishment of any personcommi ng an offence relevant to the officers work areas, under the provisions of any legisla on including the HealthAct 1911, Li er Act 1979 1981, Local Government Act 1995, Bush Fires Act 1954, Caravan Parks and Camping GroundsAct 1995, Dog Act 1976, Cat Act 2011, Environmental Protec on Act 1986, Food Act 2008, Control of Vehicles (Off RoadAreas) 1978 and any Regula ons and Local Laws made there under, which it is the duty of the Local Authority toenforce.

Power or Duty

Condi onsWhere a modified penalty specified within an Infringement No ce has not been paid within the me laid down in theNo ce and in respect of other alleged offences not subject to a modified penalty, alleged offenders who apply for these ng aside of legal ac on shall be advised: • That the prosecu on will not be suspended; and • At any me, the alleged offender may submit any mi ga ng circumstances to the Council for its considera on.

Health Act 1911 Li er Act 1979-1981 Sec ons 5.42, 5.44 and 9.24 Local Government Act 1995 Bush Fires Act 1954 Caravan Parks and Camping Ground Acts 1995 Dog Act 1976 Environmental Protec on Act 1986 Food Act 2008Sec on 40 Control of Vehicles (Off Road Areas) 1978

Statutory Framework

N/A Policy




Amendments


23 June 2015 Delega on has been amended to reflect correct references to legisla on.


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


Adop on and Review






Reference DACL10

Subject Parking Related Signs

Delega on

CouncilDelegated by

DelegatesCEO

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

Pursuant to the provisions of Sec on 5.42 of the Local Government Act 1995 and Part 2 of the City of Bunbury Parkingand Parking Facili es Local Law, Council delegate responsibility to the Chief Execu ve Officer to erect, alter or removeparking related signs and road markings.

Power or Duty

Condi onsNil

Sec ons 3.18 and 5.42 Local Government Act 1995 City of Bunbury Parking and Parking Facili es Local Laws

Statutory Framework

N/A Policy

Adop on and Review


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




Amendments


23 June 2015 This delega on is amended to include authority to erect, alter or remove parking rela ng signs and road markings. The tle has also been changed to more accurately represent the delega on.




Financial Management

Reference DAFM01

Subject Payments from Municipal and Trust Funds

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesManager Finance Manager Governance Team Leader Financial Accoun ng

Pursuant to Sec on 5.42 of the Local Government Act 1995 and in accordance with Sec on 13 of the Local GovernmentFinancial Management Regula ons 1996, the Chief Execu ve Officer is delegated authority to approve payments fromthe Municipal and Trust Funds and to operate those funds and cer fy accounts.

Power or Duty

Condi ons• Electronic Funds Transfer (EFT) transac ons require dual authorisa on of payments before transmission. • A list of accounts paid by EFT for the month being presented to the next ordinary mee ng of the Council inaccordance with Regula on 13(2) of the Local Government (Financial Management) Regula ons 1996.

Sec on 5.42 Local Government Act 1995 Sec on 13 Local Government Financial Management Regula ons 1996

Statutory Framework

N/A Policy

Adop on and Review






Amendments


23 June 2015 This delega on is a combina on of two exis ng delega ons (DAFM2 – Payments from Municipal and Trust Funds and DAFM5 – Payment of Accounts by Electronic Funds Transfer).





Reference DAFM02

Subject Release of Bank Guarantees

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesDirector Works and Services Manager Finance Team Leader Financial Accoun ng Manager Governance Director Planning and Development Services

Pursuant to Sec on 5.42 of the Local Government Act 1995 Council delegates its authority to the Chief Execu ve Officerto release a Bank Guarantee in accordance with associated condi ons.

Power or Duty

Condi onsNil


N/A Policy

Amendments


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


Adop on and Review


17 July 1990 1990 13 December 2016 30 June 2017




Reference DAFM03

Subject Investment of Council Funds

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesManager Finance Manager Governance Team Leader Financial Accoun ng

Pursuant to Sec on 6.14 of the Local Government Act 1995 and sec on 18 of the Trustees Act 1962, Council delegatesits authority to the Chief Execu ve Officer to invest Council’s funds in authorised investments being term deposits withAustralia’s four (4) major banks: Commonwealth, ANZ, Na onal, Westpac and the following two (2) addi onal banks,Bankwest and Bendigo Bank.

Power or Duty

Condi onsNil

Sec ons 5.42 and 6.14 Local Government Act 1995 Sec on 18 Trustees t Act 1962

Statutory Framework

N/A Policy

Adop on and Review






Amendments


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





Reference DAFM04

Subject Write off of Moneys

Delega on

CouncilDelegated by

DelegatesCEO

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

Pursuant to the provisions of sec on 6.12 of the Local Government Act 1995 the Chief Execu ve Officer is delegatedauthority to write off or waive fees and charges, infringements and moneys due to the City that are consideredunrecoverable or where circumstances warrant.

Power or Duty

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


Directors have authority where applicable to individual directorate only. Policy

Adop on and Review






Amendments


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




General

Reference DAG01

Subject Power to Accept Tenders

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesN/A

Pursuant to Sec on 3.57 of the Local Government Act 1995 and Regula ons 11 to 24 of the Local Government(Func ons and General) Regula ons 1996 (‘the Regula ons’), Council delegates its authority to the Chief Execu veOfficer to accept tenders received up to $250,000 (Council Decision 266/13) and up to $500,000 (Council Decision186/11) where a tender for the supply of products or services is procured through the Western Australian LocalGovernment (WALGA), State of Commonwealth Governments or any of its agencies that provide preferred suppliercontracts or agreements. The Chief Execu ve Officer is also delegated authority to undertake nego a ons pursuant toregula on 20 of the Regula ons with the person who in his opinion submi ed the most advantageous tender, with thepurpose of varia on in respect of the required works or goods.

Power or Duty

Condi onsThe Chief Execu ve Officer is to provide quarterly advice on all tenders accepted over $250,000. Where the goods orservices so procured contain op ons to extend the Contract for a further period(s), the delegated amounts shall beapplied per annum to a maximum value not exceeding $750,000 excluding GST.

Sec on 3.57 Local Government Act 1995. Regula ons 11-24 Local Government (Func ons and General) Regula ons 1996

Statutory Framework

N/A Policy

Adop on and Review





General

Amendments


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

2. The CEO is to provide quarterly advice on all tenders accepted over $100,000.


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

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


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




General

Reference DAG02

Subject Contract Price Varia ons

Delega on

CouncilDelegated by

DelegatesCEO

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

Pursuant to the provisions of Sec on 5.42 of the Local Government Act 1995 and part 4 of the Local Government(Func ons and General) Regula ons 1996 (‘the Regula ons’) the Chief Execu ve Officer is Delegated Authority toapprove price varia ons for an approved contract subject to sufficient funds being available within the approvedexpenditure budget for that project or line item.

Power or Duty

Condi onsEach delegated officer’s capacity to approve a variance to a contract is limited to10% of their purchasing authority inaccordance to the schedule of purchasing. Price varia ons are limited to a maximum amount of $10,000 excluding GST or 10% of the contract value, whichever isthe greater amount.

Sec on 5.42 Local Government Act 1995Part 4 Local Government (Func ons and General Regula ons) 1996

Statutory Framework

N/A Policy

Adop on and Review





General

Amendments


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


13 December 2016 This delega on is amended to clearly iden fy a delegated officer’s financial capacity to approve a varia on to approved contracts.




General

Reference DAG03

Subject Liquor Licensing Extended Trading Permits

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesManager Environmental Health Director Planning and Development Services

Pursuant to the provisions of the Liquor Control Act 1988 the Chief Execu ve Officer is delegated the authority toapprove or provide comment on applica ons for Extended Trading Permits.

Power or Duty

Condi onsThe authority does not extend to use of the power to approve or refuse an applica on which is a first- me request foran Extended Trading Permit.

Liquor Control Act 1988 Statutory Framework

N/A Policy

Amendments

Nil

Adop on and Review





General

Reference DAG04

Subject Tender Varia ons

Delega on

CouncilDelegated by

DelegatesCEO


Pursuant to the provisions of Sec on 5.42 of the Local Government Act 1995 and part 4 of the Local Government(Func ons and General) Regula ons 1996 (‘the Regula ons’) the Chief Execu ve Officer is delegated authority toauthorise varia ons to tender specifica ons which will alter the price of tender, once the tender adver sing period hasclosed.

Power or Duty

Condi onsEach delegated officer’s capacity to approve an original tender and/or varia on is set according to the schedule ofpurchasing limits.

Sec on 5.42 Local Government Act 1995 Part 4 Local Government (Func ons and General) Regula ons 1996 Statutory Framework

N/A Policy

Adop on and Review


17 September 1998 1998 13 December 2016 30 June 2017



General

Amendments


23 June 2015 Delega on is amended by virtue of some minor wording changes to clarify that the authority is for varia ons to tender specifica ons which will alter the price of tender, once the tender adver sing period has closed.




General

Reference DAG05

Subject City of Bunbury Art Collec on – Purchase and Disposal of Artworks

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesN/A

Pursuant to the provisions of Sec on 5.42 of the Local Government Act 1995, the Chief Execu ve Officer is delegatedthe authority to purchase and dispose of artworks up to the value of the Annual Budgetary Line item alloca on(purchases), or $5,000 per item (disposals).

Power or Duty

Condi onsNil


N/A Policy

Amendments


18 March 2014 Amend to remove the reference to the Art Collec on Management Commi ee.


Adop on and Review


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



Health

Reference DAH01

Subject Discharge of Powers – Sec on 26 of the Health Act 1911

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesManager Environmental Health

In accordance with the powers contained within Sec on 26 of the Health Act 1911 (as amended), the City of Bunburyhereby appoints its Chief Execu ve Officer and Manager Environmental Health to be its depu es and in that capacity toexercise and discharge all or any of the powers and func ons of the local government as provided for in the Health Act1911 (as amended) in regard to Part IV Division 4 Sanitary Provisions, Part V Dwellings, Part VI Public Buildings, Part VIIAAnimal Produce, Drugs, Medicines, Disinfectants, Therapeu c Substances and Pes cides and Part IX Infec ous Diseases. Note: Please read in conjunc on with DAH07 Discharge of Powers – Food Act 2008.

Power or Duty

Condi onsNil

Sec on 26 Health Act 1911 in regard to Part IV Division 4 Sanitary Provisions, Part V Dwellings, Part VI Public Buildings,Part VIIA Animal Produce, Drugs, Medicines, Disinfectants, Therapeu c Substances and Pes cides and Part IX Infec ousDiseases

Statutory Framework

N/A Policy

Adop on and Review





Health

Amendments


23 June 2015 Delega on amended by virtue of some minor wording changes and correct referencing of legisla on.




Health

Reference DAH02

Subject Treatment of Sewage and Disposal of Effluent and Liquid Waste

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesManager Environmental Health Team Leader Environmental Health Environmental Health Officers

Pursuant to the provisions of Sec on 26 of the Health Act 1911, the City of Bunbury hereby appoints and authorises theChief Execu ve Officer and Environmental Health Officers to exercise and discharge the powers and func ons conferredon local government, for the purpose of regula ons 4 and 10(2) of the Health (Treatment of Sewage and disposal ofEffluent and Liquid Waste) Regula ons 1974.

Power or Duty

Condi onsNil

Sec on 26 Health Act 1911 Regula ons 4 and 10 (2) Health (Treatment of Sewage and disposal of Effluent and Liquid Waste) Regula on 1974.

Statutory Framework

N/A Policy

Adop on and Review





Health

Amendments

Nil



Health

Reference DAH03

Subject Caravan Parks and Camping Grounds

Delega on

CouncilDelegated by

DelegatesCEO

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

Pursuant to the provisions of Sec on 23(11) of the Caravan Parks and Camping Grounds Act 1995, the City of Bunburyhereby authorises its Environmental Health Officers (except the Manager Environmental Health) and Rangers for thepurpose of subsec on (2). Pursuant to the provision of Sec on 23(11) of the Caravan Parks and Camping Grounds Act 1995, the City of Bunburyhereby authorises its Chief Execu ve Officer and Manager Environmental Health for the purpose of subsec ons (3), (5)and (7).

Power or Duty

Condi onsNil

Sec on 23(11) Caravan Parks and Camping Grounds Act 1995 Statutory Framework

N/A Policy

Adop on and Review





Health

Amendments

Nil



Health

Reference DAH04

Subject Caravan Parks and Camping Ground Regula ons

Delega on

CouncilDelegated by

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

SubdelegatesN/A

Pursuant to the provisions of Sec on 17(1)(a) of the Caravan Parks and Camping Grounds Act 1995 and Caravan Parksand Camping Grounds Regula ons 1997, the City of Bunbury hereby appoints its Chief Execu ve Officer andEnvironmental Health Officers and Rangers to be authorised for the purposes of the aforemen oned Act andRegula ons and to carry out the func ons conferred on the City of Bunbury by the Regula ons.

Power or Duty

Condi onsNil

Sec on 17(1)(a) Caravan Parks and Camping Grounds Act 1995 Caravan Parks and Camping Grounds Regula ons 1997

Statutory Framework

N/A Policy

Adop on and Review





Health

Amendments

Nil



Health

Reference DAH05

Subject Sec on 39 and Sec on 40 Cer ficates

Delega on

CouncilDelegated by

DelegatesCEO

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

To sa sfy requests made from me to me by the Department of Racing, Gaming and Liquor in their pursuit of theprovisions of the Liquor Control Act 1988, Council authorises the Chief Execu ve Officer to sign: • Cer ficates of a Local Government (Sec on 39), and • Cer ficates of a Local Planning Authority (Sec on 40). Explana on: Sec on 39 and Sec on 40 Cer ficates document the level of compliance premises have with the HealthAct 1911, any wri en law rela ng to the sewerage or drainage of those premises, the Local Government Act 1995, theFood Act 2008, the Building Act 2011 and any wri en laws rela ng to planning, including the Local Planning Scheme.

Power or Duty

Condi onsNil

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

Statutory Framework

N/A Policy



Health

Amendments




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


Adop on and Review


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



Health

Reference DAH06

Subject Sec on 55 Cer ficates

Delega on

CouncilDelegated by

DelegatesCEO

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

To sa sfy requests made from me to me by the Department of Racing, Gaming and Liquor in their pursuit of theprovisions of the Gaming and Wagering Commission Act 1987, Council authorises the Chief Execu ve Officer to signCer ficates of a Local Government (Sec on 55 Cer ficates). Explana on: Sec on 55 Cer ficates serve to provide advice that those parts of a premises subject to applica ons forgaming ac vi es conform with the Health Act 1911, to the relevant Act rela ng to sewerage and drainage and to anysubsidiary legisla on made under those Acts or the Local Government Act 1995 and any wri en laws rela ng toplanning, including the Local Planning Scheme.

Power or Duty

Condi onsNil

Sec on 55 Cer ficates Gaming and Wagering Commission Act 1987 Health Act 1911 Health (Public Buildings) Regula ons 1992 Local Government Act 1995 Building Act 2011 Planning and Development Act 2005Local Planning Scheme

Statutory Framework

N/A Policy



Health

Amendments




8 December 2015 This delega on is amended to reflect the correct tle of the Department of Racing Gaming and Liquor. The words “any wri en laws rela ng to planning, including the Local Planning Scheme” have been included in the explana on note.


Adop on and Review





Health

Reference DAH07

Subject Discharge of Powers (Food Act 2008)

Delega on

CouncilDelegated by

DelegatesCEO Manager Environmental Health

SubdelegatesN/A

Pursuant to sec ons 118(2)(b), 118(3) and 118(4) of the Food Act 2008, the City of Bunbury (enforcement agency)delegates authority to: The Chief Execu ve Officer to: • Appoint authorised officers in accordance with sec on 122(1) of the Food Act 2008. • Appoint meat inspectors as authorised officers in accordance with sec on 122(1)(a) of the Food Act 2008. • Issue cer ficates of authority to authorised officers in accordance with Sec on 123(1) and 123(2) of the Food Act2008. • Appoint designated officers to issue infringement no ces in accordance with Sec on 126(2) of the Food Act 2008. • Appoint designated officers to receive payment from infringement no ces under Sec on 126(3)(c) of the Food Act2008. • Appoint designated officers to extend and revoke ‘infringement no ces; in accordance with sec ons 126(6) and 126(7) of the Food Act 2008. The Manager Environmental Health Services (Authorised Officer) to: • Issue ‘prohibi on no ces’ in accordance with Sec on 65 of the Food Act 2008. • Clear and remove ‘prohibi on no ces’ in accordance with Sec on 66 of the Food Act 2008. • Provide wri en no fica on not to issue a cer ficate of clearance in accordance with Sec on 67 of the Food Act 2008. • Grant, apply condi ons, refuse, vary or cancel registra on of a food business in accordance with the Sec ons 110 and112 of the Food Act 2008.

Power or Duty

Condi ons• Meat Inspectors employed with the City of Bunbury as Authorised Officers cannot undertake any enforcement ac vityunder the Food Act 2008 on behalf of the City. • Authorisa on to designated officers to ‘extend and revoke’ infringement no ces limited to Manager EnvironmentalHealth Services and Director Planning, Development and Regulatory Services only.

Statutory Framework



Health

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

N/A Policy

Amendments


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

13 December 2016 This delega on is amended to clearly iden fy the func ons being delegated and to whom. Sec on 118(4) of the Food Act 2008 states sub delega on is only permissible if expressly provided in regula ons and the Food Regula ons 2009 do not provide for sub-delega on. This delega on provides the CEO with the authority to appoint authorised and designated officers in accordance with the Food Act 2008.


Adop on and Review





Health

Reference DAH08

Subject Public Health Act 2016 and Criminal Procedure Act 2004

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesN/A

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

Power or Duty

Condi onsNil

Statutory Power being delegated: Sec on 24 Public Health Act 2016 (Designa on of authorised officers) and Part 2,2004 Criminal Procedure Act 2004 (Dealing with alleged offenders without prosecu ng them)Statutory Power of Delega on: Sec on 21 Public Health Act 2016 (Enforcement agency may delegate) and Regula on15D(5) Health (Asbestos) Regula ons 1992 (Infringement No ces)

Statutory Framework

N/A Policy

Adop on and Review


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



Health

Amendments

Nil



Opera ons

Reference DAO01

Subject Thoroughfare Submissions

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesDirector Works and Services Director Planning and Development Services

Pursuant to sec ons 5.42 and 3.50(1a) and (4) of the Local Government Act, Council delegates its authority to the ChiefExecu ve Officer who may, a er providing public no ce of its inten on and reasons, invi ng submissions and thenconsidering submissions, order a thoroughfare to be wholly or par ally closed to vehicles for a period exceeding 4weeks.

Power or Duty

Condi onsNil

Sec ons 5.42, 3.50(1a) and (4) Local Government Act 1995 Statutory Framework

N/A Policy

Adop on and Review


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



Opera ons

Amendments


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




Opera ons

Reference DAO02

Subject Purchase and Trade of Fleet Vehicles

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesDirector Works and Services Manager Governance

Pursuant to the provisions of Sec on 5.42 of the Local Government Act 1995 and Part 6 of the Local GovernmentFunc ons and General Regula ons 1996, Council delegates its authority to the Chief Execu ve Officer to trade exis ngfleet vehicles and purchase new fleet vehicles from motor vehicle suppliers to ensure the City’s business needs are metfor different work areas, based on prices equal to or be er than prices listed in the State Governments Contract andManagement Services (CAMS) lis ng for the supply of motor vehicles.

Power or Duty

Condi onsNil

Sec on 5.42 Local Government Act 1995 Part 6 Local Government Func ons and General Regula ons 1996

Statutory Framework

N/A Policy

Amendments

Nil

Adop on and Review





Opera ons

Reference DAO03

Subject Sale of Subdivisional Land

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesN/A

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

Power or Duty

Condi onsNil

Sec ons 3.58(1), 5.42 and 5.43 Local Government Act 1995 Statutory Framework

N/A Policy

Amendments


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


Adop on and Review


4 November 1996 1996 13 December 2016 30 June 2017



Opera ons

Reference DAO04

Subject Condi ons of Property Leases

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesManager Governance Manager Major Projects

Pursuant to the provisions of Sec on 5.42 and 3.58 of the Local Government Act 1995 the Chief Execu ve Officer isdelegated authority to nego ate the terms and condi ons of property leases for referral to Council.

Power or Duty

Condi onsSe led terms and condi ons to be presented to the Council for endorsement as soon as possible.


N/A Policy

Amendments


23 June 2015 This delega on is amended to reflect correct references to legisla on. Council Decision 219/15

Adop on and Review





Opera ons

Reference DAO05

Subject Closure of Private Right of Way

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesDirector Works and Services Director Planning and Development Services

Pursuant to the provisions of Part 4, sec on 52 of the Land Administra on Act 1997 the Chief Execu ve Officer isdelegated authority in respect of considera on of Applica ons to Close a Private Right of Way.

Power or Duty

Condi onsNil

Part 4, Sec on 52 Land Administra on Act 1997 Statutory Framework

N/A Policy

Amendments


23 June 2015 Delega on is amended to reflect correct references to legisla on. Council Decision 219/15

Adop on and Review





Opera ons

Reference DAO06

Subject Authority to Serve No ces to Owners or Occupiers of Land

Delega on

CouncilDelegated by

DelegatesCEO

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

Pursuant to the provisions of sec ons 5.42 and 3.25(1) of the Local Government Act 1995 the Chief Execu ve Officer isdelegated authority to give an occupier a no ce requiring them to do something to land if it is specified in Schedule 3.1.If the occupier is not the owner, the owner must also be informed. The no ce may be for such issues as:. • Preven ng water from dripping or running from a building • Placing a street number in a prominent place • Ensuring that unsightly land is either enclosed or where it is considered un dy having such materials or rubbishremoved • Taking steps for preven ng or minimising danger to the public or damage to property, which might arise from cycloneac vity. • The gran ng and imposing of condi ons for persons or agencies undertaking works in the street; • Appor on responsibility of the cost of road and footpath reinstatement resul ng from works undertaken by otherpersons or agencies in accordance with sec on 3.26 of the Local Government Act 1995 and 33c of the Main Roads Act1930.

Power or Duty

Condi onsNil

Sec ons 5.42, 3.25(1), 3.26 and Schedule 3.1 Local Government Act 1995 Sec on 33c Main Roads Act 1930

Statutory Framework

N/A Policy



Opera ons

Amendments


23 June 2015 Exis ng delega ons DAO2 – Appor on Responsibility of Costs From Works in the Street and DACL13 – Issuing of No ces to Owner/Occupiers have been amalgamated into DAO8 – Authority to Serve No ces to Owners or Occupiers of Land.


Adop on and Review





Opera ons

Reference DAO07

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

Delega on

CouncilDelegated by

DelegatesCEO


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

Power or Duty

Condi ons• • Subject to the value of the asset being no greater than $50,000. This value is hereby established in accordance withSec on 5.43(d) of the Local Government Act 1995. • A disposi on that is described in Regula on 30 of the Local Government (Func ons and General) Regula ons 1996 asan exempt disposi on is excluded from the applica on of Sec on 3.58 of the Act and condi on above.

Sec ons 3.58, 5.42, 5.43(d) Local Government Act 1995 Regula on 30 Local Government (Func ons and General) Regula ons 1996

Statutory Framework

N/A Policy

Adop on and Review





Opera ons

Amendments


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


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



Opera ons

Reference DAO08

Subject Determine Applica ons and Apply Condi ons to Ma ers Rela ng to Road Reserves

Delega on

CouncilDelegated by

DelegatesCEO

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

Pursuant to Sec on 5.42, Schedule 9.1 and Clause 5(1) of the Local Government Act and Regula on 9 of the LocalGovernment (Uniform Local Provisions) Regula on 1996 and the Mains Road Act 1930, Council delegates its authorityto the Chief Execu ve Officer to determine applica ons and apply condi ons to ma ers connected with road reserves,such as, but not limited to: • Bus Shelters • Footpaths / Disposal of Second Hand Slabs • Temporary Vehicle Crossing Places • Temporary Road Closures • Excava on of Road Pavements • Excava on - Requirement to Fill or Fence • Street Ligh ng • Obstruc ons • Gate Across Public Thoroughfare • No ce of Works to Take Place• Signs

Power or Duty

Condi onsNil

Sec on 5.42, Schedule 9.1 Clause 5(1) Local Government Act 1995 Regula on 9, Local Government (Uniform Local Provisions) Regula ons 1996 Sec on 33c Main Roads Act 1930

Statutory Framework

N/A Policy



Opera ons

Amendments




Adop on and Review





Opera ons

Reference DAO09

Subject Disposal of property (land)

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesN/A

To dispose of property (land) Power or Duty

Condi ons(a) the property (land) is to be valued at $500,000 or less;(b) the final considera on is to be greater than, or within 5% of the formal valua on; and(c) the disposal provisions of sec on 3.58 of the Local Government Act 1995 will con nue to apply.

Statutory Power being Delegated: Sec on 3.58 Local Government Act 1995 (Disposing of property)Statutory Power of Delega on: Sec ons 5.42 and 5.43(d) Local Government Act 1995 (Delega on of some powers ordu es to the CEO, Limita ons on delega ons to the CEO)

Statutory Framework

Council Policy - Land Ra onalisa on and Acquisi ons Policy

Amendments

Nil

Adop on and Review


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



Planning and Development

Reference DASP01

Subject No fica on on Land Title

Delega on

CouncilDelegated by

DelegatesCEO

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

Pursuant to the provisions of the Local Planning Scheme, Schedule 2 - deemed provisions for local planning schemesunder the Planning and Development (Local Planning Schemes) Regula ons 2015 and the Planning and Development(Local Planning Schemes) Amendment Regula ons 2015, the Chief Execu ve Officer is delegated the authority to causea no fica on of proprietors or prospec ve proprietors of land to be made aware of a factor or factors affec ng the useor enjoyment of the land or part of the land in accordance with sec on 70A of the Transfer of Land Act 1893, in rela onto determining applica ons for planning approval in accordance with the Local Planning Scheme and Local PlanningPolicies.

Power or Duty

Condi onsNil

Sec on 70A Transfer of Land Act 1893 Schedule 2 of the Planning and Development (Local Planning Schemes) Regula ons 2015 Planning and Development (Local Planning Scheme) Amendment Regula ons 2015 Local Planning Scheme Local Planning Policies

Statutory Framework

N/A Policy




Amendments


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

8 December 2015 This delega on is amended to include reference to the Local Planning Scheme, as per the Planning and Development (Local Planning Schemes) Regula ons 2015.


13 December 2016 This delega on was originally tled “Flood Prone Land” but on review by officers, and pursuant to the provisions of the Schedule 2 Planning and Development Regula ons 2015, it has been reworded to clearly iden fy the func on of the local government when determining applica ons for planning approval, to no fy proprietors and prospec ve proprietors of land under sec on 70A Transfer of Land Act 1893, of all factors affec ng the use or enjoyment of the land, and not just flood prone land.


Adop on and Review






Reference DASP02

Subject No fica ons on Land Title (Applica ons for Built Strata Subdivision)

Delega on

CouncilDelegated by

DelegatesCEO

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

Pursuant to the provisions of sec on 165 of the Planning and Development Act 2005, the Chief Execu ve Officer isdelegated the authority to cause a no fica on of owners or prospec ve owners of land to be made aware of hazards orother factors seriously affec ng the use or enjoyment of that land, in accordance with sec on 70A of the Transfer ofLand Act 1893, in rela on to determining applica ons for built strata subdivision in accordance with the Planning andDevelopment Act 2005, State Planning Policies, Local Planning Scheme and Local Planning Policies.

Power or Duty

Condi onsNil

Sec on 165 Planning and Development Act 2005 Sec on 70A Transfer of Land Act 1893 Schedule 2 Planning and Development (Local Planning Schemes) Regula ons 2015 Planning and Development (Local Planning Schemes) Amendment Regula ons 2015 Local Planning Scheme Local Planning Policies

Statutory Framework

N/A Policy

Adop on and Review


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




Amendments

Nil




Reference DASP03

Subject Development Applica ons

Delega on

CouncilDelegated by

DelegatesCEO

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

To determine applica ons for development approval subject to the Local Planning Scheme and sec on 68 (2)(a) and (b)of Schedule 2 of the Planning and Development (Local Planning Schemes) Regula ons 2015.

Power or Duty

Condi onsNil

Planning and Development Act 2005Planning and Development (Local Planning Schemes) Regula ons 2015Local Planning Scheme

Statutory Framework

N/A Policy

Adop on and Review






Amendments


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

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

8 December 2015 This delega on has been reworded to accurately reflect the inten on of the power and duty, and also includes updated legisla on reference as per the Planning and Development (Local Planning Schemes) Regula ons 2015.





Reference DASP04

Subject Local Planning Scheme and Local Planning Policy Compliance

Delega on

CouncilDelegated by

DelegatesCEO

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

Pursuant to the provisions of sec on 5.42 (1)(b) of the Local Government Act 1995 and the Local Planning Scheme, theChief Execu ve Officer is delegated the authority to ini ate ac on in accordance with sec on 214 (2), (3) or (5) of thePlanning and Development Act 2005 to ensure compliance. Pursuant to the provisions of sec on 82, Part 10 of the Planning and Development (Local Planning Scheme) Regula ons2015, the Chief Execu ve Officer is delegated authority to ini ate ac on in accordance with sec on 13, Part 3, andsec on 80, Part 10 of the Planning and Development (Local Planning Scheme) Regula ons 2015 to ensure compliance.

Power or Duty

Condi onsNil

Local Planning SchemeSec on 5.42 (1)(b) Local Government Act 1995 Sec on 214 (2), (3) or (5) Planning and Development Act 2005Sec ons 80 and 82 Part 10, Sec on 13 Part 3 Planning and Development (Local Planning Scheme) Regula ons 2015Local Planning Policies

Statutory Framework

N/A Policy

Adop on and Review






Amendments


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


8 December 2015 This delega on was originally tled Town Planning Scheme No. 7 and Local Planning Policy Compliance. The delega on tle and power and duty are amended to reflect the correct legisla on reference as per the Planning and Development (Local Planning Schemes) Regula ons 2015, the Local Government Act 1995 and the Planning and Development Act 2005.





Reference DASP05

Subject Residen al Design Codes

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesManager Sustainability, Planning and Development Team Leader Development Assessment and Compliance Senior Planning Officer Planning Officer(s) Building Surveyor Team Leader Building Cer fica on Director Planning and Development Services

Pursuant to the provisions of the Local Planning Scheme and the provisions of State Planning Policy 3.1 Residen alDesign Codes (as amended), the Chief Execu ve Officer is delegated the authority to determine applica ons rela ng toand including addi ons to single houses, mul ple dwellings, ancillary dwellings and group dwellings which may includedetermina on of setback varia ons.

Power or Duty

Condi onsNil

Local Planning SchemeState Planning Policy 3.1 Residen al Design Codes 2010 Local Planning PoliciesPlanning and Development (Local Planning Scheme) Regula ons 2015Planning and Development Act 2005

Statutory Framework

N/A Policy




Amendments


8 July 2014 Amend the wording within Power/Duty to reference current legisla on, namely Residen al Design Codes 2010.


23 June 2015 This exis ng delega on (Residen al Setback Varia ons) is combined with DASP7 – Residen al Design Codes 2010, to include determina on of applica ons rela ng to single houses, mul ple dwellings, ancillary dwellings and group dwellings which may include determina on of setback varia ons, pursuant to Town Planning Scheme No. 7, Residen al Design Codes 2010 and relevant Local Planning Policies.


8 December 2015 This delega on is amended to reflect the correct legisla on reference as per the Planning and Development (Local Planning Schemes) Regula ons 2015.


Adop on and Review






Reference DASP06

Subject Reserve Administra on

Delega on

CouncilDelegated by

DelegatesCEO

SubdelegatesDirector Works and Services Manager Engineering and Civil Opera ons

Pursuant to the provisions of clause 11.3 City of Bunbury Town Planning Scheme No. 7, Land Administra on Act 1997and Land Administra on Regula ons 1998, the Chief Execu ve Officer is delegated authority to approve any reserveadministra on ma ers which do not expressly require a resolu on of Council including such ma ers as closures ofpedestrian access ways, public right of ways, private right of ways, leasing of reserves, modifica ons to reserve areasand accep ng or surrendering management orders.

Power or Duty

Condi onsNil

Clause 11.3 City of Bunbury Town Planning Scheme No. 7 Sec on 58, Land Administra on Act 1997 Land Administra on Regula ons 1998

Statutory Framework

N/A Policy

Adop on and Review






Amendments


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





Reference DASP07

Subject Planning and Development Act 2005 - Enforcement and Legal Proceedings

Delega on

CouncilDelegated by

DelegatesCEO

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

Pursuant to the provisions of sec on 234 of the Planning and Development Act 2005, the City of Bunbury herebyauthorises its Compliance Officer for the purposes of sec on 228 – to give an infringement no ce to an allegedoffender, where the officer has reason to believe a person has commi ed a prescribed offence as listed in sec on 42,Part 5 of the Planning and Development Regula ons 2009. Pursuant to the provisions of sec on 234 of the Planning and Development Act 2005, the City of Bunbury herebyauthorises its Chief Execu ve Officer, Manager Sustainability Planning and Development and Team Leader DevelopmentAssessment and Compliance for the purposes of sec ons 229, 230 or 231 or for the purposes of 2 or more of thosesec ons.

Power or Duty

Condi onsNil

Sec ons 228, 229, 230, 231 and 234 Planning and Development Act 2005Sec on 42, Part 5 Planning and Development Regula ons 2009

Statutory Framework

N/A Policy

Adop on and Review






Amendments


23 June 2015 Delega on is amended to reflect correct referencing of legisla on. Council Decision 219/15

8 December 2015 The original delega on is a duplica on of DASP03 Local Planning Scheme and Local Planning Policy Compliance and the proposed delega on provides authorisa on to issue infringements where there is reason to believe that a person has commi ed a prescribed offence in accordance with sec ons 214, 218, 220 and 221 of the Planning and Development Act 2005. The power and duty also includes authorised officers the authority to extend the me to pay the penalty and withdraw the infringement no ce.




Statutory Delega ons to Local Government from External Agencies

Reference DASD01

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

Delega on

Western Australian Planning CommissionDelegated by

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

SubdelegatesN/A

Published by: Planning GOVERNMENT GAZETTE Western Australia -------------------------------------------------------------------------------- No. 65. 09-May-2014 Page: 1420 PL406 PLANNING AND DEVELOPMENT ACT 2005 Instrument of Delega on DELEGATION POWERS OF LOCAL GOVERNMENTS (GBRS) DEL 2014/01 Delega on to local governments of certain powers and func ons of the Western Australian Planning Commissionrela ng to the Greater Bunbury Region Scheme Preamble Unless exempted by clause 25 and 26, under clause 24 of the Greater Bunbury Region Scheme (GBRS), on reservedland, a person must not commence or carry out development unless that person has planning approval. Developmenton zoned land requires planning approval if it is of a kind or class set out in a resolu on of the Western AustralianPlanning Commission (WAPC) under clause 27 of the GBRS. Parts 7 and 8 of the GBRS sets out the requirements,procedures and func ons of the WAPC in rela on to the determina on of applica ons for planning approval. Under sec on 16 of the Planning and Development Act 2005 (the Act) the Western Australian Planning Commission(the WAPC) may, by resolu on published in the Government Gaze e, delegate any func on to a local government, acommi ee established under the Local Government Act 1995 or an employee of a local government. In accordance with sec on 16(4) of the Act, a reference in this instrument to a func on or a power of the WAPC

Power or Duty




includes and extends to, without limita on or restric on, any of the powers, privileges, authori es, discre ons, du esand responsibili es vested in or conferred upon the WAPC by the Act or any other wri en law as the case requires. Resolu on under sec on 16 of the Act (delega on) On 22 April 2014, pursuant to sec on 16 of the Act, the WAPC RESOLVED-- A TO DELEGATE to local governments, and to members and officers of those local governments, its func ons in respectof the determina on, in accordance with Parts 7 and 8 of the Greater Bunbury Region Scheme, of applica ons forapproval to commence and carry out development as specified in schedules 1 and 2, within their respec ve districts,subject to the terms set out in schedule 3; B TO REVOKE its delega on of powers and func ons to local governments as detailed in a no ce published in theGovernment Gaze e of 20 April 2012 (pages 1717--1722). TIM HILLYARD, Secretary, Western Australian Planning Commission. -------- PLANNING AND DEVELOPMENT ACT 2005 Instrument of Delega on SCHEDULE 1--Development on reserved land delegated to local governments 1. Development on land in a regional road reserva on where the local government accepts the recommenda on andany advice of the advice agency. 2. Development of private je es and associated facili es located in an ar ficial waterway in the waterways reserva on. 3. Development on reserved land, which requires planning approval under the GBRS and which is-- (a) Ancillary and incidental development that does not conflict with the purposes of the reserva on; and (b) Development where the local government accepts the recommenda on and any advice of the public authorityresponsible for that reserved land. 4. Any extension and/or change to a non-conforming use which requires planning approval under the GBRS and which isone or more of the following kinds-- (a) Development where the local government accepts the recommenda on and any advice of the Department ofPlanning. (b) Development for which the local government decides to refuse. SCHEDULE 2--Development on zoned land delegated to local governments Applica ons for development on zoned land, excluding public works undertaken by public authori es-- 1. On land abu ng regional open space reserva ons, development which requires planning approval under the GBRSand which is one or more of the following kinds--




(a) Development where the local government accepts the recommenda on and any advice of the Department ofPlanning. (b) Development for which the local government decides to refuse approval under the GBRS. 2. On land abu ng a primary regional roads reserva on, development which requires planning approval under theGBRS and which is of one or more of the following kinds-- (a) Development where the local government accepts the recommenda on and any advice of Main Roads WesternAustralia. (b) Development for which the local government decides to refuse approval under the GBRS. 3. On land abu ng an other regional roads reserva on, development which requires planning approval under the GBRSand which is of one or more of the following kinds-- (a) Development where the local government accepts the recommenda on and any advice of the Department ofPlanning. (b) Development which-- i. complies with an approved access policy pertaining to other regional roads reserva ons submi ed by the localgovernment and endorsed by the WAPC, and ii. is approved subject to condi ons requiring compliance with that policy. (c) Development for which the local government decides to refuse approval under the GBRS. 4. On land abu ng a port installa ons, public purposes, railways, state forests or waterways reserva on, developmentof one or more of the following kinds-- (a) Development where the local government accepts the recommenda on and any advice of the public authorityresponsible for that reserved land. (b) Development for which the local government decides to refuse approval under the GBRS. 5. On land in the water catchments special control area (SCA No. 1), development which requires planning approvalunder the GBRS and which is of one or more of the following kinds-- (a) Development where the local government accepts the recommenda on and any advice of the Department of Waterand/or the Water Corpora on, as the case may be. (b) Development for which the local government decides to refuse approval under the GBRS. 6. On land in the Kemerton industrial zone buffer special control area (SCA No. 2), development which requires planningapproval under the GBRS and which is one or more of the following kinds-- (a) Development where the local government accepts the recommenda on and any advice of the Department of StateDevelopment and the Environmental Protec on Authority. (b) Development for which the local government decides to refuse under approval under the GBRS. 7. On land in the Glen Iris service corridor buffer special control area (SCA No. 3) development which requires planning




approval under the GBRS and which is one or more of the following kinds-- (a) Development where the local government accepts the recommenda on and any advice of the Bunbury PortAuthority, Department of State Development and the Environmental Protec on Authority. (b) Development for which the local government decides to refuse approval under the GBRS. 8. On land in the Wastewater Treatment Plant Odour Buffer special control area (SCA No. 4) development whichrequires planning approval under the GBRS and which is one or more of the following kinds-- (a) Development where the local government accepts the recommenda on and any advice of the Water Corpora on. (b) Development for which the local government decides to refuse approval under the GBRS. 9. Development of one or more of the following kinds which is on land in, adjacent to or in close proximity to thestrategic agricultural resource policy area and which requires planning approval under the GBRS-- (a) Development where the local government accepts the recommenda on and any advice of the Department ofAgriculture and Food. (b) Development for which the local government decides to refuse approval under the GBRS. 10. Development of one or more of the following kinds which is on land in, adjacent to or in close proximity to thestrategic minerals and basic raw materials resource policy area and which requires planning approval under the GBRS-- (a) Development where the local government accepts the recommenda on and any advice of the Department of Minesand Petroleum. (b) Development for which the local government decides to refuse approval under the GBRS. 11. Development of one or more of the following kinds which is on land partly or wholly within the land subject to thefloodplain management policy area and which requires planning approval under the GBRS-- (a) Development where the local government accepts the recommenda on and any advice of the Department ofWater; (b) Development for which the local government decides to refuse approval under the GBRS. 12. Development in an ac vity centre which is for shop-retail purposes and which requires planning approval under theGBRS and which is for one or more of the following kinds-- (a) Development generally in accordance with a WAPC endorsed ac vity centres structure plan; (b) Development for which the local government decides to refuse approval under the GBRS. 13. Development in the rural zone, other than for an animal husbandry-intensive, which requires planning approvalunder the GBRS and for which the local government decides to refuse approval under the GBRS. 14. Development for an animal husbandry-intensive premises, or for any extension or addi on in excess of 100 m2 tothe improvements of an exis ng animal husbandry-intensive premises and which is one or more of the following kinds-- (a) Development where the local government accepts the recommenda on and any advice of the Department of




Planning, Department of Agriculture and Food, Department of Health, Department of Environmental Regula on,Department of Parks and Wildlife and/or Environmental Protec on Authority. (b) Development for which the local government decides to refuse approval under the GBRS. 15. Any extension and/or change to a non-conforming use which requires planning approval under the GBRS and whichis one or more of the following kinds-- (a) Development where the local government accepts the recommenda on and any advice of the Department ofPlanning. (b) Development for which the local government decides to refuse. SCHEDULE 3--Terms of delega ons to determine development on reserved and zoned land 1. Under clause 36 of the GBRS, an applica on for planning approval is to be submi ed to the local government, which,if the applica on is to be determined by the WAPC, shall forward it to the WAPC in seven days and makerecommenda ons to the WAPC within 42 days, or such longer period as the WAPC allows. 2. An applica on for development on reserved land, excluding regional open space, shall be referred within seven daysto the public authority responsible for that reserved land for advice and recommenda on before being considered bythe local government. 3. An applica on for development on or abu ng regional open space reserva ons, shall be referred within seven daysto the Department of Planning for advice and recommenda on before being considered by the local government. 4. An applica on for development in or abu ng a primary regional roads reserva on shall be referred within sevendays to Main Roads Western Australia for advice and recommenda on before being considered by the localgovernment. 5. An applica on for development in or abu ng an other regional roads reserva on shall be referred within seven daysto the Department of Planning for advice and recommenda on before being considered by the local government. 6. An applica on for development abu ng a port installa ons, public purposes, railways, state forests or waterwaysreserva on shall be referred within seven days to the public authority responsible for that reserved land for advice andrecommenda on before being considered by the local government. 7. An applica on for development within the water catchments special control area (SCA No. 1) shall be referred withinseven days to the Department of Water and/or the Water Corpora on for advice and recommenda on before beingconsidered by the local government. 8. An applica on for development in the Kemerton industrial zone buffer special control area (SCA No. 2) shall bereferred within seven days to the Department of State Development and the Environmental Protec on Authority foradvice and recommenda on before being considered by the local government. 9. An applica on for development in the Glen Iris service corridor buffer special control area (SCA No. 3) shall bereferred within seven days to the Bunbury Port Authority, Department of State Development and the EnvironmentalProtec on Authority for advice and recommenda on before being considered by the local government. 10. An applica on for development in the Wastewater Treatment Plant Odour Buffer special control area (SCA No. 4)shall be referred within seven days to the Water Corpora on for advice and recommenda on before being consideredby the local government.




11. An applica on for development within, adjacent to or in close proximity to the strategic agricultural resource policyarea shall be referred within seven days to the Department of Agriculture and Food for advice and recommenda onbefore being considered by the local government. 12. An applica on for development in, adjacent to or in close proximity to the strategic minerals and basic rawmaterials resource policy area shall be referred within seven days to the Department of Mines and Petroleum for adviceand recommenda on before being considered by the local government. 13. An applica on for development partly or wholly within the floodplain management policy area shall be referredwithin seven days to the Department of Water for advice and recommenda on before being considered by the localgovernment. 14. An applica on for an animal husbandry-intensive premises shall be referred to the Department of Planning,Department of Agriculture and Food, Department of Health, Department of Environmental Regula on, Department ofParks and Wildlife and/or the Environmental Protec on Authority for advice and recommenda on before beingconsidered by the local government. 15. An applica on for any extension and/or change to a non-conforming use shall be referred within seven days to theDepartment of Planning for advice and recommenda on before being considered by the local government. 16. Where an applica on is referred to an advice agency for advice and recommenda on the agency is to be advisedthat if no advice or recommenda on has been received within thirty days of receipt of the applica on by the adviceagency the applica on may be determined on the available informa on; and the WAPC, or delegate of, or a localgovernment ac ng under delegated power, may determine the applica on on that basis. 17. Following referral for advice and recommenda on, an applica on which is to be determined by the WAPC shall beforwarded as soon as prac cable to the WAPC with the advice and recommenda ons provided by all the adviceagencies consulted together with the advice and recommenda on of the local government. 18. Where the recommenda on provided by an advice agency specified above is not acceptable to the localgovernment, the applica on, together with the recommenda ons provided by all advice agencies consulted and thereasons why the recommenda on is not acceptable to the local government, shall be forwarded immediately to theWAPC for determina on. 19. Each local government shall report to the WAPC, in the form and manner required by the WAPC, all decisions madeunder this instrument of delega on. 20. The powers delegated to members and officers of a local government may only be exercised by a member or officerwho has been delegated power from the local government to consider and determine applica ons for approval tocommence and carry out development in the local government district under the local planning scheme. SCHEDULE 4--Defini ons In this instrument of delega on, words have the meanings given to them in the Act and the GBRS. Unless the contextotherwise requires-- 'Abu ng' reserved land means the zoned land shares a common boundary with reserved land. 'Access' means entry or exit (or both) from either a road or abu ng development by a vehicle. 'Ac vity centre' means the category of ac vity centres set out in Table 2 of the Ac vity Centres for Greater BunburyPolicy, namely--




• City Centre • District Centres • Neighbourhood centres • Special Centres • Town Centres 'Advice agency' means a department, public authority or body which is requested to provide advice andrecommenda ons on applica ons for planning approval under the GBRS as an agency responsible for reserved land orto which local governments refer applica ons under the terms of schedule 3. ‘Forward to the WAPC’ and similar expressions mean convey by mail, by hand or electronically to the Bunbury office ofthe Department of Planning. ‘Net le able area’ means the area of all floors within the internal finished surfaces of permanent walls but excludes thefollowing areas— (a) all stairs, toilets, cleaner’s cupboards, li sha s and motor rooms, tea rooms and plant rooms and other serviceareas; (b) lobbies between li s facing other li s servicing the same floor (c) areas set aside for the provision of facili es or services to the floor or building; (d) areas set aside for the provision of facili es or services to the floor or building where such facili es are not for theexclusive use of occupiers of the floor or building. ‘Non-conforming use’ has the same meaning as it has in the Planning and Development Act 2005 sec on 172. ‘Not acceptable’ means that the local government wishes the applica on to be determined in a manner that isinconsistent with the advice and/or recommenda on received from the advice agency which the local government wasrequired to consult. ‘Planning approval’ and ‘planning approval under the GBRS’ mean the planning approval of the WAPC as required underthe GBRS and by resolu on of the WAPC under clause 27 of the GBRS, whether granted by the WAPC or by delegates ofthe WAPC including commi ees, officers, local governments and members and officers of local governments. ‘Proximity’ and ‘in close proximity’ mean that the development is, in the opinion of the WAPC or local government,sufficiently close to a policy area for the effects of ac vi es in the policy area (such as noise, odour, spray dri or dust)to be likely to have an adverse effect on the proposed use, and/or for the effects of the development to be likely tohave an adverse effect on uses in the policy area. ‘Shop-retail’ means the land use ac vi es included in “Planning land use category 5: Shop/Retail” as defined by theCommission’s South West Land Use and Employment Survey (as amended from me-to- me). -------------------------------------------------------------------------------- Government of Western Australia State Law Publisher. All contents Copyright (C) 2003. All rights reserved. Disclaimer

Condi onsNil




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

Statutory Framework

N/A Policy

Amendments

Nil

Adop on and Review


22 April 2014 WAPC Resolu on 22 April 2014 - published 09/05/2014

13 December 2016 30 June 2017




Reference DASD02

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

Delega on

Western Australian Planning CommissionDelegated by

DelegatesCouncil CEO Manager Sustainability, Planning and Development Team Leader Development Assessment and Compliance Senior Planning Officer Planning Officer(s) Team Leader Building Cer fica on Building Surveyor Director Planning and Development Services

SubdelegatesN/A

Published by: Planning and Infrastructure GOVERNMENT GAZETTE Western Australia -------------------------------------------------------------------------------- No. 98. 09-Jun-2009 Page: 1936 PI409 PLANNING AND DEVELOPMENT ACT 2005 Instrument of Delega on Del 2009/03 Powers of Local Governments Delega on to local governments of certain powers and func ons of the Western Australian Planning Commissionrela ng to the issuing of cer ficates of approval under sec on 25 of the Strata Titles Act 1985 Preamble Under sec on 16 of the Planning and Development Act 2005 (the Act) the Western Australian Planning Commission(the WAPC) may, by resolu on published in the Government Gaze e, delegate any func on under the Act or any otherwri en law to a local government, a commi ee established under the Local Government Act 1995 or an employee of alocal government. In accordance with sec on 16(4) of the Act, a reference in this instrument to a func on or a power of the WAPCincludes and extends to, without limita on or restric on, any of the powers, privileges, authori es, discre ons, du esand responsibili es vested in or imposed on the WAPC by the Act or any other wri en law as the case requires. Resolu on under sec on 16 of the Act (delega on)

Power or Duty




On 26 May 2009, pursuant to sec on 16 of the Act, the WAPC RESOLVED— A TO DELEGATE to local governments, and to members and officers of those local governments, its powers andfunc ons under sec on 25 of the Strata Titles Act 1985 as set out in clause 1 of Schedule, within their respec vedistricts, subject to the condi ons set out in clause 2 of Schedule 1. TONY EVANS, Western Australian Planning Commission. SCHEDULE 1 1. Applica ons made under sec on 25 of the Strata Titles Act 1985 Power to determine applica ons for the issuing of a cer ficate of approval under sec on 25 of the Strata Titles Act 1985for a plan of subdivision, re-subdivision or consolida on, except those applica ons that— (a) propose the crea on of a vacant lot; (b) propose vacant air stratas in mul - ered strata scheme developments; (c) in the opinion of the WAPC as no fied to the relevant local government in wri ng, or in the opinion of the relevantlocal government as no fied to the WAPC in wri ng, relate to— (i) a type of development; and/or (ii) land within an area, which is of state or regional significance, or in respect of which the WAPC has determined is otherwise in the publicinterest for the WAPC to determine the applica on. 2. Repor ng requirements A local government that exercises the power referred to in clause 1 is to provide WAPC with data on all applica onsdetermined under this Instrument of Delega on at the conclusion of each financial year in the format prescribed by theWAPC. ——————————— -------------------------------------------------------------------------------- Government of Western Australia State Law Publisher. All contents Copyright (C) 2003. All rights reserved. Disclaimer

Condi onsNil

Sec on 16 Planning and Development Act 2005Sec on 25 Strata Titles Act 1995Local Planning SchemeLocal Planning Policies

Statutory Framework




N/A Policy

Amendments

Nil

Adop on and Review


26 May 2009 Resolu on of WAPC 26/05/2009 - published 09/06/2009





Reference DASD03

Subject Noise Control (Serve Environmental Protec on No ces (s65(1)))

Delega on

Department Environment Regula onDelegated by

DelegatesCEO


Published by: Environment GOVERNMENT GAZETTE Western Australia -------------------------------------------------------------------------------- No. 47. 19-Mar-2004 Page: 919 EV401 ENVIRONMENTAL PROTECTION ACT 1986 Sec on 20 Delega on No. 52 Pursuant to sec on 20 of the Environmental Protec on Act 1986, the Chief Execu ve Officer hereby delegates asfollows— Powers and du es delegated— All the powers and du es of the Chief Execu ve Officer, where any noise is being or is likely to be emi ed from anypremises not being premises licensed under the Act, to serve an environmental protec on no ce under sec on 65(1) inrespect of those premises, and where an environmental protec on no ce is so served in such a case, all the powers anddu es of the Chief Execu ve Officer under Part V of the Act in respect of that environmental protec on no ce. Persons to whom delega on made— This delega on is made to any person for the me being holding or ac ng in the office of Chief Execu ve Officer underthe Local Government Act 1995. Pursuant to sec on 59(1)(e) of the Interpreta ons Act 1984, Delega on No. 32, dated 4 February 2000 is herebyrevoked. Dated this 9th day of January 2004. Approved— FERDINAND TROMP, A/Chief Execu ve Officer.

Power or Duty




Dr JUDY EDWARDS MLA, Minister for the Environment. -------------------------------------------------------------------------------- Government of Western Australia State Law Publisher. All contents Copyright (C) 2003. All rights reserved. Disclaimer

Condi onsN/A

Sec on 20 Environmental Protec on Act 1986 Statutory Framework

N/A Policy

Amendments

Nil

Adop on and Review


9 January 2004 Approved by A/Chief Execu ve Officer of Department of Environment Regula on and Minister for the Environment - published 19/03/2004





Reference DASD04

Subject Noise Control (Keeping Of Log Books, Noise Control No ces, Calibra on And Approval Of NonComplying Events)

Delega on


DelegatesCEO


Published by: Environment GOVERNMENT GAZETTE Western Australia -------------------------------------------------------------------------------- No. 232. 20-Dec-2013 Page: 6282 EV402 ENVIRONMENTAL PROTECTION ACT 1986 Delega on No. 112 I, Jason Banks, in my capacity as Ac ng Chief Execu ve Officer of the Department of Environment Regula onresponsible for the administra on of the Environmental Protec on Act 1986 (“the Act”), and pursuant to sec on 20 ofthe Act, hereby delegate to any person for the me being holding or ac ng in the office of a Chief Execu ve Officerunder the Local Government Act 1995, my powers and du es under the Environmental Protec on (Noise) Regula ons1997, other than this power of delega on, in rela on to-- (a) waste collec on and other works--noise management plans rela ng to specified works under regula on 14A or 14B; (b) bellringing or amplified calls to worship--the keeping of a log of bellringing or amplified calls to worship requestedunder regula on 15(3)(c)(vi); (c) community ac vi es--noise control no ces in respect of community noise under regula on 16; (d) motor sport venues--noise management plans in rela on to motor sport venues under Part 2 Division 3; (e) shoo ng venues--noise management plans in rela on to shoo ng venues under Part 2 Division 4; (f) calibra on results--reques ng, under regula on 23(b), details of calibra on results undertaken and obtained underSchedule 4;

Power or Duty




(g) spor ng, cultural and entertainment events--approval of events or venues for spor ng, cultural and entertainmentpurposes under Part 2 Division 7, subject to the following limita on-- (i) Subregula on 18(13)(b) is not delegated. Under sec on 59(1)(e) of the Interpreta on Act 1984, Delega on No. 68, gaze ed 22 June 2007 is hereby revoked. Dated the 12th day of December 2013. JASON BANKS, Ac ng Chief Execu ve Officer. Approved by-- JOHN DAY, Ac ng Minister for Environment; Heritage. -------------------------------------------------------------------------------- Government of Western Australia State Law Publisher. All contents Copyright (C) 2003. All rights reserved. Disclaimer

Condi onsNil

Sec on 20 Environmental Protec on Act 1986Environmental Protec on (Noise) Regula ons 1997

Statutory Framework

N/A Policy

Amendments

Nil

Adop on and Review


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





Reference DASD05

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

Delega on


DelegatesCEO Manager Environmental Health Environmental Health Officers Team Leader Environmental Health

SubdelegatesN/A

Published by: Environment GOVERNMENT GAZETTE Western Australia -------------------------------------------------------------------------------- No. 71. 16-May-2014 Page: 1548 EV405 ENVIRONMENTAL PROTECTION ACT 1986 Delega on No. 119 I, Jason Banks, in my capacity as the Ac ng Chief Execu ve Officer of the Department responsible for the administra onof the Environmental Protec on Act 1986 (“the Act”), and pursuant to sec on 20 of the Act, hereby delegate to theholder for the me being of the offices of-- (a) Chief Execu ve Officer under the Local Government Act 1995; and (b) to any employee of the local government under the Local Government Act 1995 who is appointed as an AuthorisedPerson under sec on 87 of the Act, all my powers and du es in rela on to noise management plans under regula on 13 of the Environmental Protec on(Noise) Regula ons 1997, other than this power of delega on. Under sec on 59(1)(e) of the Interpreta on Act 1984, Delega on No. 111, gaze ed 20 December 2013, is herebyrevoked. Dated the 1st day of May 2014. JASON BANKS, Ac ng Chief Execu ve Officer. -------- Approved by--

Power or Duty




Hon ALBERT JACOBS JP MLA, Minister for Environment: Heritage. ---------------------- Government of Western Australia State Law Publisher. All contents Copyright (C) 2003. All rights reserved. Disclaimer

Condi onsNil

Sec on 20 Environmental Protec on Act 1986Environmental Protec on (Noise) Regula ons 1997

Statutory Framework

N/A Policy

Amendments

Nil

Adop on and Review


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




Reference Delega on Date Amendment References

DAB03 Deposit Material on a Public Place

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


DAB03 Deposit Material on a Public Place

23 June 2015 Delega on amended to include specific details of the authority to exercise discre on when determining applica ons for deposi ng material on any public place. This also included a tle change from Deposit Material on Street(s) to Deposit Material on a Public Place to correctly reflect the intent of the delega on.


DAC01 Withers Advisory Commi ee

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

371/16

DACL03 Appoint Authorised Persons

23 June 2015 Delega on amended to reflect correct references to legisla on.


DACL03 Appoint Authorised Persons

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


DACL04 Closure of Streets for Par es or Events



Amended, Revoked and Archived Delega ons of Authority




DACL05 Bush Fires Act 23 June 2015 Delega on amended to correctly reference the gran ng of authority to perform the func ons of a local government under the Bush Fires Act 1954.


DACL05 Bush Fires Act 13 December 2016 This delega on is amended to apply condi ons as prescribed in the Bush Fires Act 1954.


DACL06 Cancella on of Infringement No ces




13 December 2016 The proclaimed Local Government Legisla on Amendment Bill 2016 legisla on requires the CEO of the local government to withdraw the no ce or extend the me for payment in rela on to infringements. Previously authorised officers were able to provide these func ons, providing for effec ve management of service delivery to the community. This amendment enables the CEO to exercise his powers and du es under the Act.



13 December 2016 This delega on is amended to apply an addi onal condi on as prescribed in the Bush Fires Act 1954, and change the word “authorised” to “delegated” to ensure consistency.


DACL09 Legal Proceedings 23 June 2015 Delega on has been amended to reflect correct references to legisla on.





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


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


DAFM01 Payments from Municipal and Trust Funds

23 June 2015 This delega on is a combina on of two exis ng delega ons (DAFM2 – Payments from Municipal and Trust Funds and DAFM5 – Payment of Accounts by Electronic Funds Transfer).


DAFM02 Release of Bank Guarantees

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


DAFM03 Investment of Council Funds

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


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





DAG01 Power to Accept Tenders

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

2. The CEO is to provide quarterly advice on all tenders accepted over $100,000.



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



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



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


DAG02 Contract Price Varia ons

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


DAG02 Gaming Permits 23 June 2015 Delega on amended by virtue of some minor wording changes and correct referencing of legisla on.





DAG02 Gaming Permits 13 December 2016 The authority to determine applica ons for gaming permits is already delegated by DAH06 – Sec on 55 Cer ficates. A separate delega on is not required in this instance.


DAG02 Contract Price Varia ons

13 December 2016 This delega on is amended to clearly iden fy a delegated officer’s financial capacity to approve a varia on to approved contracts.


DAG04 Tender Varia ons 23 June 2015 Delega on is amended by virtue of some minor wording changes to clarify that the authority is for varia ons to tender specifica ons which will alter the price of tender, once the tender adver sing period has closed.


DAG05 City of Bunbury Art Collec on – Purchase and Disposal of Artworks

18 March 2014 Amend to remove the reference to the Art Collec on Management Commi ee.


DAG07 Power of Entry 13 December 2016 In accordance with the Local Government Act 1995, power of entry may be provided to authorised employees to perform any func on that a local government has under the Act if entry is required for the performance of the func on or in any other case in which entry is authorised by the Act other than by a local law.

As the CEO has the delegated authority to appoint authorised officers, a delega on is not required in this instance.


DAH01 Discharge of Powers – Sec on 26 of the Health Act 1911






DAH05 Sec on 39 and Sec on 40 Cer ficates



DAH05 Sec on 39 and Sec on 40 Cer ficates

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


DAH06 Sec on 55 Cer ficates 23 June 2015 Delega on amended by virtue of some minor wording changes and correct referencing of legisla on.


DAH06 Sec on 55 Cer ficates 8 December 2015 This delega on is amended to reflect the correct tle of the Department of Racing Gaming and Liquor. The words “any wri en laws rela ng to planning, including the Local Planning Scheme” have been included in the explana on note.


DAH07 Discharge of Powers (Food Act 2008)

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


DAH07 Discharge of Powers (Food Act 2008)

13 December 2016 This delega on is amended to clearly iden fy the func ons being delegated and to whom. Sec on 118(4) of the Food Act 2008 states sub delega on is only permissible if expressly provided in regula ons and the Food Regula ons 2009 do not provide for sub-delega on. This delega on provides the CEO with the authority to appoint authorised and designated officers in accordance with the Food Act 2008.





DAO01 Thoroughfare Submissions

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


DAO03 Sale of Subdivisional Land

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


DAO04 Condi ons of Property Leases

23 June 2015 This delega on is amended to reflect correct references to legisla on.


DAO05 Closure of Private Right of Way

23 June 2015 Delega on is amended to reflect correct references to legisla on.


DAO06 Authority to Serve No ces to Owners or Occupiers of Land

23 June 2015 Exis ng delega ons DAO2 – Appor on Responsibility of Costs From Works in the Street and DACL13 – Issuing of No ces to Owner/Occupiers have been amalgamated into DAO8 – Authority to Serve No ces to Owners or Occupiers of Land.


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

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


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

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


DAO08 Determine Applica ons and Apply Condi ons to Ma ers Rela ng to Road Reserves






DAO08 Works Undertaken in Streets

13 December 2016 This delega on provides the same func on as Delega on “DAO09 – Determine applica ons and apply condi ons to ma ers rela ng to road reserves”. Works and Services Officers have reviewed the delega on and advise it is a duplica on and not required.


DASP01 No fica on on Land Title

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



8 December 2015 This delega on is amended to include reference to the Local Planning Scheme, as per the Planning and Development (Local Planning Schemes) Regula ons 2015.



13 December 2016 This delega on was originally tled “Flood Prone Land” but

on review by officers, and pursuant to the provisions of the Schedule 2 Planning and Development Regula ons 2015, it has been reworded to clearly iden fy the func on of the local government when determining applica ons for planning approval, to no fy proprietors and prospec ve proprietors of land under sec on 70A Transfer of Land Act 1893, of all factors affec ng the use or enjoyment of the land, and not just flood prone land.


DASP03 Development Applica ons

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



23 June 2015 Delega on is amended to correct scheme text referencing.






8 December 2015 This delega on has been reworded to accurately reflect the inten on of the power and duty, and also includes updated legisla on reference as per the Planning and Development (Local Planning Schemes) Regula ons 2015.


DASP04 Local Planning Scheme and Local Planning Policy Compliance

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


DASP04 Local Planning Scheme and Local Planning Policy Compliance

8 December 2015 This delega on was originally tled Town Planning Scheme

No. 7 and Local Planning Policy Compliance. The delega on tle and power and duty are amended to reflect the correct legisla on reference as per the Planning and Development (Local Planning Schemes) Regula ons 2015, the Local Government Act 1995 and the Planning and Development Act 2005.


DASP05 Residen al Design Codes

8 July 2014 Amend the wording within Power/Duty to reference current legisla on, namely Residen al Design Codes 2010.



23 June 2015 This exis ng delega on (Residen al Setback Varia ons) is combined with DASP7 – Residen al Design Codes 2010, to include determina on of applica ons rela ng to single houses, mul ple dwellings, ancillary dwellings and group dwellings which may include determina on of setback varia ons, pursuant to Town Planning Scheme No. 7, Residen al Design Codes 2010 and relevant Local Planning Policies.






8 December 2015 This delega on is amended to reflect the correct legisla on reference as per the Planning and Development (Local Planning Schemes) Regula ons 2015.


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


DASP07 Planning and Development Act 2005 - Enforcement and Legal Proceedings

23 June 2015 Delega on is amended to reflect correct referencing of legisla on.


DASP07 Planning and Development Act 2005 - Enforcement and Legal Proceedings

8 December 2015 The original delega on is a duplica on of DASP03 Local Planning Scheme and Local Planning Policy Compliance and the proposed delega on provides authorisa on to issue infringements where there is reason to believe that a person has commi ed a prescribed offence in accordance with sec ons 214, 218, 220 and 221 of the Planning and Development Act 2005. The power and duty also includes authorised officers the authority to extend the me to pay the penalty and withdraw the infringement no ce.


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

13 December 2016 A new sec on has been added to the register tled Statutory Delega ons to Local Government from External Agencies. This delega on will be removed and reintroduced as DASD01 - Western Australian Planning Commission - Clause 27 Greater Bunbury Region Scheme - Development Approvals.





DASP08 Built Strata Applica ons 8 December 2015 This delega on is amended to include the words “and in accordance with wri en laws rela ng to planning”.


DASP08 Built Strata Applica ons 13 December 2016 A new sec on has been added to the register tled Statutory Delega ons to Local Government from External Agencies. This delega on will be removed and reintroduced as DASD02 - Western Australian Planning Commission – Sec on 25 Of Strata Titles Act 1995.


R15DAB01 Fees for Copying Building Plan(s)

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


R15DAFM01 Commercial Waste Fee Structure

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


R15DAG01 Power to determine if inspec on of informa on would divert substan al or unreasonable resources of the organisa on

23 June 2015 Delega on repealed - Sec on 5.95(1)(b) of the Local Government Act 1995 specifically provides the capacity for the CEO to limit a person’s right to inspect informa on referred to in sec on 5.94 if, in their opinion, it would divert a substan al and unreasonable por on of the local government’s resources away from its other func ons.





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

23 June 2015 Delega on repealed - interpre ng the Marlston Hill (Stage 3) Design Guidelines requires officers to exercise professional judgement, not make discre onary decisions. Developments in rela on to Marlston Hill are presented to Council for considera on.


R15DAB02 Awning Licence 23 June 2015 Delega on repealed - the authority to determine applica ons for an awning licence is provided in DAB1 – Building Act 2011. A separate delega on is not required in this instance.


R15DAO02 Appor on Responsibility of Costs from Works in the Street

23 June 2015 Delega on repealed - this delega on has been amalgamated into DAO8 – Authority to Serve No ces to Owners or Occupiers of Land (previously tled Works in Streets).


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


R15DACL03 Vehicle Parking on Reserves

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





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


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

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


R15DAH05 Street Trading / Outdoor Ea ng Areas

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


R15DASP05 Approval of Project Plans

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





R15DAB06 Demoli on Permits 23 June 2015 Delega on repealed - the authority to approve or refuse plans and specifica ons for a demoli on permit is provided in DAB1 – Building Act 2011. A separate delega on is not required in this instance.


R15DACL06 Illegally Parked/Abandoned Vehicles

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


R15DAO06 Street Name Register 23 June 2015 Delega on repealed - applica ons for street names are assessed in accordance with Council’s Policy and guidelines and referred to Council for considera on, with the final decision made by the Geographic Names Commi ee (Landgate). A delega on is not required in this instance.


R15DASP06 Family Care Facili es 23 June 2015 Delega on repealed - Family Care Facili es are required to comply with Town Planning Scheme No.7 and Local Planning Policies. Delegated authority is provided in DASP3 – Development Applica ons and DASP4 – Town Planning Scheme No 7 and Local Planning Policy Compliance. A separate delega on is not required in this instance.


R15DAB07 Grant of Occupancy Permits and Building Approval Cer ficates

23 June 2015 Delega on repealed - the authority to issue grant of occupancy permits and building approval cer ficates is provided in DAB1 – Building Act 2011. A separate delega on is not required in this instance.





R15DAG07 Extended Trading Hours 23 June 2015 Delega on repealed - The City of Bunbury now has deregulated trading hours.


R15DASP07 Residen al Design Codes 2010

8 July 2014 Amend to include ‘mul ple dwellings’ and ‘ancillary dwellings’ and also update the reference within Power/Duty to reflect current legisla on.


R15DASP07 Residen al Design Codes 2010

23 June 2015 Delega on repealed - combined with DASP14 – Residen al Setback Varia ons. The combined delega on, Residen al Setback Varia on, provides authority to the CEO to determine applica ons pursuant to the same provisions, but with the addi on of determining applica ons which may include setback varia ons.


R15DAB08 Swimming Pool Enclosure

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


R15DACL08 Ins tute Legal Proceedings

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


R15DAG08 Employment/Management/Supervision of Staff

23 June 2015 Delega on repealed - Sec on 5.41(g) of the Local Government Act 1996 provides the capacity for the CEO to be responsible for the employment, management supervision, direc on and dismissal of other employees (subject to sec on 5.37(2) in rela on to senior employees).





R15DAH08 Use of Reserve Lands for Mobile Needle and Syringe Exchange Ac vi es

23 June 2015 Delega on repealed - all applica ons to use reserve land vested in the control of Council for mobile needle and syringe exchange ac vi es will be presented to Council for considera on, therefore delegated authority is not required.


R15DASP08 Home Occupa ons 23 June 2015 Delega on repealed - home occupa ons are required to comply with Town Planning Scheme No.7 and Local Planning Policies. Delegated authority is provided in DASP3 – Development Applica ons and DASP4 – Town Planning Scheme No.7 and Local Planning Policy Compliance. A separate delega on is not required in this instance.


R15DAB09 Extensions of Periods of Dura on

23 June 2015 Delega on repealed - the authority to grant extensions of periods of dura on for occupancy permits and building approval cer ficates is provided in DAB1 – Building Act 2011. A separate delega on is not required in this instance.


R15DACL09 Residen al and Visitor Parking

23 June 2015 Delega on repealed - the authority to determine applica ons and renewals for residen al and visitor parking permits is provided in DACL1 – Administer the City’s Local Laws. A separate delega on is not required in this instance.


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





R15DAH09 Environmental Health Emergency Management Support Plan

23 June 2015 Delega on repealed - minor changes including the amendment to names, tles and web links to the Bunbury Environmental Health Emergency Management Support Plan may be required for administra ve purposes, which is not a decision-making func on.


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


R15DASP09 Town Planning Condi ons and Bank Guarantees

23 June 2015 Delega on repealed - the authority to impose specific town planning condi ons is covered under delega ons DASP3 – Development Applica ons and DASP4 – Town Planning Scheme No.7 and Local Planning Policy Compliance. The authority to receive a bank guarantee on behalf of the applicant in cases where developers are required to fulfil such planning condi ons is not exercising discre on, simply carrying out a func on. A delega on of authority is not required in this instance.


R15DAO10 Purchase and Disposal of Minor Plant and Light Vehicles

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





R15DASP10 Bed and Breakfast Establishments

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


R15DAB11 Building Orders 23 June 2015 Delega on repealed - the authority to make building orders in rela on to building or demoli on work is provided in DAB1 – Building Act 2011. A separate delega on is not required in this instance.


R15DACL11 Signing of Prosecu ons 23 June 2015 Delega on repealed - this delega on has been amalgamated into DACL15 – Legal Proceedings, and is therefore not required.


R15DAO11 Determine Roadworks Submissions

23 June 2015 Delega on repealed - the func on of determining road works submissions may be authorised by the CEO in an “ac ng through” capacity, and does not require a delega on.


R15DASP11 Non-Conforming Use of Land

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





R15DAB12 Revoca on of Building Orders

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


R15DAO12 Dangerous Trees on Private Property

23 June 2015 Delega on repealed - The authority to form an opinion that trees on private property cons tute a danger to persons or property on adjoining land is provided in DAO8 – Authority to Serve No ces to Owners or Occupiers of Land (previously tled Works in Streets). A separate delega on is not required in this instance.


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


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





R15DACL13 Issuing of No ces to Owner/Occupiers

23 June 2015 Delega on repealed - the authority to issue no ces requiring certain things to be done by an owner/occupier of land is provided in DAO8 – Authority to Serve No ces to Owners or Occupiers of Land (previously tled as Works in Streets). A separate delega on is not required in this instance.


R15DAO13 Placing Barriers Across Streets

23 June 2015 Delega on repealed - the func on of determining road closures may be authorised by the CEO in an “ac ng through” capacity, and does not require an individual delega on.


R15DASP13 Crea on, Subdivision or Amalgama on of Lots

23 June 2015 Delega on repealed - the func on to make recommenda ons to the Department of Planning and Infrastructure or the Western Australian Planning Commission is one in which planning officers exercise professional judgement, not make a decision. A delega on is not required in this instance.


R15DACL14 Keeping of more than two dogs

23 June 2015 Delega on repealed - the authority to approve applica ons to keep more than two dogs for a temporary period is provided in DACL1 – Administer City Local Laws and DACL2 – Rangers Authorisa on. A separate delega on is not required in this instance.





R15DASP15 Development Proposals Affec ng Council Property

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


R15DAO17 Ves ng of Public Reserves

23 June 2015 Delega on repealed - the ves ng of a public reserve created within the City of Bunbury is referred to Council for considera on, and does not require an individual delega on.


R15DAO18 Approval and Assignment of Property Leases and Licences

23 June 2015 Delega on repealed - the delega on refers to sec ons 3.53 and 3.54 of the Local Government Act 1995. The Department of Local Government guideline on this ma er indicates only sec on 3.53(3) requires delegated authority. Should this situa on occur, the informa on would be presented to Council for their considera on and not authorised under delega on, therefore this delega on is not required.


R15DASP18 Strata Title Form No 7 23 June 2015 Delega on repealed - the func on to endorse strata

tles in accordance with the Building Act 2011 is covered under delegated authority DAB1 – Building Act 2011. A separate delega on is not required in this instance.


