MISSION AND VALUES OF COUNCIL
"A Sustainable Community that is inclusive, attractive, healthy and pleasant to live in, that uses our land so as to preserve our history and environment, respects the rights and equality of our citizens and manages our future growth wisely."
AGENDA
FOR THE
Ordinary Meeting of Council
18 December 2014
OUR VISION
"A thriving and friendly community that recognises our history and embraces cultural diversity and economic opportunity, whilst nurturing our unique natural and built environment."
OUR MISSION
“To deliver affordable and quality Local Government services.”
CORE VALUES OF THE SHIRE
The core values that underpin the achievement of the
mission will be based on a strong customer service
focus and a positive attitude:
Communication
Integrity
Respect
Innovation
Transparency
Courtesy
DISCLAIMER
The purpose of Council Meetings is to discuss, and where possible, make resolutions about items appearing on the agenda. Whilst Council has the power to resolve such items and may in fact, appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by a Member or Officer, or on the content of any discussion occurring, during the course of the meeting.
Persons should be aware that the provisions of the Local Government Act 1995 (Section 5.25 (e)) establish procedures for revocation or rescission of a Council decision. No person should rely on the decisions made by Council until formal advice of the Council decision is received by that person. The Shire of Broome expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by a Member or Officer, or the content of any discussion occurring, during the course of the Council meeting.
Agenda – Ordinary Meeting of Council 18 December 2014 Page 4 of 8
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Councillor |
Cr G Campbell |
Cr J Bloom |
Cr H Tracey |
Cr D Male |
Cr M Manado |
Cr C Mitchell |
Cr A Poelina |
Cr M Lewis |
Cr P Matsumoto |
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2013 |
21 November |
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LOA |
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19 December |
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2014 |
27 February |
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LOA |
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27 March – No quorum |
A |
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LOA |
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LOA |
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LOA |
NA |
NA |
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31 March |
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LOA |
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24 April |
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A |
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22 May |
LOA |
LOA |
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LOA |
LOA |
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26 June |
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LOA |
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24 July |
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LOA |
A |
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28 August |
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LOA |
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25 September |
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A |
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A |
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23 October |
Resigned 16/10/14 |
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LOA |
A |
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27 November |
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18 December |
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2015 |
26 February |
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26 March |
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30 April |
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28 May |
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25 June |
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30 July |
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27 August |
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24 September |
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15 October |
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· LOA (Leave of Absence) |
· NA (Non Attendance) |
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· A (Apologies) |
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2.25. Disqualification for failure to attend meetings
(1) A council may, by resolution, grant leave of absence, to a member.
(2) Leave is not to be granted to a member in respect of more than 6 consecutive ordinary meetings of the council without the approval of the Minister, unless all of the meetings are within a period of 3 months.
(3A) Leave is not to be granted in respect of —
(a) a meeting that has concluded; or
(b) the part of a meeting before the granting of leave.
(3) The granting of the leave, or refusal to grant the leave and reasons for that refusal, is to be recorded in the minutes of the meeting.
(4) A member who is absent, without obtaining leave of the council, throughout 3 consecutive ordinary meetings of the council is disqualified from continuing his or her membership of the council, unless all of the meetings are within a 2 month period.
(5A) If a council holds 3 or more ordinary meetings within a 2 month period, and a member is absent without leave throughout each of those meetings, the member is disqualified if he or she is absent without leave throughout the ordinary meeting of the council immediately following the end of that period.
(5) The non‑attendance of a member at the time and place appointed for an ordinary meeting of the council does not constitute absence from an ordinary meeting of the council —
(a) if no meeting of the council at which a quorum is present is actually held on that day; or
(b) if the non‑attendance occurs —
(i) while the member has ceased to act as a member after written notice has been given to the member under section 2.27(3) and before written notice has been given to the member under section 2.27(5); or
(ii) while proceedings in connection with the disqualification of the member have been commenced and are pending; or
(iiia) while the member is suspended under section 5.117(1)(a)(iv); or
(iii) while the election of the member is disputed and proceedings relating to the disputed election have been commenced and are pending.
(6) A member who before the commencement of the Local Government Amendment Act 2009 section 5 1 was granted leave during an ordinary meeting of the council from which the member was absent is to be taken to have first obtained leave for the remainder of that meeting.
[Section 2.25 amended by No. 49 of 2004 s. 19(1); No. 17 of 2009 s. 5.]
Agenda – Ordinary Meeting of Council 18 December 2014 Page 6 of 8
SHIRE OF BROOME
Ordinary Meeting of Council
Thursday 18 December 2014
INDEX – Agenda
3. Declarations of Financial Interest / Impartiality
6. Announcements by President Without Discussion
8. Matters for Which the Meeting May Be Closed
9.1.1 AUSTRALIA DAY CELEBRATIONS 2015
9.2.1 PROPOSED AMENDMENT TO DJARINDJIN LAYOUT PLAN NO.3
9.2.2 PETITION REQUESTING SHARED PATHWAY INSTALLATION ON PEMBROKE ROAD AND DICKSON DRIVE
9.3.2 Lorikeet Drive Extension
9.4.1 PAYMENTS - NOVEMBER 2014
9.4.2 REVIEW OF DELEGATIONS OF AUTHORITY
10.1 ACCESS AND INCLUSION ADVISORY COMMITTEE - MINUTES 25 NOVEMBER 2014
10.2 ARTS, CULTURE AND HERITAGE COMMITTEE - MINUTES 27 NOVEMBER 2014
12. Business of an Urgent Nature
13. Questions by Members Of Which Due Notice Has Been Given
14. Matters Behind Closed Doors
Agenda – Ordinary Meeting of Council 18 December 2014 Page 8 of 9
NOTICE OF MEETING
Dear Council Member,
The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 18 December 2014 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5.00pm.
Regards
K R DONOHOE
Chief Executive Officer
5/12/2014
Agenda – Ordinary Meeting of Council 18 December 2014 Page 9 of 10
Attendance:
Leave of Absence:
Apologies:
Officers:
Public Gallery:
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FINANCIAL INTEREST |
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Nature of Interest |
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IMPARTIALITY |
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Councillor |
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Nature of Interest |
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The following questions were submitted prior to the Ordinary Meeting of Council 27 November 2014 by Sean Salmon.
Question 3: Other Shires in WA, such as Karratha and Busselton, when considering Airport Development Plans and their consequences, utilise current ANEF Australian Noise Exposure Forecasts (ANEF), Australian Noise Exposure Index, N70 contours (number of events of 70 decibels) or greater, N60 contours, independent noise assessments and referrals to the EPA for noise assessment. Considering the relocation of the Broome airport and airport noise has been a long standing issue for the Broome community, why has the Broome Shire not collected and utilized such information or referrals with regards to the Broome airport and can they do so for future planning?
Answer provided by Director Development Services
This question will be taken on notice
Officers have been investigating a response to this matter and once completed the answer will be presented in the February 2015 Agenda.
The following questions were submitted prior to the Ordinary Meeting of Council 27 November 2014 by Louise Middleton.
Question 3 On the 23 January 2014, the KJDAP/4 met in the Shire of Broome Council Chambers to hear Mi Australia development application for a Drilling Fluids Facility and bulk chemical storage and toxic wastes on the foreshore of Roebuck Bay, at the Broome Port.
Condition 5 of that approval required a legal agreement between Mi Australia, the Shire of Broome and the Broome Port Authority that detailed appropriate penalties in the event that the storm water drainage system fails.
When was that legal agreement signed and what are the details of the appropriate penalties?
Condition 11 was that prior to occupation of the development MI Australia was to make a $125,00 contribution to the Shire of Broome in accordance with the Local Planning Policy 8.20 – Provisions of Public Art.
When did the Shire of Broome receive this payment and how is the Shire planning to utilise these funds for Public Art?
Answer provided by Director Development Services
This question will be taken on notice
Officers have been investigating a response to these questions and once completed the answers will be presented in the February 2015 Agenda.
The folling questions were submitted at the Ordinary Meeting of Council 27 November 2014 by Anne Poelina.
As a clarification as a citizen of Broome and a ratepayer of Broome. I would like to know whether all attachments can be minuted and recorded?
For the purpose of the minutes, in accordance with Regulation 11 of the Local Government (Administration) Regulations 1996 a summary of each question raised by members of the public at the meeting will be recorded.
Question 1: In relation to the public, the constituents of the Shire of Broome. Why are they here tonight as constituents of our Shire? Are they coming because they believe the Shire of Broome is their democratic process for advocating to promote well being and the well being of your family and community, where ever your community may be in the Shire of Broome?
In accordance with Regulation 7(1)(a) of the Local Government (Admin) Regulations 1996, the Presiding member advised that questions should be directed to the Council.
Question 2: The following questions are directed to the Premier, Colin Barnett, the Honourable Minister for State Development.
Why do you still want to pursue Walmadany James Price Point as an Industrial Precinct?
Why is the Premier creating new planning reform policy and legislation to excise the land from the Broome Shire Council and further more who will be responsible for the regulation of any environmental impacts relating to human health and the environment, particularly to water, air movement and air pollution proposed by any developers to this Industrial development?
Who will be legally liable for any cultural and or environmental impacts to the Walmadany, James Price Point Precinct?
Could the investment being directed to the “New EPA Assessment Team to reassess the State Strategic Assessment for Walmadany James Price Point be better directed to some innovation, science and better practice in keeping Aboriginal people and their families in their communities on country within the Shire of Broome?
Officers have been investigating a response to these questions and once completed the answers will be presented in the February 2015 Agenda.
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That the Minutes of the Ordinary Meeting of Council held on 27 November 2014 be confirmed as a true and accurate record of that meeting. |
The Chief Executive Officer advises that there are matters for discussion on the agenda for which the meeting may be closed, in accordance with section 5.23(2) of the Local Government Act 1995.
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That the following Agenda items be considered under 14. Matters Behind Closed Doors, in accordance with section 5.23(2) of the Local Government Act 1995, as specified: 9.1.2 NORTH WEST EXPO UPDATED REQUEST - VENUE LICENCE, SPONSORSHIP AGREEMENT AND BANK OVERDRAFT GUARANTEE Item 9.1.2 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”, and section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.
9.3.1 RATES REVIEW 2014/15 This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(b) as it contains “the personal affairs of any person”. 9.3.2 This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”. |
9.1
PRIORITY STATEMENT
Embracing our cultural diversity and the relationship between our unique heritage and people, we aim to work in partnership with the community to provide relevant, quality services and infrastructure that meet the needs and aspirations of our community and those visiting and doing business in our region.
Supporting and contributing to the well-being and safety of our community is paramount, as is our focus on community engagement and participation.
Council aims to build safe, strong and resilient communities with access to services, infrastructure and opportunities that will result in an increase in active civic participation, a reduction in anti-social behaviour and improved social cohesion.
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9.1.1 AUSTRALIA DAY CELEBRATIONS 2015 LOCATION/ADDRESS: Town Beach Reserve, Pioneer Park APPLICANT: Nil FILE: REE21 AUTHOR: Manager Community Development CONTRIBUTOR/S: Events Coordinator RESPONSIBLE OFFICER: Deputy Chief Executive Officer DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 2 December 2014 |
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SUMMARY: This report seeks Council’s direction regarding Australia Day celebrations in 2015 in light of Buru Energy declining to sponsor the event and further sponsorship not forthcoming. Officers are recommending that the Shire stages the Australia Day Fireworks and Family Celebration with the shortfall sourced from organisational savings during the second quarter FACR process. |
BACKGROUND
Previous Considerations
OMC 18 December 2012 Item 12.3
In December 2012, after receiving word that the Mangrove Hotel intended not to host its annual Australia Day fireworks event, Council resolved to:
1. Stage an afternoon/evening event on Australia Day that includes;
(a) a family concert at Pioneer Park, Town Beach Reserve and Foreshore
(b) a fireworks display
2. Include $30,000 as the Shire’s contribution to the event in the second quarter budget review.
3. Enter a sponsorship agreement with Buru Energy for the value of $20,000 to fund the fireworks display associated with the event.
A highly successful event was staged on 26 January 2013 that attracted approximately 3,000 people and included a smoke and alcohol-free family concert featuring local and visiting artists and local community stallholders, culminating in a 20 minute fireworks display over Roebuck Bay.
A similar event was planned and budgeted for 2014 with the added involvement of local businesses where hospitality providers were encouraged to plan and promote Australia Day activities at their venues, providing additional activation along the Roebuck Bay foreshore area. Inclement weather forced the cancellation of the Family Concert at Town Beach and Pioneer Park in 2014. However the fireworks display went ahead as planned with fireworks fired from the Old Jetty Groyne at Town Beach.
Buru Energy was the principal sponsor of the fireworks display in both 2013 and 2014 and Officers were in discussion with representatives from Buru regarding sponsorship of the 2015 event and the possibility of a multi-year sponsorship agreement to support future events. However, Buru has recently informed Officers that it is unable to provide support for the 2015 event due to the current economic climate.
Officers have subsequently approached a number of potential sponsors including The Prendiville Group, Kimberley Accommodation, Landcorp, Shell and the Commonwealth Bank. Given the timeline for the event and current economic constraints, all have declined.
The report seeks Council’s direction with regard to the proposed 2015 Australia Day Family Concert and Fireworks event.
COMMENT
Officers had approached The Mangrove Hotel regarding the possibility of sponsoring this year’s event prior to Buru Energy’s decision with a view to providing a second firing point for the fireworks from a barge in front of The Mangrove and Moonlight Bay Apartments. However with The Mangrove’s owners regretfully declined the invitation. Therefore, should Council agree, fireworks will again be fired from the Old Jetty groyne.
It is proposed that community stallholders are invited to again set up at Pioneer Park but in view of more stringent budget management, it is proposed that rather than the expense of a fully lit stage with performances by visiting artists, expressions of interest are sought from local buskers and roving entertainers to move through the crowds to create a festive atmosphere.
Spirit FM Radio has been approached to broadcast live from the event with amplification proposed to be provided at Pioneer Park.
Risk
In light of the forced cancellation of last year’s concert and loss of sponsorship for this year’s event, Officers have undertaken a risk assessment of the proposed event for 2015.
Weather
According to the WA Bureau of Meteorology, January has the highest number of days with rain of any month of the year averaging a 40% chance of rain. Last year’s event was almost cancelled due to excessive rainfall leading up to the event and on the event day itself; impacting on the comfort and number of spectators attending the event. In addition, inclement weather resulted in risks to operators at the site including structures blowing over and electrical leads being inundated with water. Inclement weather mitigation strategies will have budget implications and/or mean cancellation of the event. Officers seeking quotes for independent ‘rain’ insurance cover for this event.
Health
The planned use of a barge for firing was abandoned immediately prior to the 2014 event due to tidal issues exacerbated by weather conditions. A secondary location of the Old Jetty was then identified and utilised. Although technically the Old Jetty is a preferred site as it does not have the associated higher risk of firing from a barge, the minimum exclusion zone between firing and spectators is 250m with ‘0’ wind. Variable wind speeds at this time of year may require the exclusion zone to be up to 400m – directly encroaching and reducing spectator seating areas at Town Beach.
Environment
The excessive rain in the days leading up to and on the day of the event in 2014 meant that the heavy vehicle traffic, trailers and foot traffic affected the reserve and restitution was required post event due to damage to the reserve area.
Financial
The cost of the highly successful 2013 event was $56,911 which included capital works to the value of $8,776 to adapt the barge provided by Paspaley Pearls to allow firing of the fireworks from the barge. The event cost was offset by $20,000 sponsorship from Buru Energy.
In 2014, the event cost was $50,348 which included time and equipment to repair damages to the reserve and hire of the staging, marquees, promotion and the cost of the fireworks. The total was again offset by sponsorship if $20,000 from Buru Energy.
In 2015, Officers budgeted for $25,000 in sponsorship and $25,000 contribution from the Shire. Given the lack of sponsorship forthcoming, Officers seek Council’s consideration of increasing the Shire’s contribution to fund the fireworks display. Following a Request for Quote, one quotation for the delivery of a 20 minute fireworks display was received for the amount of $20,000.
Options
Officers suggest the following options for Council’s consideration;
Option 1
Given the loss of sponsorship, the associated cost to the Shire and the risk of inclement weather, decline to hold the Australia Day Fireworks and Family celebration in 2015. This means that any dedicated Australia Day activities will be reliant upon individual businesses to organise. While this option would entirely mitigate the financial risk to the Shire, given the positive feedback from the 2013 event, it could be argued that this is a valued community celebration that should be supported by the Shire.
Option 2
In light of Buru’s withdrawal and no further sponsorship forthcoming, choose not to present a fireworks display as part of the Shire’s Australia Day celebrations. This option provides a family-friendly community event without the expense of a fireworks display however, the effect on the community response to the event is arguable. In addition, the event could still be cancelled in the instance of inclement weather. Officers do not favour this option.
Option 3
Council could choose to contribute an extra $20,000 and proceed with plans to stage an Australia Day Fireworks and Family celebration at Town Beach and Pioneer Park in 2015. Officers propose that this option be considered as a once-off approval and that future events are dependent upon sponsorship and/or community contributions.
Officer Recommendation
Officers are recommending Option 3 with the extra funds sourced during the second quarter FACR process through organisational savings. Officers propose that negotiations are commenced as soon as possible with potential sponsors for multi-year support of the fireworks component of the Shire’s Australia Day celebrations.
Officers are also seeking Council’s approval to delegate authority to the Chief Executive Officer to approve the event permit subject to all regulatory requirements being met.
CONSULTATION
The Mangrove Hotel
Matso’s Broome Brewery
Buru Energy
Commbank
Landcorp
Shell
STATUTORY ENVIRONMENT
Nil
POLICY IMPLICATIONS
5.1.11 Events
FINANCIAL IMPLICATIONS
The table below outlines the costs for 2013 and 2014 events and the proposed budget for the 2015 event.
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Expense |
2013 Actual |
2014 Actual |
2015 Budget |
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Artist Performance Fees |
$5,996 |
$1,879 |
$3,500 |
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Artist Travel & Accommodation |
$1,754 |
$1,009 |
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Engineering Operations |
$6,468 |
$14,210 |
$11,000 |
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Fireworks |
$20,000 |
$19,955 |
$20,000 |
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Freight |
$801 |
$650 |
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Entertainment |
$8,006 |
$11,061 |
$6,500 |
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Licences/Permits/Venue |
$625 |
$625 |
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Miscellaneous |
$9,071 |
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Promotional Material |
$3,762 |
$2,234 |
$2,725 |
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Security |
$428 |
$0 |
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Total Cost |
$ 56,911 |
$ 50,348 |
$ 45,000 |
Council could consider using a portion of the funds raised from the Tourism Rate Differential to support the increased Shire contribution. However, while it is anticipated that this event will attract visitors from outside Broome, Officers suggest that funds are sourced during the second quarter Financial and Costing Review process through organisational savings.
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Affordable services and initiatives to satisfy community need
Accessible and safe community spaces
Participation in recreational activity
A healthy and safe environment
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
An organisational culture that strives for service excellence
Responsible resource allocation
Effective community engagement
VOTING REQUIREMENTS
Simple Majority
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That Council: 1. Notes the withdrawal of a key sponsor for the Australia Day Fireworks and Family Concert and Officers’ efforts to seek further sponsorship; 2. Requests the Chief Executive Officer to: a) stage an Australia Day Fireworks and Family Celebration at Town Beach and Pioneer Park; b) source the increased Shire contribution of $20,000 to fund the fire works during the second quarter FACR process; and c) Begin negotiations with potential sponsors as soon as possible regarding future events; and 3. Delegates authority to the Chief Executive Officer to approve the Australia Day Fireworks and Family Celebration to be held at the Town Beach Reserve and Pioneer Park on Monday 26 January 2014 from 16:00 to 21:30 subject to all regulatory and policy requirements being met.
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Agenda – Ordinary Meeting of Council 18 December 2014 Page 19 of 20
This item and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”, and section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.
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LOCATION/ADDRESS: Broome Recreation and Aquatic Centre Reserve 42502 APPLICANT: North West Expo Inc FILE: LSS078, REE11, LEG285 AUTHOR: Manager Community Development CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Deputy Chief Executive Officer DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 3 December 2014 |
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SUMMARY: Following Council’s consideration of this matter at the OMC 27 November 2014, North West Expo Inc has provided further information as requested and is now seeking approval to amend the dates of North West Expo for 2015 and future events, continued support for in kind activities and a Shire guarantee of a bank overdraft facility to the value of $100,000. This report seeks Council’s consideration of these requests in light of the additional information provided. Officers are recommending approval of the change of dates but are proposing that the Shire decline to provide any overdraft guarantee but provide in-kind support only for the 2015 event. Officers are further recommending any future support for 2017 event onwards is considered after the 2015 event together with the provision of audited financial statements. |
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Attachment 1 - NW Expo Janyba Strategic Plan 2014 (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”, and section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”. |
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Attachment 2 - NW Expo Budgets and cashflows.pdf (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”, and section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”. |
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Attachment 3 NW Expo Projects (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”, and section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”. |
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Attachment 4 - NW Expo - Janyba Funding Model.pdf (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”, and section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”. |
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Attachment 5 NW Expo - Financials (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”, and section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”. |
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Attachment 6 NW Expo - Sponsor support.pdf (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”, and section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”. |
9.2
PRIORITY STATEMENT
The Shire of Broome has an abundance of unique natural features, coastal attractions, significant streetscapes, historic precincts and a mix of old and new urban developments.
Our aim is for all communities and settled areas, including the Broom Township, to be a place where the natural environment, on which life depends, is maintained, whilst at the same time the built environment contributes to the economy and a quality lifestyle for all.
Preserving the Shire’s natural environment is a critical community outcome. Council will put into place strategies that nurture and improve the Shire’s unique environment and biodiversity.
The Shire will work in partnership with the community and other agencies to ensure responsible and accountable management of both the natural and build environments is achieved in the short term and for future generations.
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9.2.1 PROPOSED AMENDMENT TO DJARINDJIN LAYOUT PLAN NO.3 LOCATION/ADDRESS: Nil APPLICANT: Nil FILE: ABL02.1 AUTHOR: Planning Officer CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Manager Planning Services DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 25 November 2014 |
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SUMMARY: The Department of Planning (DoP) has prepared amendments to the Djarindjin Layout Plan No.3 maps (refer Attachments 1 and 2) and requests the Shire of Broome endorse the amended Layout Plan maps as detailed in Attachments 3 & 4. The proposed amendments to the Layout Plan maps are presented to Council for consideration. This report recommends that Council notes the proposed amendments and expresses concern that: 1) the Layout Plan as proposed does not achieve adequate separation between Water Source Protection Areas and incompatible land-uses; and 2) does not provide consideration for how the intensification of the airport use may impact upon the amenity of residents and the locality. |
BACKGROUND
Previous Considerations
Planning Approval 2014/96 was granted under delegated authority to Djarindjin Aboriginal Corporation (DAC) on 7 August 2014 for ‘Extension of Aircraft Apron Areas and Relocation of Buildings’ at SL-lot 547, Djarindjin Junction. In considering the proposed upgrades to the Djarindjin-Lombadina airport site, a number of considerations pertinent to the currently proposed amendments were raised including the need to re-locate the currently designated ‘future drinking bore’ and associated drinking water source protection area to achieve adequate separation from incompatible land-use. A report prepared by consultant hydrologists Global Groundwater, submitted in support of the application approved 7 August 2014, supported the relocation of the bore, (as part of any future amendment to the Layout Plan), approximately 200 meters to the south. Written advice received from the Department of Water 8 August 2014 supporting the relocation of the ‘designated future bore’ to ensure that the airport and other land-uses within proximity will not compromise the integrity of the 500m buffer for the drinking water source protection area.
Site and Surrounds
The Djarindjin settlement and Djarindjin Junction are located approximately 175kms north of Broome. The proposed amendments relate to the Djarindjin community location as depicted in Attachments 1 & 3 and SL-lot 547 (the airport site) as shown in Attachments 2 & 4.
Description of Proposal
The DoP proposes to amend the Layout Plan as follows:
a) Extend the boundaries of existing the airport site to the south (refer Attachments 2 & 4).
b) Re-locate existing SL-Road Reserve connecting D1 Street (refer Attachment 1) to align with existing Djarindjin-Lombadina Road to create a four-way intersection providing separate access to both Djarindjin and Lombadina (refer Attachment 3).
c) Re-name various streets throughout the Djarindjin settlement (refer Attachment 3).
The amendments to the Layout Plan are being undertaken to:
a) Increase the area of SL- lot 547 to cater to anticipated growth of airport land-use;
b) Provide distinct, differentiated road access to both Lombadina and Djarindjin;
c) Review street names so properties can be identified for emergency services access and provision of services.
COMMENT
State Planning Policy 3.2 (SPP 3.2) requires that layout plans reflect the growth aspirations of communities based on sound planning principles including consideration of known cultural, environmental, and infrastructure constraints and opportunities.
Road Realignment
The proposed amendment to the road reserve alignment and vehicular access arrangements to Djarindjin will provide a clearer delineation of access between the Djarindjin and Lombadina communities.
Airport Expansion – Drinking Water Protection
The Layout Plan proposes to provide for the increased expansion of the airport site to accommodate anticipated future improvements to the airport to service off-shore industry. The amended Layout Plan however, does not account for the need to separate and delineate this land-use from ‘drinking water source protection areas’.
Clause 4.15.1 of LPS 6, drinking water source protection areas are to be protected from inappropriate land-uses. The Western Australian Planning Commission’s (WAPC) Statement of Planning Policy 2.7 – Public Drinking Water Source Policy, refers to the need for drinking water source protection areas to be managed in accordance with the principle of risk avoidance. Under the Public Drinking Water Source Policy, development and land-use within proximity to a water source protection area primarily designated for residential use should be characterised by low-intensity and low-risk land-use. An airport land-use, with ancillary development such as refuelling activities, fuel storage, and mechanical repair, is not considered to be low-intensity, low-risk form of land-use that is compatible with a drinking water source protection area.
It should also be noted that the Layout Plan report acknowledges the intention to re-locate the current ‘drinking water source protection area’ (shown as SL-lot 503). However, the ‘future settlement water source’, (lot 552), will also be compromised by the proposed expansion of the airport land-use. Advice received from consultant hydrologists Global Ground Water and DoW, as part of the development approval 2014/96, supports the relocation of the designated future bore with a view to conserving the integrity of the water source protection area.
DoP has also confirmed that the re-location of the designated ‘future bore’ and drinking water source protection area is desirable and may be explored as part of a future amendment to the Layout Plan. Officers however recommend that this form part of the current proposed amendments to the Layout Plan, in order to ensure the issues are addressed now as the current proposed amendments will impact on the designated future bore and associated water source protection area.
Airport Expansion – Amenity Impacts
It is anticipated that the growth and development of off-shore resource projects will generate an intensification of the use of the airport. It is expected that increased air traffic, both with respect fixed-wing and helicopters, will increase the potential for noise impacts on the residents of the locality.
Whilst the proposed amendments to the layout plan caters for the expansion of airport land uses, the potential for amenity impacts associated with this expansion and the anticipated intensification of the airport has not been addressed in the proposed amendments to the Layout Plan. Further investigation and consideration for how such impacts may be managed should be included in these proposed amendments to the Layout Plan, and should also be considered in any future amendment to the Lombadina-Djarindjin Aerodrome Master Plan.
Summary
Officers consider there has not been sufficient consideration given to the issues of potential impacts on the amenity and public drinking water areas. As such it is recommended Council notes the proposed amendments and recommends that the following points be incorporated in the Djarindjin Layout Plan:
a) The Layout Plan should consider a separation and delineation of land-use with consideration for ‘drinking water source protection areas’ and it is recommended that the amended Layout Plan include a new future location for the settlements drinking water source that is not compromised by surrounding land-uses.
b) The Layout Plan and background report should provide adequate consideration for how the proposed expansion of SL-lot 547, and anticipated intensification of the airport use, may impact on the future amenity of residents and the locality.
CONSULTATION
DoP has confirmed that consultation with DAC was undertaken in relation to the proposed amendments to the Layout Plan. However, the DoP has not provided evidence that consultation with both the Djarindjin and Lombadina communities has been undertaken in relation to the proposed expansion of the airport use on SL-lot 547 and how the anticipated intensification of the airport use and associated noise may impact on the future amenity of residents and the locality.
It is therefore further recommended that DoP first undertake this consultation with the community prior to making the amendments to the Layout Plan.
STATUTORY ENVIRONMENT
Planning & Development Act 2005
State Planning Policy 3.2 ‘Planning for Aboriginal Communities’ was prepared pursuant to the provisions of Part 3 of the Planning & Development Act 2005.
State Planning Policy 3.2
Objectives
2.1 To provide for the recognition of Aboriginal settlements through local planning schemes and strategies.
2.2 To collaboratively plan for the orderly and coordinated development of Aboriginal settlements.
4.0 Application of the Policy.
4.1 This policy applies to the planning and development of Aboriginal settlements throughout Western Australia.
Layout plans – Preparation
6.1 All Aboriginal settlements are to have an endorsed Layout Plan.
6.2 Layout Plans may be prepared for Aboriginal communities that exhibit special circumstances, such as a native title agreement that confers an undertaking of support by the State for development of a particular place.
6.3 Layout Plans are to be prepared in accordance with this policy and associated guidelines and are to comprise: a) map-set; b) background report, and; c) provisions.
6.4 Layout Plans are to reflect the growth aspirations of the resident community and traditional owners based on sound planning principles including consideration of known cultural, environmental, economic, tenure and infrastructure constraints, opportunities and requirements.
6.5 The Layout Plan map-set is to be based on appropriate spatial data and is to distinguish existing from proposed land uses.
6.6 The background report and provisions are to be prepared in accordance with WAPC specifications, which may be detailed as a guideline prepared under this policy.
6.7 A simplified version of a Layout Plan may be prepared if it is in accordance with a guideline prepared under this policy.
6.8 A drinking water source protection plan is to be prepared for each Aboriginal settlement and is to be incorporated into the Layout Plan.
Consultation
6.9 Consultation is to be undertaken with the resident community, traditional owners, local government and relevant key agencies and stakeholders in the preparation of Layout Plans.
Endorsement
6.11 The WAPC may endorse a Layout Plan if—
(c) the relevant local government has endorsed the Layout Plan, or in the case that the local government has not endorsed the Layout Plan, that the WAPC is satisfied that preparation of the Layout Plan has included appropriate consultation with the local government and that best endeavours were made to secure the endorsement of the local government.
Amendments
6.13 An endorsed Layout Plan may be amended at the request of any interested party, subject to the application of provisions 6.9 to 6.12 of this policy.
6.14 If an amendment is considered to be minor in nature it may be completed without the application of provisions 6.9 to 6.12 of this policy, other than the requirement for endorsement by the WAPC.
6.15 Amendments to layout plans are to be recorded on the map-set.
Interim Development Order No.4.
Application
This Order applies to: Land between the Scheme boundary of Town Planning Scheme No. 4 and extending northwards, eastwards and southwards to the boundaries of the Municipality.
Local Planning Scheme No.6 (to be gazetted)
4.15 Settlement Zone
4.15.1 The objectives of the Settlement Zone are to identify existing and proposed Aboriginal settlements and to plan for the orderly and proper development of those places by:
(a) requiring preparation and endorsement of a Layout Plan;
(b) ensuring that development accords with a Layout Plan;
(c) providing for a mix of land uses typically found in Aboriginal Settlements, including light industrial, tourism, residential, commercial, community, recreation and public utility; protecting sensitive areas, such as No Go areas and drinking water source protection area from inappropriate development; and
(d) providing for traditional law and culture.
4.42 Development in the Settlement Zone
4.42.1Site and Development Requirements:
(a) Proposed development is to comply with a Layout Plan prepared in accordance with State Planning Policy 3.2
Shire of Broome Local Planning Strategy (to be gazetted)
Secondary Centres
Secondary Centres are defined as sustainable communities which generally source potable water from their own bore, operate their own generators, utilise septic tanks and have their own waste management facilities. These centres are well connected and can access the goods, services and facilities provided within the principal centre.
Objectives:
To provide settlement service centres to surrounding land uses including rural living, pastoral and tourism.
To provide Secondary Centres supported by appropriate land, infrastructure, facilities and services to meet economic and community needs.
To allow for the expansion of identified Secondary Centres to create sustainable communities.
Strategies:
Plan and facilitate the development of secondary service centres in the settlements of Ardyaloon, Djarindjin/Lombadina, Beagle Bay and Bidyadanga of between 500 -1,000 people.
Develop a partnership between the Shire and the Department of Planning to consolidate layout plans for identified secondary service centres within this Strategy.
Burrguk and Budgarjook are not considered to be secondary centres under this strategy, however they may develop into one in the future, and should be considered in a future review of this strategy.
Identify future development areas and development investigation areas that provide for future expansion within secondary centres.
Actions:
Set out a Settlement zone within the local planning scheme and provide relevant provisions for Layout Plans to guide the development within Secondary Centres.
Update Layout Plans for Ardyaloon, Djarindjin/Lombadina and Bidyadanga in accordance with SPP 3.2.
Verify that sufficient residential land is identified within the revised Layout Plans to meet current and longer-term needs of the centres.
Liaise with the Commonwealth and State Government on the bilateral agreement to ensure service provision within Aboriginal communities is financially responsible and sustainable for generations to come.
Assist the WA Planning Commission through the Department of Planning to review the Layout Plans developed for Aboriginal communities as Development Strategies that form part of the Local Planning Strategy.
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
Nil
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Effective communication
Affordable services and initiatives to satisfy community need
A healthy and safe environment
Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:
Realistic and sustainable land use strategies for the Shire within state and national frameworks and in consultation with the community
VOTING REQUIREMENTS
Simple Majority
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That Council: 1. Notes the proposed amendments to the Djarindjin Layout Plan No.3 as detailed in Attachments 3 & 4; and 2. Requests the Chief Executive Officer to write to the Department of Planning recommending that the following matters be adequately addressed in the preparation of the amendments to the Layout Plan: a) Adequate separation and delineation of land-use with consideration for ‘drinking water source protection areas’; b) Adequate consideration for how the proposed expansion of SL-lot 547, and anticipated intensification of the airport use, may impact on the future amenity of residents and the locality; and c) that the communities of both Lombadina and Djarindjin be consulted with regards to these proposed amendments and potential impacts.
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Attachments 1, 2, 3 & 4 |
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9.2.2 PETITION REQUESTING SHARED PATHWAY INSTALLATION ON PEMBROKE ROAD AND DICKSON DRIVE LOCATION/ADDRESS: Pembroke Road and Dickson Drive APPLICANT: Nil FILE: ENG04 AUTHOR: Director of Engineering Services CONTRIBUTOR/S: Director Corporate Services RESPONSIBLE OFFICER: Director of Engineering Services DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 3 December 2014 |
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SUMMARY: At the Ordinary Meeting of Council on 27 November 2014, Joe Hogan on behalf of local ratepayers and residents of Broome presented a petition to request that the Shire of Broome construct cycle paths along Pembroke Road and Dickson Drive. This report recommends that the nominated pathways be considered for inclusion in the Shire of Broome’s 10 Year Capital Works Program for Pathways. |
BACKGROUND
Previous Considerations
NIL
At the Ordinary Meeting of Council on 27 November 2014, Joe Hogan on behalf of local ratepayers and residents of Broome presented a petition to request that the Shire of Broome complete duel use paths along the length of Pembroke Road and Dickson Drive.
The Petition reads as follows:
We the undersigned local ratepayers and residents of Broome Shire, request that the Broome Shire Council complete a cycle-path down the length of Pembroke Road to Clementson Street and from Germanus Kent down Dickson Drive to Pembroke Road. These paths are required for the following reasons:
· Provide a safe means of travel for local residents and tourists, (pedestrians and cyclists), especially at night.
· Encourage local ratepayers and their families, to maintain an active healthy lifestyle, (cycling and walking etc)
· Offering an alternative for Germanus Kent staff and residents, Kimberley Land Council employees, dance studio patrons and other small business’s in Pembroke Road and Dixon Drive ie. Walk and cycle rather than take car or bus.
· Assist all families in making Pembroke Road and Dickson Drive more in line with other streets in Broome that currently have pathways.
· Give children and staff at Catherine House (Babagarra Nyirrwa) an access for prams, bikes, scooters etc. When going out to places such as Demco and Town Beach.
Mr Hogan first contacted Council on this matter via the customer feedback form in early May 2014 with the following response provided by Shire Officers on 16 May 2014 by email.
Thank you for your recent footpath request via the Shire of Broome customer feedback form for new footpaths on:
Pembroke Street (Orr Street to Clementson Street)
Dickson Drive (Germanus Kent to Pembroke Street)
In response to your enquiry the following is offered:
All new subdivisional areas within the Shire of Broome are provided with footpaths paid for by the developer to Liveable Neighbourhoods planning guidelines. Unfortunately the Shire has many older subdivisions that were never provided with pathways and the small amount of available funds for footpath construction needs to be carried out on a priority basis, with priority for higher order paths that attract external funding from the State Government being at the top of the list.
The Shire of Broome has both a Five Year Footpath Plan and a longer term 10 Year Footpath Capital works plan that nominate all historical priority footpaths requiring installation as either new, renewal or upgrade and estimates for these paths have been including in the long term financial plan modelling.
The paths that you have requested are currently not on either of these plans and have not been requested or highlighted in the past. In saying that the plan is reviewed annually and the majority of the paths requested will be reviewed to be included at some time in the future, except the section of path on Pembroke Street from Dickson Drive to Clementson Street which will be installed by the developer as part of the adjacent future subdivision.
It must however be pointed out that the 10 Year Footpath Plan is already fully allocated and it would be some years off before Council could consider these paths for a formal budget allocation.
COMMENT
A review of the signed petitioners indicates that out of the 101 signatures, 39 are electors of the Shire of Broome. This report presents the petition to Council for its consideration.
The Shire of Broome has a 10 Year Capital Works Program for Pathways which nominates priority pathways for construction. Historically this Program been compiled focusing on pathways in high pedestrian traffic areas which would be eligible for grant funding and as per residents complaints/requests for pathways on less pedestrian trafficked streets. It should be noted that any proposed additions to the Program will require additional funding or alternatively, deferment of existing identified priorities.
There is currently no shortage of pathway candidates for both external and internal funded pathway projects, as a large proportion of the town was previously developed without any pathways being installed. This adds to the financial burden on the Shire in constructing these new paths, as well as allowing for future renewal works on existing paths.
The Regional Bicycle Network (RBN) Grant Scheme provides funding of up to 50% of pathway project costs. The RBN Grant Scheme selection criteria are as follows:-
· Connections to schools or education facilities.
· Attractions for tourist cycling.
· Connections to other regional pathway networks.
· Continuation of existing RBN Scheme pathways such as Guy Street Stage 3.
· It would solve an existing regional route that has non complaint pathway or serious safety concerns.
The pathways identified in the petition are discussed in detail below:-
Dickson Drive
· Germanus Kent (Aged Care Facility) to Pembroke Road (estimated cost $40,000).
This pathway would link Pembroke Street to Germanus Kent Aged Care Facility. However, more importantly it would provide a continuous link from the Baba Garra Nyirrwa Children’s Residential Facility (Catherine House) which is located on the corner of Pembroke St and Dickson Drive to Demco Beach, Town Beach and Fongs Store. This would provide opportunities for the children and staff to walk and ride to nearby amenities.
It is unlikely that this pathway would attract RBN Grant Scheme funding and would need to be fully funded by the Shire.
Officers recommend that this pathways project be considered for inclusion in the 10 Year Capital Works Program for Pathways.
Pembroke Road
· Orr Street to Dickson Street (estimated cost $70,000).
This pathway would provide a link between Dickson Drive and Orr Street, and would provide access for the residential properties on the eastern side of the Pembroke Road. The pathway would also provide a link north to the local distributor pathways running east/west along Guy Street, and provide access to St Marys Catholic School and BRAC.
This pathway project may be eligible for grant funding under the RBN Grant Scheme.
Officers recommend that this pathways project be considered for inclusion in the 10 Year Capital Works Program for Pathways.
· Dickson Street to Clementson Street (estimated cost $ 60,000)
The pathway which links Dickson Street to Clementson Street provides a linkage to the existing pathway which runs east/west along Clementson St. This is a useful link, however the pathway should be constructed as part of the development of the Yawuru lot which fronts Pembroke Street. Although timing of the subdivision is more than likely to be some time off, this pathway is not critical and should not be funded by the Shire.
Officers recommend that this pathways project should be funded by developers and should not be considered for inclusion in the 10 Year Capital Works Program for Pathways.
CONSULTATION
Nil
STATUTORY ENVIRONMENT
(1) A Petition, in order to be effective, is to –
(a) be addressed to the President of the Shire of Broome;
(b) be made by residents and/or electors of the district;
(c) state the request on each page of the petition;
(d) contain the names, addresses and signatures of the residents and/or electors making the request, and the date each resident and/or elector signed;
(e) contain a summary of the reasons for the request;
(f) state the name of the person upon whom, and an address at which, notice to the petitioners can be given;
(g) be in the form prescribed by the Act and Local Government (Constitution) Regulations 1998 if it is –
(i) a proposal to change the method of filling the office of President;
(ii) a submission about changes to wards, the name of a district or ward or the number of councillors for a district or ward.
(h) not contain any language that is disrespectful to the Council or likely to be defamatory to any person
(2) A member of the Council presenting a petition shall be limited to a statement from the parties from whom it comes, the number of signatures attached to it, the material issues contained in it and to the reading of the preamble to the petition. It shall be incumbent on the member of Council presenting the petition to be familiar with the nature and contents of the petition, and to ascertain that it is in the form prescribed by subclause (1).
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
It is recommended that the Dickson Drive Pathway and the Pembroke Rd Pathway (Orr St to Dickson St) be considered for inclusion in the 10 Year Capital Works Program for Pathways as part of the 2015/16 budget deliberations. These projects will be subject to allocations towards pathway projects within the Long Term Financial Plan and other capital works priorities.
Cost breakdown and funding source for Pathways
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Pathway |
Estimated Cost |
Shire Contribution |
Grants/ Developer Contributions |
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Dickson Drive Pathway - Germanus Kent to Pembroke Road; |
$40,000 |
$40,000 |
0 |
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Pembroke Road Pathway - Orr Street to Dickson Street |
$70,000 |
$35,000 |
$35,000 |
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Pembroke Road Pathway – Dickson St to Clementson St |
$60,000 |
0 |
$60,000 |
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Affordable services and initiatives to satisfy community need
Accessible and safe community spaces
Participation in recreational activity
Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:
Best practice asset management to optimise Shires’ infrastructure whilst minimising life cycle costs.
Our Prosperity Goal – Create the means to enable local jobs creation and lifestyle affordability for the current and future population:
Affordable and equitable services and infrastructure
VOTING REQUIREMENTS
Simple Majority
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That Council: 1. Requests the Chief Executive Officer as part of the 2015/16 budget deliberations to consider for inclusion into the 10 Year Capital Works Program for Pathways, the following pathway projects (subject to allocations towards pathway projects within the Long Term Financial Plan and other capital works priorities):-
· Dickson Drive Pathway between Germanus Kent (Aged Care) and Pembroke Road · Pembroke Road Pathway between Orr Street and Dickson Street
2. Request the Chief Executive Officer to advise the petitioner of Council’s resolution.
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Petition |
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Pathway Plan |
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Item 9.2.2 - PETITION REQUESTING SHARED PATHWAY INSTALLATION ON PEMBROKE ROAD AND DICKSON DRIVE |
Petition |
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Item 9.2.2 - PETITION REQUESTING SHARED PATHWAY INSTALLATION ON PEMBROKE ROAD AND DICKSON DRIVE |
Pathway Plan |
9.3
PRIORITY STATEMENT
Our region has grown significantly over the past years in terms of population, economy and industry – this will continue! Balancing ecological sustainability with economic growth and retaining the ‘look and feel’ of Broome and its environs are an ongoing challenge for the region. Encouraging appropriate investment and business development opportunities to ensure a strong, diverse economic base is essential for community prosperity and the success of our future generations.
Focusing on developing clear pathways linking education with employment for our youth and the community at large is essential as we aim to retain our local people and continue to build a skilled and highly motivated workforce.
Business and Industry partnerships must be fostered to ensure sustainable economic growth is achieved, along with the provision of affordable and equitable services and infrastructure. Ensuring development meets community needs and legislative requirements whilst creating close community relationships and enhancing our understanding of local heritage and cultural issues will continue to be a major focus. The built environment must contribute to the economy, long term viability of the region and provide a quality lifestyle for all.
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9.3.1 Rates Review 2014/15 LOCATION/ADDRESS: Nil APPLICANT: Nil FILE: ARA12 AUTHOR: Director Corporate Services CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Director Corporate Services DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 17 November 2014 |
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SUMMARY: Council is requested to consider a proposal to phase out rate concessions that have been applied to properties located within the 12 Mile and Coconut Well area, in addition to properties which have a Horticultural Land Use within the Shire of Broome. Further, a Land Use Survey has been conducted within these areas and Council is also requested to consider the progress of a change in basis of valuation methodology for certain properties that have been assessed to be used for predominantly ‘non-rural’ purposes. |
BACKGROUND
Previous Considerations
At a Special Meeting of Council held on 24 July 2013 proposed differential rates for the 2013/14 financial year were considered by Council and endorsed for advertising. In endorsing the differential rates for advertising, regard was given to advice received from the Department of Local Government and Communities in relation to compliance matters associated with such. Specifically, the differential rating categories and the objects and reasons for each required review and were amended accordingly.
In comparison to the adopted 2012/13 Differential Rates, changes included required amendment to category titles to exclude any reference to a locality. In addition, all objects and reasons were reviewed and amended to improve clarity and justification, resulting in the creation of some new categories. This included the reforming of others to simplify matters and to ensure compliance.
In summary, with regard to Unimproved Value (UV) rating categories, two new categories were proposed, combining a number of former categories:
UV - Rural (The base rate for Unimproved Value) – proposed to contain the following former categories:
· UV-Dampier Coconut Well;
· UV-Dampier Twelve Mile;
· UV-Skuthorpe; and
· UV-Horticulture/Wattle Downs
UV- Commercial Rural – proposed to contain the following former categories:
· UV-Dampier Short Stay Accommodation;
· UV-Dampier Commercial Operations & Pearling; and
· UV-Dampier Pastoral
It is noted that UV – Mining was proposed to remain but, without reference to Dampier.
Further, the only changes proposed to the Gross Rental Value (GRV) differential rating categories were the deletion of reference to Broome as a locality and some variation to the objects and reasons.
Council subsequently resolved the following at the Special Meeting of Council held on 24 July 2013 in regards to the setting of Differential Rates:
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COUNCIL RESOLUTION: (REPORT RECOMMENDATION)
Moved: Cr A Poelina Seconded: Cr D Male
That Council,
1. Endorses the following differential rates across all categories and calls for public submissions under Section 6.36 of the Local Government Act 1995.
2. Endorses the following rate concessions for inclusion in the 2013/14 Draft Budget.
3. Adopts the objects and reasons for each of the proposed differential rates and minimum payments in 1. Above as detailed in Attachment.
4. Authorises the CEO to apply for the Minister’s approval for under Section 6.33 of the Local Government Act 1995 to impose differential rates for those rates that are more than twice the lowest differential rate.
5. Authorised the Shire President and Chief Executive Officer to prepare and implement a Media/Information Strategy (utilising engagement framework principles) advising of Council’s rate review in 2013/14, including notification with the Rate Information Brochure.
CARRIED UNANIMOUSLY 5/0 |
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A further Special Meeting of Council was held on 28 August 2013 to consider formal adoption of the 2013/14 Annual Budget. There were no submissions received on the proposed Differential Rates and Council subsequently adopted the Differential Rates for 2013/14 as above.
Following this process, and as per point 5 of the aforementioned Council resolution, comment was provided within the Rates Information Brochure circulated with rates notices advising that a Rates Review would be occurring in 2013/14. As part of this rates review an initial internal Land Use Survey review was conducted of some properties within the Chinatown precinct and tourist areas of Broome. This was deemed necessary due to the change of the objects and reasons specifically in the Residential Differential Rating Category to be ‘Land Use’ based rather than ‘Zoning’ based. Properties that were clearly identified as having a residential use were therefore transferred into the GRV Residential category. Further reviews have continued to address this issue and with GRV revaluations due from the Value General’s Office it is intended to scrutinise this information upon receipt in April 2015 and adjust any further anomalies that may be identified.
In regards to a broader Rates Review, a number of previous studies that had been undertaken in recent years were reviewed internally and re-presented to Council for consideration as part of the 2014/15 Annual Budget Process. A Council workshop was held on 23 April 2014 providing an overview of the following previously prepared Rates Studies by the consultant from DCA (Dominic Carbone and Associates), Mr Dominic Carbone:
· Tourism Initiative Review
· Change in Basis of Valuation Methodology Study for Coconut Well and 12 Mile
This workshop was attended by Councillors G Campbell, A Poelina, C Mitchell, D Male and former Councillor J Bloom.
Tourism Initiative Review
As further background on the Tourism component, the Shire of Broome, in 2009, undertook a review of the definition and intent of the collection of differential rates for tourism initiatives. Kadar Pearson Partners Pty Ltd (KPP) was appointed to undertake the first stage of the review.
Using stakeholder forums KPP were able to explore:
i) The role of the local authority in supporting tourism for the Shire of Broome through marketing or servicing,
ii) The funding level adequacies for tourism activity in the Shire of Broome,
iii) To engage any other views on the direction of the strategy in marketing or servicing to assist tourism, commerce and the local economy in the Shire of Broome.
Following this, in 2010, the Shire of Broome appointed Dominic Carbone and Associates and Darren Long Consulting (DCA/DLC) to:
i) Facilitate a workshop forum for all stakeholders,
ii) Determine other tourism marketing initiatives, if any, to be considered for support by Shire funds in addition to current support given to ANW and BVC,
iii) Investigate and engage views on developing a model between stakeholder groups that creates a broader and more equitable base for tourism revenue raising beyond local government rates collection,
iv) Make recommendations to Council for revising the tourism differential rating objectives to meet policy objectives of a broader and more equitable model for tourism economic development strategy, as developed from the stakeholder workshop,
v) Supply a report providing recommendations from the outcomes of the workshop and the future strategy for tourism differential rating.
As a result of the key findings, the following recommendations were developed by DCA/DLC for Council consideration:
(1) That marketing and promotion of Broome as a tourist destination continue to be funded through the Local Government Property Rating Framework utilising the Differential Rating System.
(2) That revenue collected through the differential rating system for the tourism component be distributed on a needs basis, with key stakeholders preparing and submitting to the Shire four (4) year business plans disclosing their operations and proposed tourism initiatives.
(3) That the Council give consideration to using the Multiplier Effect for Broome as an alternative rates distribution model for the tourism differential component.
(4) That the Council formulate a Tourism Policy, which outlines the Councils role in the financing of tourism initiatives, in order to develop constructive partnerships with the local community, business groups, tourism industry operators and community organisations.
A sample Tourism Policy is included in the Report for the Council’s consideration.
(5) That the Shire of Broome initiate discussions with the Board of Broome International Airport for the purpose of introducing a passenger head tax to complement the revenue derived from the tourism differential rate component to promote tourism initiatives in Broome.
(6) That the formation of an Advisory Group be established at the discretion of the Chief Executive Officer to advise him in relation to any matter pertaining to Broome Tourism, which will assist him in the preparation of reports to Council.
The Tourism Initiative Review was formally presented to and considered by Council on 14 April 2011. The following was resolved at this meeting:
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COUNCIL RESOLUTION:
Moved: Cr J Bloom Seconded: Cr R J Lander
1. Receives the Tourism Initiative Review Report from Domenic Carbone and Associates/Darren Long Consulting,
2. Adopts points 1,2,3,4 and 6 of the recommendations contained in the Tourism Initiative Review Report,
3. refers recommendation 5 to the Advisory Group as specified in Point 6 for detailed consideration of the various options for further revenue generation for the promotion of Tourism in Broome including but not limited to the option of a head tax.
4. Requests staff:
a. to prepare a draft Tourism Administration Policy for the purposes of advertising for a period of 35 days;
b. to incorporate into the policy the use of the multiplier principle for Tourism Differential rating that being:
Broome Commercial 62.3% Broome Tourism 37.1% Dampier Short Stay Accommodation 0.6%
c. to incorporate a section in the policy that clearly details the processes of applying the multiplier principle
d. to incorporate the funding allocation to Australia’s North West, Broome Visitor Centre and a discretionary amount will be determined by Council during annual budget deliberations.
CARRIED UNANIMOUSLY
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A draft Tourism Administration Policy was subsequently presented and adopted by Council at the 19 April 2012 OMC as follows:
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COUNCIL RESOLUTION: (REPORT RECOMMENDATION) That Council; 1). Adopts the Draft Tourism Administration Policy, 2). Sets a sum certain yield of $315,000 from tourism differential rates from the 2012/2013 budget for the purpose of tourism initiatives, 3). Maintains the yield, plus any general increase, from the GRV Broome Tourism Group rate, and conforms to the 50% rule by lowering the minimum rate to the point of a 50/50 balance in minimums and non-minimums, with the balance of the required yield made up from the balance of non-minimum rates within that rating group. Moved: Cr J Bloom Seconded: Cr E Yu CARRIED UNANIMOUSLY 6/0
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The Tourism Administration Policy has been reviewed biennially with other Council Policies and the yield of $315k has remained unchanged since its inception. The funds are allocated to tourism initiatives annually including Australia’s North West ($175k), Broome Visitor Centre ($110k) and other Tourism Initiatives on application and as approved by Council ($30k). No changes are proposed to this current practice.
Change in Basis of Valuation Methodology Study for Coconut Well and 12 Mile
In 2007, Council staff commenced a land use study of rateable Dampier Ward properties to ascertain appropriate methods of rating in terms of land use as required under the Local Government Act 1995.
At the Ordinary Meeting of Council held on 8 May 2008, Council resolved the following:
“1). That Council undertakes a review of the basis of valuation used for rating Dampier Ward rural land use activities.
2). That consultation occurs in the form of general advice to the district (via advertising) of the Council’s decision to undertake the review, the rationale for the review and that comment is sought. Specific advice to affected ratepayers of the land use study.
3). That Council will consider review submissions as a basis to prepare a draft policy for advertising, with specific advice of the draft policy sent to affected ratepayers for comment.”
After the review of 23 submissions, a report was presented to Council on 17 December 2008 and recommended that as a result of the land use review, Council adopt a Draft Rural Rating Policy for the purpose of advertising and further public comment.
At the Ordinary Council Meeting held on 17 December 2008, Council resolved to:
“1). Adopts the Draft “Rural Rating Policy” for the purpose of advertising only for a period of 70 days for public comment.
2). Provide specific notice of the draft policy to affected ratepayers and invites submissions during the public comment period.”
The second consultation was undertaken in accordance with Council’s resolution of 17 December 2008, and a further 15 submissions were received. In summary, the following concerns were raised:
· Argued that they were undertaking rural pursuits (10);
· Argued that rural operations provide majority of income (6);
· Rural operations did not support majority of income (6);
· Lack of services or access to services because of distance (5);
· Rubbish services not provided or too expensive (3);
· No sealed road to Coconut Well and Willie Creek (3);
· Wanted to see indicative rate comparisons for UV and GRV (2);
· Is intending to use, or existing use of, property for B&B operations (3); and
· The Shire should not encourage smaller lot sizes(1).
A further report was presented to Council on 2 September 2009 recommending adoption of the Rural Rating Policy and that affected ratepayers be provided specific consultation where there is an intention to change the basis of rating.
At the Ordinary Council Meeting held on 2 September 2009, the Council resolved to:
“1). Adopt the “Rural Rating Policy”.
2). Undertake a “Community Ratings Workshop” with affected persons in relation to the Rural Rating Policy.
3). Provide specific notice to affected ratepayers where there is an intention to change the method of valuation, in terms of policy, and invite submissions during a comment period of 35 days.”
The Community Ratings Workshop was held on 13 May 2011, facilitated by Domenic Carbone and Associates and Darren Long Consulting, with approximately 30 community members in attendance. During the workshop a number of specific issues were raised by workshop participants and answered by the consultants, as follows:
· The keeping of minutes for the workshop;
· The legal liability of a local government to levy rates as local government is not recognised in the Australian Constitution;
· The possibility of the Shire having a hidden agenda by using the change in valuation method as a revenue raising opportunity;
· The increase in market prices for land being looked upon as a trigger for GRV values increasing, leading to the possible change in methodology;
· Appointment of Valuer;
· Rural Rating Policy;
· Transparency and equity issues are of concern;
· Department of Local Government Guideline No. 2 – Changing Methods of Valuation of Land;
· Requests for Financial Information;
· Method of determining Valuations; and
· Concerns were raised over the time limitations regarding the time permitted from receiving the rate notice and when an appeal against the valuation must be lodged.
Consultant Recommendations
The Consultant provided the following three recommendations for Council consideration:
1. The Shire of Broome give consideration to utilising Spot Valuations in the localities of Coconut Well and 12 Mile.
2. In Order to bring the existing Rural Rating Policy into line with the rating requirements of the Local Government Act and (1) above, the Shire of Broome consider amending its Rural Rating Policy by deleting the Policy Statements and substituting the following- “ To give effect to above guiding principles the Council is to observe the following:
a). Ensure that any rural (UV) property is assessed to determine whether the use of the property is “predominantly rural”.
b). Subject to (a) above, the Shire is to utilise the Spot Valuation method where there is a number of individual lots within a valuation area that are used for purposes that are not consistent with the predominant use of land within that valuation area.
c). Properties that are considered to be predominantly used for non-rural purposes be referred to the Minister for Local Government with sufficient information to allow a determination to be made on the method of valuation to be applied.
d). Subject to Ministerial approval in (c) above, apply the GRV to rural land used predominantly for non-rural purposes.
e). Ensure that the appeal rights are made clear to affected land owners.
The report presented to Council advised that this proposed amendment was considered to be an interim measure until such time the Shire appoints an independent expert to undertake the assessment of properties within Coconut Well and 12 Mile to determine the predominant use of the land for each individual lot.
3. The Shire of Broome gives consideration to appointing an independent expert to undertake a land use audit/assessment of properties within Coconut Well and 12 Mile to determine the predominant use of land for each individual lot.
At the Special Council Meeting held on 13 July 2011, Council resolved to:
“1. Receive the Changes in Basis of Valuation Methodology Study from Domenic Carbone & Associates and Darren Long Consulting.
2. Adopts amended rural rating policy for the purpose of advertising for a period of 35 days.”
2014/15 Rates Review
As part of the adoption of the 2014/15 Annual Budget on 27 June 2014, Council resolved the following:
“Request the Chief Executive Officer to;
a. Convene a workshop of Councillors and staff by 30 August 2014 for the purpose for providing direction regarding the commencement of a full rates review and community consultation as per previous resolutions of Council; and
b. Include with the 2014/2015 rates notice to property owners with UV rated properties in the locality of Coconut Well, 12 Mile and Skuthorpe advising a review of concessions will be included in the full rates review which may affect future concession rating.”
Correspondence was forwarded in line with this resolution in conjunction with the issue of Rates Notices in August 2014. A workshop was accordingly convened on the 26 August 2014 which was attended by Councillors J Bloom, C Mitchell, M Lewis and H Tracey. Further information was provided at a follow up meeting held on 21 October 2014. Council was presented with a number of potential scenarios to phase out these concessions and this is now presented to Council for formal consideration.
In addition, Council was advised that Whelans Town Planning Consultants had been engaged to undertake an independent land use survey within the Coconut Well and 12 Mile location. This completed report and recommendations form a confidential attachment to this report. The survey was conducted through a visual drive-by inspection and followed up by a review of aerial mapping data. A number of properties have been identified as being utilised for predominantly ‘non-rural’ purposes. Council is requested to consider this information and accordingly progress a change in the basis of valuation methodology on certain properties from UV (Unimproved Value) to GRV (Gross Rental Value).
COMMENT
Section 6.47 of the Local Government Act 1995 enables Council to grant a concession on rates. There is no prescribed limit on the amount of a concession, however based on the rating principles of fairness and equity, there should be sound justification to provide concessions to some ratepayers and not others. The aforementioned concessions were introduced through the 2012/13 budget adoption process as a means to ensure that ratepayers within certain areas were not overburdened with a rate increase due to the reform required to be undertaken at the request of the Department of Local Government and Communities (DLGC). Essentially these properties were formerly in varied differential rating categories with different rates in the dollar having been applied over many years.
The introduction of concessions has since highlighted this issue and research indicates that there is no substantiated justification to provide ratepayers in 12 Mile, Coconut Well or properties with a Horticulture land use a concession over and beyond each other or other ratepayers within the Shire of Broome. A review of Council records back to the mid 1990’s confirms that a differential rating philosophy has been applied at the Shire of Broome for many decades. Previous determinations by Council to apply different rates in the dollar for these properties have been based on providing a more ‘equitable’ rating philosophy.
Essentially, different rates in the dollar have been applied to negate the property valuation affect on the rates payable to the Shire. The DLGC have conducted a review of differential rates being applied across Western Australia over the last two years and have requested many Local Governments to review their categories and their objects and reasons for such. The Shire of Broome has continued to review and refine its objects and reasons over this period, resulting in an improved justification for the establishment of different categories in the first instance.
The DLGC’s Local Government Operational Guidelines No. 2 Changing Methods of Valuation (Please refer to Attachment) states the following:
“In implementing suitable systems and procedures, local governments should observe the principles of:
· objectivity;
· fairness and equity;
· consistency;
· transparency; and
· administrative efficiency.
The prospects for a satisfactory outcome will be significantly improved if these principles are correctly applied.
Objectivity
As far as possible the predominant use of land should be reviewed and determined on the basis of an objective assessment of relevant criteria. External parties should be able to understand how and why a particular determination was made.
Fairness and equity
Rating principles should be applied fairly and equitably. Each property should make a fair contribution to rates based on a method of valuation that appropriately reflects predominant use.
Consistency
Rating principles should be applied, and determinations should be made, in a consistent manner. Like properties should be treated in a like manner.
Transparency
Systems and procedures for determining the method of valuation of land should be clearly documented and available for the public to inspect. This is fundamental to the “good government” principle upon which the Act is based. The right to govern accompanies the obligation to do so openly and fairly.
Administrative efficiency
Rating principles and procedures should be applied and implemented in an efficient and cost-effective manner.”
The first matter to be established is whether the predominant use of a property is ‘rural’ or ‘non rural’. Section 6.28 of the Local Government Act 1995 states that the basis for a rate on any land must be based on UV or Unimproved Value where a property has a predominantly rural use and based on GRV or Gross Rental Value where the property is predominantly non rural. The attached report from Whelan’s has identified a number of properties that are currently rated as UV that may in fact be used for a predominantly non-rural purpose.
It is recommended that the affected property owners be given an opportunity to comment on these findings, and this feedback be reviewed prior to formal consideration of Council to consider a request to the Minister to change the method of valuation.
Further, in review of the aforementioned rating principles, it is proposed for Council to consider the phase out of concessions that have been applied. An analysis of rates levied for 2014/15 was undertaken and a number of scenarios were provided through workshops for Council consideration of phasing out of concessions. In review of the financial impact the phasing out of concessions will have on affected ratepayers it is proposed to progressively reduce and remove the concessions applied over a three year period commencing in the 2015/16 Financial Year. It is recommended that affected property owners be advised in writing of this intention and provided an opportunity to attend a workshop to discuss this issue.
CONSULTATION
Department of Local Government and Communities
Whelans Town Planning Consultants
STATUTORY ENVIRONMENT
Local Government Act 1995
S6.28 Basis of Rates
1). The Minister is to -
(a) determine the method of valuation of land to be used by a local government as the basis for a rate; and
(b) publish a notice of the determination in the government gazette.
2). In determining the method of valuation of land to be used by a local government the Minister is to have regard to the general principle that the basis for a rate on any land is to be –
(a) where the land is used predominantly for rural purposes, the unimproved value of the land, and
(b) where the land is used predominantly for non-rural purposes, the gross rental value of the land.
S6.33 Differential general rates
1. A local government may impose differential general rates according to any or a combination, of the following characteristics -
(a) the purpose for which the land is zoned under a local planning scheme in force under the Planning and Development Act 2005;
(b) the predominant purpose for which the land is held or used as determined by the local government;
(c) whether or not the land is vacant land; or
(d) any other characteristic or combination of characteristics prescribed.
S6.47. Concessions
Subject to the Rates and Charges (Rebates and Deferments) Act 1992, a local government may at the time of imposing a rate or service charge or at a later date resolve to waive* a rate or service charge or resolve to grant other concessions in relation to a rate or service charge.
* Absolute majority required
POLICY IMPLICATIONS
2.1.5 Rural Rating
FINANCIAL IMPLICATIONS
In 2014/15 Council provided rates concessions to properties within 12 Mile, Coconut Wells and properties with a Horticultural land use to the value of approximately $166k. It is proposed to phase this out over a three year period commencing in the 2015/16 Financial Year.
The financial impact of change of method of valuation on some properties from UV to GRV is not confirmed and will be dependent on valuations that will be required to be undertaken. Council will then be required to consider an applicable rate in the dollar for these properties with regard to the rates in the dollar applied to other GRV rating categories.
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Effective communication
Affordable services and initiatives to satisfy community need
Our Prosperity Goal – Create the means to enable local jobs creation and lifestyle affordability for the current and future population:
Affordable and equitable services and infrastructure
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
Responsible resource allocation
Effective community engagement
VOTING REQUIREMENTS
Simple Majority
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That Council requests the Chief Executive Officer to: 1. Undertake consultation with affected ratepayers regarding Council’s intention to phase out concessions over a three year period commencing in the 2015/16 financial year as follows:
2. Consults through direct correspondence to affected ratepayers in addition to the holding of a workshop on 5 March 2015. 3. Advise ratepayers identified within the attached confidential Land Use Survey that; (a) As part of the completion of a recent independent Land Use Survey, their properties have been identified as having a predominantly ‘non-rural’ land use; (b) Council seeks their comment on these findings prior to 27 February 2015; and (c) It is intended for all properties confirmed to have a predominantly ‘non-rural’ land use to be considered for a change in method of valuation from ‘Unimproved Value’ to ‘Gross Rental Value’ in accordance with Section 6.28 of the Local Government Act 1995. 4. Presents the outcomes of the workshop and feedback received on the land use survey to the March Ordinary Meeting of Council for Council’s consideration.
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DLGC Operational Guideline No. 2 - Changing Methods of Valuation of Land |
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Land use Investigations within the Shire of Broome (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(b) as it contains “the personal affairs of any person”. (Under separate cover) |
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Item 9.3.1 - Rates Review 2014/15 |
DLGC Operational Guideline No. 2 - Changing Methods of Valuation of Land |
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9.3.2 Lorikeet Drive Extension LOCATION/ADDRESS: Lorikeet Drive, Roebuck APPLICANT: Nil FILE: 14/13 AUTHOR: Senior Project Engineer CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Director of Engineering Services DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 3 December 2014 |
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SUMMARY: This report considers Tenders received for the Lorikeet Drive Extension Project and seeks adoption of the recommendation contained in the confidential tender evaluation report. |
BACKGROUND
Previous Considerations
OMC 23 October 2014 Item 9.2.4
The eastern section of Lorikeet Drive is currently a “No Through Road” in Roebuck Estate servicing 10 residential properties on its northern side with an adjacent drainage reserve on the southern side.
Initial planning for Roebuck Estate contained two proposed connection points (Lorikeet Drive and Spoonbill Avenue) from the estate to a new, realigned Main Roads WA road that ran between Roebuck Estate and the One Mile Community. For a number of reasons, these works were never constructed. This is now having the effect of creating excessive traffic volumes within the subdivision.
From a traffic efficiency perspective, it is essential to have additional access points for Roebuck Estate which gives direct access to and from the Old Broome Road arterial traffic route. This will reduce travel times in general and have a beneficial effect on driver safety.
The need for this was always recognised in planning for the Estate and the situation has been further amplified by the closure of right hand turn movements out of Sanderling Drive onto Gubinge Road by Main Roads WA. Many residents from the northern sections of Roebuck Estate previously would travel to and from Town via this route.
Currently nearly all traffic from within Roebuck Estate heading towards the Town, utilise Sanderling Drive, Sandpiper Avenue and Old Broome Road as their primary traffic route. This pushes traffic volumes in Sanderling Drive to the upper limit of acceptable environmental traffic flows, and adds considerably to the safety risk along this section of road.
COMMENT
The scope of the work to construct the new section of Lorikeet Drive is as follows:-
· Removal of the existing cul-de-sac head and associated works on the eastern end of Lorikeet Drive.
· Location and protection of Horizon Power, Water Corporation and Telstra services.
· New drainage culverts under the proposed roadway in the existing main open drain running along the back of Roebuck Estate and along the existing table drain on Old Broome Road.
· Vegetation clearing, mulching and topsoil removal.
· Construction of 312m of new road pavement including a prime and 2 coat seal.
· Install semi mountable kerbing and appropriate drain chutes into drainage outlets.
· New intersection and appropriate channelisation treatment at Old Broome Road.
· Installation of regulatory signage and line marking to Main Roads WA standards.
· Provision of 2m wide pathway on the north side of Lorikeet Drive.
· Rural style fencing on the southern road reserve boundary to prevent public access into sensitive areas.
· Installation of street lighting to Australian Standards along length of the road extension and the new intersection.
Tenders for the Lorikeet Drive Extension Project were advertised on 1 November 2014 and closed on 19 November 2014, utilising the WALGA Procurement Consultancy Service. The tender recommendation is contained within the confidential tender recommendation report (attached).
CONSULTATION
WALGA
Pritchard Francis
Water Corporation
Horizon Power
Telstra
Adjoining Landowners
STATUTORY ENVIRONMENT
Local Government Act 1995
Section 1.8 Statewide public notice.
Where under this Act Statewide public notice of a matter is required to be given, section 1.7 applies except that the newspaper referred to in section 1.7(1)(a) is required to circulate generally throughout the State.
Section 3.57 Tenders for providing goods or services
(1) A local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply good or services.
(2) Regulations may make provision about tenders
Local Government (Functions and General) Regulations 1996
Section 5 R14 Requirements for publicly inviting tenders
(1) When regulation 11(1), 12 or 13 requires tenders to be publicly invited, Statewide public notice of the invitation is to be given.
(2) If the CEO has, under regulation 23(4), prepared a list of acceptable tenderers, instead of giving Statewide public notice the CEO is required to give notice of the invitation to each acceptable tenderer listed.
(2a) If a local government —
(a) is required to invite a tender; or
(b) not being required to invite a tender, decides to invite a tender, the local government must, before tenders are publicly invited, determine in writing the criteria for deciding which tender should be accepted.
(3) The notice, whether under subregulation (1) or (2), is required to include —
(a) a brief description of the goods or services required;
(b) particulars identifying a person from whom more detailed information as to may be obtained;
(c) information as to where and how tenders may be submitted; and
(d) the date and time after which tenders cannot be submitted.
(4) In subregulation (3)(b) a reference to detailed information includes a reference to
(a) such information as the local government decides should be disclosed to those interested in submitting a tender;
(b) detailed specifications of the goods or services required;
(c) the criteria for deciding which tender should be accepted;
(d) whether or not the local government has decided to submit a tender; and
(e) whether or not the CEO has decided to allow tenders to be submitted by facsimile or other electronic means, and if so, how tenders may so be submitted.
(5) After a notice has been given under subregulation (1) or (2), a local government may vary the information referred to in subregulation (3) by taking reasonable steps to give each person who has sought copies of the tender documents or each acceptable tenderer, as the case may be, notice of the variation.
[Regulation 14 amended in Gazette 29 Jun 2001 p. 3130.]
Section 5 R15 Minimum time to be allowed for submitting tenders
(1) If the notice is published in the newspaper as part of giving Statewide public notice, the time specified in the notice as the time after which tenders cannot be submitted has to be at least 14 days after the notice is first published in the newspaper as part of giving Statewide public notice.
(2) If the notice is given to a person listed as an acceptable tenderer, the time specified in the notice as the time after which tenders cannot be submitted has to be at least 14 days after the notice is given.
Local Government Act 1996
Clause 2.4 The Local Government (Functions and General) Regulations 1996, Part 4, Division 2, regulation 18, paragraph (2)
(1) A tender that is submitted at a place, and within the time, specified in the invitation for tenders but that fails to comply with any other requirement specified in the invitation may be rejected without considering the merits of the tender.
POLICY IMPLICATIONS
The tender has been managed in accordance with Policy 2.3.7 Purchasing, as the value of the tender is $100,000 +.
FINANCIAL IMPLICATIONS
See attached confidential evaluation report for details of financial implications.
The current budget is sufficient to complete all required work to undertake the road construction and the tender for the construction works is within the budgeted amount.
The table below outlines funding sources for the project.
Funding Source: Lorikeet Drive Extension Project
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Funding Type |
Capital or Start Up Expense |
Funding Details |
Account Number |
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Grant |
$500,000 |
Regional Road Group |
121779 |
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Grant |
$750,000 |
Roads to Recovery |
121776 |
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Shire |
$65,000 |
Municipal Funds |
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TOTAL |
$1,315,000 |
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The recommended tendr received and the associated costs for this project are within budget allocations.
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Affordable services and initiatives to satisfy community need
Accessible and safe community spaces
Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:
Best practice asset management to optimise Shires’ infrastructure whilst minimising life cycle costs.
Our Prosperity Goal – Create the means to enable local jobs creation and lifestyle affordability for the current and future population:
Affordable and equitable services and infrastructure
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
Responsible resource allocation
VOTING REQUIREMENTS
Simple Majority
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That Council: 1. Endorses the recommendations as contained in the confidential tender assessment report for Tender 14/13 Lorikeet Drive Extension. 2. Notes details of the successful tenderer will be available for public information in the Tender Register in accordance with regulation 17 of the Local Government (Functions and General) regulations 1996. 3. Authorises the Shire President and Chief Executive Officer to engross the Contract Document.
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Recommendation Report - Lorikeet Drive Extension (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”. |
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Lorikeet Drive Extension - Plan 1 |
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Lorikeet Drive Extension - Plan 2 |
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Lorikeet Drive Extension - Plan 3 |
9.4
PRIORITY STATEMENT
Council will strive to create an environment where local governance is delivered in an open and accountable manner; where we provide leadership to the region in such areas as planning and financial management; where the community has the opportunity to contribute to the Council’s decision making thereby fostering ownership of strategies and initiatives.
In delivering open, accountable and inclusive governance, we will be ever mindful that we operate within a highly regulated environment that requires a high level of compliance.
Council will strive to be the conduit between the other spheres of government and the community, translating State and Federal law, policy and practice into customer focussed, on ground service delivery that support’s Broome’s unique lifestyle.
The Region is experiencing significant change with Council dedicated to sound governance, effective leadership and innovation, and high quality services. Building organisational capacity is a priority with a commitment to delivering services to the community in a sustainable, effective and accountable way.
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9.4.1 PAYMENTS - NOVEMBER 2014 LOCATION/ADDRESS: Nil APPLICANT: Nil FILE: FRE02 AUTHOR: Finance Officer CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Director Corporate Services DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 2 December 2014 |
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SUMMARY: This report recommends that Council records the list of payments made under delegated authority, as per the attachment to this report, for the month of November 2014. |
BACKGROUND
Previous Considerations
COMMENT
The Chief Executive Officer (CEO) has delegated authority to make payments from the Municipal and Trust funds in accordance with budget allocations.
The Shire provides payments to suppliers by either Electronic Funds Transfer (EFT), cheque, credit card or direct debit.
Attached is a list of all payments processed under delegated authority during the month of November, 2014.
CONSULTATION
Nil
STATUTORY ENVIRONMENT
Local Government (Financial Management) Regulations 1996
13. Lists of accounts
(1) If the local government has delegated to the CEO the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared —
(a) the payee’s name;
(b) the amount of the payment;
(c) the date of the payment; and
(d) sufficient information to identify the transaction.
(3) A list prepared under sub regulation (1) is to be —
(a) presented to the council at the next ordinary meeting of the council after the list is prepared; and
(b) recorded in the minutes of that meeting.
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
List of payments made in accordance with budget and delegated authority.
STRATEGIC IMPLICATIONS
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
An organisational culture that strives for service excellence
Sustainable and integrated strategic and operational plans
Responsible resource allocation
Effective community engagement
Retention and attraction of staff
Improved systems, processes and compliance
VOTING REQUIREMENTS
Simple Majority
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That Council records the accounts as paid under delegated authority for November 2014, totalling $3,348,805.60, as attached, covering:
· EFT Vouchers 28689-29008 totalling $3,002,629.33; · Municipal Cheque Vouchers 57203-57229 totalling $116,318.14; · Trust Cheque Voucher 3382-3385 totalling $11,370.21 and · Municipal Direct Debits DD17924.1-17971.9 totalling $218,487.92
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Accounts for Payment - November 2014 |
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9.4.2 REVIEW OF DELEGATIONS OF AUTHORITY LOCATION/ADDRESS: Nil APPLICANT: Nil FILE: ARE02 AUTHOR: Manager Governance CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Director Corporate Services DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 21 November 2014 |
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SUMMARY: The purpose of this report is for Council to review and consider its delegations to the Chief Executive Officer and to adopt the Delegations of Authority Register. |
BACKGROUND
Previous Considerations
OMC 21 December 2006 Item 9.1.3
OMC 24 July 2008 Item 9.1.5
OMC 17 December 2008 Item 9.1.7
OMC 19 March 2009 Item 9.1.2
OMC 18 March 2010 Item 9.1.1
OMC 17 March 2011 Item 9.1.2
OMC 15 March 2012 Item 9.4.4
OMC 20 June 2013 Item 9.4.4
OMC 27 March 2014 Item 9.4.4
Under section 5.42 of the Local Government Act 1995 (the Act), a Local Government may delegate to the Chief Executive Officer any of its powers or the discharge of any of its duties under the Local Government Act 1995, other than those prescribed under section 5.43 and any of its duties under the Planning and Development Act 2005 section 214(2)(3) or (5).
The purpose of delegating authority to the Chief Executive Officer is to provide for the efficient and orderly administration of the day to day functions of the Shire. The Chief Executive Officer exercises the delegated authority in accordance with the Instrument of Delegation Register and Council policies.
All delegations made by Council must be carried by an Absolute Majority and be in accordance with section 5.42 of the Act.
Section 5.18 and 5.46(2) of the Local Government Act 1995 requires that a Local Government keep a register of delegations of authority made under the Act and that these are reviewed at least once every financial year. Council do not currently delegate any powers or duties to Committees.
The Instrument of Delegation Register was last presented to Council for review on 27 March 2014.
COMMENT
The Chief Executive Officer,
Executive Management Group and responsible officers have reviewed the current
delegations. The Instrument of Delegation Register, with amendments
marked, forms an Attachment to this report. Additions or revisions are in
red and any text to be deleted is struck
through.
It is proposed that the following delegation be removed.
· Insurance, Public Liability Claims – to ensure consistency and provision of protection against a possible eventuality, all claims (potential or otherwise) against the Shire of Broome as a result of Public Liability are to be lodged with Council’s insurer, who will on behalf of the Shire of Broome, accept or reject a claim on an individual basis and indemnify the Shire of Broome from further recourse.
The existing instrument of delegation has the potential to expose Council to future liability in the event of a claim being accepted by the Shire of Broome, due to the value at the time being deemed below the Policy Excess threshold, leaving Council responsible for the claim (in its entirety) without recourse for indemnity. Accordingly, it is proposed this delegation be removed.
There are 3 proposed new delegations listed below which are also included in red in the attachment to this report. The existing delegations have been renumbered to allow for these inclusions.
· Built Strata Certificate of Approval – Form 26 – Every strata plan when lodged for registration is required to be accompanied by a certification of approval from the Western Australian Planning Commission (WAPC). The authority to issue the Certificate of Approval – Form 26 has been delegated under the Strata Title Act 1985 to Local Governments.
· Certifying Premise Complies with Planning Laws – Motor Vehicles – This delegation enables a Certificate of Planning Authority to be issued in accordance with the Motor Vehicle Repairers Act 2003.
· Write Off of Debts Up to $1,000 – This delegation will enable an efficient process to write off immaterial unrecoverable sundry or rates debts and penalty interest accrued on that debt of $1,000 and under. Currently all requests for bad debt write offs are presented to Council for consideration.
With the gazettal of Local Planning Scheme No 6 a further review of the Planning Delegations will be required. Any changes to these Delegations will be presented to Council at that time.
It should be noted that Section 5.44 of the Local Government Act 1995 allows for the Chief Executive Officer to sub-delegate to any employee of the Local Government the exercise of any of the Chief Executive Officer’s powers or the discharge of any of the Chief Executive Officer’s duties under the Act, other than the power of delegation. Sub delegations are included in the Shire of Broome Instrument of Delegation Register for consolidation purposes only and are not a matter for Council consideration.
CONSULTATION
Nil
STATUTORY ENVIRONMENT
Local Government Act 1995
5.42. Delegation of some powers and duties to CEO
(1) A local government may delegate* to the CEO the exercise of any of its powers or the discharge of any of its duties under —
(a) this Act other than those referred to in section 5.43; or
(b) the Planning and Development Act 2005 section 214(2), (3) or (5).
* Absolute majority required.
(2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.
5.43. Limits on delegations to CEO
A local government cannot delegate to a CEO any of the following powers or duties -
(a) any power or duty that requires a decision of an absolute majority or a 75% majority of the local government;
(b) accepting a tender which exceeds an amount determined by the local government for the purpose of this paragraph;
(c) appointing an auditor;
(d) acquiring or disposing of any property valued at an amount exceeding an amount determined by the local government for the purpose of this paragraph;
(e) any of the local government’s powers under section 5.98, 5.98A, 5.99, 5.99A or 5.100;
(f) borrowing money on behalf of the local government;
(g) hearing or determining an objection of a kind referred to in section 9.5;
(ha) the power under section 9.49A(4) to authorise a person to sign documents on behalf of the local government;
(h) any power or duty that requires the approval of the Minister or the Governor;
(i) such other powers or duties as may be prescribed.
5.44. CEO may delegate powers and duties to other employees
(1) A CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s duties under this Act other than this power of delegation.
(2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.
(3) This section extends to a power or duty the exercise or discharge of which has been delegated by a local government to the CEO under section 5.42, but in the case of such a power or duty —
(a) the CEO’s power under this section to delegate the exercise of that power or the discharge of that duty; and
(b) the exercise of that power or the discharge of that duty by the CEO’s delegate,
are subject to any conditions imposed by the local government on its delegation to the CEO.
(4) Subsection (3)(b) does not limit the CEO’s power to impose conditions or further conditions on a delegation under this section.
(5) In subsections (3) and (4) –
conditions includes qualifications, limitations or exceptions.
5.45. Other matters relevant to delegations under this Division
(1) Without limiting the application of sections 58 and 59 of the Interpretation Act 1984-
(a) a delegation made under this Division has effect for the period of time specified in the delegation or where no period has been specified, indefinitely; and
(b) any decision to amend or revoke a delegation by a local government under this Division is to be by an absolute majority.
(2) Nothing in this Division is to be read as preventing -
(a) a local government from performing any of its functions by acting through a person other than the CEO; or
(b) a CEO from performing any of his or her functions by acting through another person.
5.46. Register of, and records relevant to, delegations to CEO and employees
(1) The CEO is to keep a register of the delegations made under this Division to the CEO and to employees.
(2) At least once every financial year, delegations made under this Division are to be reviewed by the delegator.
(3) A person to whom a power or duty is delegated under this Act is to keep records in accordance with regulations in relation to the exercise of the power or the discharge of the duty.
Other statutes administered by local governments such as Planning and Development Act 2005, Building Act 2011, Health Act 1911, Food Act 2008, Cat Act 2011, Control of Vehicles (Off Road Areas) Act 1978, Caravan Parks and Camping Grounds Regulations 1997, Dog Act 1975 and Gaming and Wagering Commission Act 1987 also enable Local Governments to delegate specific functions and powers to Officers.
POLICY IMPLICATIONS
Relevant Policies are cross referenced throughout the Instrument of Delegation Register.
FINANCIAL IMPLICATIONS
Nil
STRATEGIC IMPLICATIONS
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
An organisational culture that strives for service excellence
Improved systems, processes and compliance
VOTING REQUIREMENTS
Absolute Majority
|
That Council adopts the reviewed delegations tabled within the attached Instrument of Delegation Register, noting: 1. the removal of the Insurance, Public Liability Claims delegation. 2. the inclusion of the following new delegations: a) Built Strata Certification of Approval – Form 24, b) Certificate of Premise Complies with Planning Laws – Motor Vehicles, and c) Write Off of Debts up to $1,000. |
|
Instrument of Delegation Register |
|
Item 9.4.2 - REVIEW OF DELEGATIONS OF AUTHORITY |
Instrument of Delegation Register |
Instrument of
Delegation
Register
Powers and Duties of the Council Delegated to the
Chief Executive Officer
All delegations are presented in accordance with Section 5.42 of the Local Government Act 1995 as amended or other statutes as applicable to specified officers. In accordance with Section 5.44 of the LGA 1995 as amended, sub-delegations are listed in this document for consolidation purposes only and are not a matter that are to be considered by Council.
Presentation to Council at the Ordinary Council Meeting
19 December 2014
Notice to Officers XX 2014
TABLE OF CONTENTS:
D.01 Activities Requiring Approval
D.02 Applications to Main Roads WA for the installation of Regulatory Signs
D.03 Appointment of Acting CEO
D.04 Authorised Persons - Building
D.05 Authorised Persons - Planning
D.06 Authority to Commence Prosecutions
D.07 Bank Guarantees and Performance Bonds
D.08 Breach of the Food Act 2008, Issuing an Infringement Notice
D.09 Breach of the Food Act 2008 - Withdrawal of Infringement Notice
D.10 Broome Recreation and Aquatic Centre – Trading hours, Extension of
D.11 Broome Recreation and Aquatic Centre Reserve Kiosk/Bar and the Glenn and Pat Medlend Pavilion – Special Event access
D.12 Broome Street Number Markers
D.13 Building Orders
D.14 Building Permit – Approve or Refuse
D.15 Building Permits, Refund of Building Permit Fees
D.16 Built Strata Certificate of Approval – Form 26
D.17 Camping, Approval to Camp in an Area other than a Caravan Park and Camping Ground. 37
D.18 Cape Leveque Road, Wet Season Closure and Load Limits
D.19 Caravan Parks, Licence
D.20 Certifying Premise Complies with Planning Laws
D.21 Certifying Premise Complies with Planning Laws – Motor Vehicles
D.22 Condom Trees
D.23 Council Chambers
D.24 Delegation to Change/Waive/Refund Planning Fees
D.25 Demolition Permit – Approve or Refuse
D.26 Determine Development Application (Interim Development Order 4)
D.27 Determine Development Application (Town Planning Scheme No 4)
D.28 Determine Development Application Where Development has Commenced (Interim Development Order 4)
D.29 Disposal and Acquisition of Assets (Other than Land)
D.30 Events in Public Places other than Roads and Hired Venues
D.31 Events on Roads
D.32 Execution of Documents – Authorisation without Common Seal
D.33 Extended Trading Permits
D.34 Food Act 2008 - Functions of Enforcement Agencies
D.35 Food Act 2008 - Registration of Food Businesses
D.36 Food Act 2008 - Variation of Conditions or Cancellation of Registration of Food Businesses
D.37 Gaming and Wagering, Applications & Renewals
D.38 Impounded Vehicles
D.39 Insurance
D.40 Insurance, Public Liability Claims
D.41 Investment of Surplus Funds
D.42 Issue of Prohibition Order
D.43 Issue of Stop, Direction, Works Notices - Planning
D.44 Keeping of 3-6 Dogs Policy
4.5.4
D.45 Licence to Deposit
Materials on or Excavate Adjacent to a Street Permission to construct on, over or
under a public thoroughfare or public place
D.46 Liquor, Sale and Consumption – Council Property
D.47 Local Government (Uniform Local Provisions) Regulations 1996, Consent Permission or Approvals
D.48 Management Orders, Acceptance of
D.49 Municipal / Trust Fund, Authorisation of Payments, including Creditors
D.50 Occupancy Permit & Building Approval Certificates - Extension of Duration. 104
D.51 Occupancy Permits & Building Approval Certificates – Issue of
D.52 Operational – Authorised Officers, Appointment of
D.53 Operational – Authorised Officers, Appointment of for the Purposes of Administering the Food Act 2008
D.54 Operational – Authorised Officers (Cat Act 2011), Appointment of
D.55 Operational – Community Sponsorship Program
D.56 Operational – Contract Price Variations
D.57 Operational – Designated Officer, Appointments of for the Purposes of Administering the Food Act 2008
D.58 Operational – Designated Persons (Planning) for issuing of Infringement Notices
D.59 Operational – Legal Representation, Costs Indemnification
D.60 Operational – Prosecution of Offences
D.61 Outdoor Dining Licenses
D.62 Permits, Road Trains and Extra Mass
D.63 Powers and Functions Under the Health Act 1911 and Subsidiary Regulations, Local Laws and Orders made thereunder
D.64 Private Works
D.65 Purchase Orders, Issue of
D.66 Rates and Service Charges
D.67 Rates and Service Charges,
- Agreements
D.68 Rates, Unpaid – Power for Sale
D.69 Rating and Service Charges, Caveat
D.70 Rating and Service Charges, Legal Action for Recovery
D.71 Records Destruction Approval Lists
D.72 Recovery of Rates and Service Charges – Leased Properties
D.73 Road Closures, General and Temporary
D.74 Roads, Sand, Silt and Other Soil Material - Removal from Shire Roads
D.75 Strata Titles, Certificate of Approval
D.76 Strata Titles, Issue of an Occupancy Permit Strata or Building Approval Certificate Strata for registration of strata scheme, plan of re-subdivision
D.77 Subdivision and Amalgamation Applications
D.78 Subdivision Clearance
D.79 Submit Responsible Authority Report (Town Planning Scheme No 4 & Interim Development Order No 4))
D.80 Tenders, Decision to Invite
D.81 Town Planning, Detailed Area Plans - Variation
D.82 Town Planning, Directions to comply with Scheme or Interim Development Order (IDO). 168
D.83 Trading Approvals, Suspension of
D.84 Trading, Outdoor Dining and Street Entertainment
D.85 Vehicular Access to Prohibited Areas of Cable Beach
D.86 Venue and Facility Hire – Broome Civic Centre
D.87 Venue and Facility Hire – Broome Recreation and Aquatic Centre
D.88 Venue Hire – Cable
Beach Amphitheatre, Town Beach, Concourse - Male and Haynes Ovals, Glen
& Pat Medlend Pavilion, Father McMahon Sports Field and Joseph Nipper Roe
Sports Field
D.89 Write Off of Debts Up to $1,000
D.01 Activities Requiring Approval
Head of Power Local Government Act 1995
Power/Duty Delegated
|
Part |
3 – Functions of local governments |
|
Division |
2 – Legislative functions of local governments |
|
Section |
3.5 – Legislative power of local governments |
|
Sub section |
1 |
|
Local Law |
Shire of Broome Local Government Property and Public Places Local Law 2012 (or as amended) Clause 3.3 |
|
Relevant Policies |
4.5.1 – Commercial Camel Activities on Cable Beach 4.5.2 – Horses on Cable Beach |
Detail of delegation
The Chief Executive Officer is delegated authority to approve activities on any local government property or public place within the Broome town site area in accordance with the local law.
Conditions Imposed
Sub-delegation Permitted Yes
Sub-delegated to Deputy Chief Executive Officer
Director Development Services
Director Engineering Services
Manager
Law Enforcement and Compliance
Manager Health & Ranger Services
Manager Planning Services
Manager Community Development
Record requirements Documentation to be placed on file and in the delegated authority register
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.02 Applications to Main Roads WA for the installation of Regulatory Signs
Head of Power Local Government Act 1995
Power/Duty Delegated
|
Part |
5 |
|
Division |
4 |
|
Section |
5.42 Delegation of some powers and duties to CEO |
|
Sub section |
|
|
Local Law |
Nil |
|
Relevant Policies |
3.1.11 Advisory Signs – MRWA Delegation |
Detail of delegation
The Chief Executive Officer is delegated authority to make application to Main Roads Western Australia for the installation of stop, give-way, roundabout signs and all ‘regulatory’ signs at such places as the CEO considers warranted.
Conditions Imposed
The Chief Executive Officer is to take into consideration the road safety aspects, plans and AS/NZ 1742.
Sub-delegation Permitted Yes
Sub-delegated to Director Engineering Services
Manager Asset and Design
Record requirements Documentation to be placed on the road file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.03 Appointment of Acting CEO
Head of Power Local Government Act 1995 – section 5.42
Power/Duty Delegated
|
Part |
5 Administration |
|
Division |
4 – Local government employees |
|
Section |
5.36 – Local government employees |
|
Sub section |
(1) |
|
Local Law |
Nil |
|
Relevant Policies |
Nil |
Detail of delegation
Council delegates to the Chief Executive Officer the power under section 5.36(1) of the Local Government Act 1995 to appoint an employee of the Shire of Broome to be the Acting Chief Executive Officer for a period of absence of the Chief Executive Officer of not greater than 30 days.
Conditions Imposed
1. The Chief Executive Officer must be satisfied that the person appointed as Acting CEO is suitably qualified for the position (refer to section 5.36(2)(a) of the Local Government Act.
2. The Chief Executive Officer must advise Council when an appointment is made.
Sub-delegation Permitted No
Sub-delegated to N/A
Record requirements The Chief Executive Officer is to ensure that an appropriate record is kept of all appointments to Acting CEO via the Higher Duties Official documentation. The original documentation to be placed on relevant staff members personnel file.
Reporting requirements The Chief Executive Officer to provide written advice to Councillors when this delegation is exercised.
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.04 Authorised Persons - Building
Head of Power Building Act 2011 (Section 96)
Power/Duty Delegated
|
Part |
8, Enforcement |
|
Division |
2 Authorised Persons |
|
Section |
96 Authorised Persons |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to appoint authorised persons under Section 96.
Conditions Imposed
Nil
Sub-delegation
Permitted No
Sub-delegated to N/A
Authorised Persons Director Development Services
Manager Building Services
Manager Law Enforcement and
Compliance Health and Ranger Services
Building Surveyor(s)
Building Technical Officer
Designated swimming pool inspector
Consultant/Contract Building Surveyor employed by Council on an “as required basis”
Record requirements ID cards and Personal files.
Reporting requirements Information to be kept up to date on the Authorised Persons Register
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.05 Authorised Persons - Planning
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Planning and Development Act 2005
Town Planning Scheme No 4 (section 11.1.1)
Power/Duty Delegated
|
Part |
Part 11 – Enforcement and Administration |
|
Division |
|
|
Section |
11.1.1 |
|
Sub section |
c) |
|
Local Law |
Nil |
|
Relevant Policies |
Local Planning Policy 8.13 - Compliance |
Detail of delegation
The Chief Executive Officer delegates authority to enter any building or land for the purpose of ascertaining whether the provisions of the Town Planning Scheme No 4 are being observed.
Conditions Imposed
The Chief Executive Officer is to have regard to Local Planning Policy 8.13 - Compliance.
Sub-delegation
Permitted No
Sub-delegated to N/A
Authorised Persons Director Development Services
Manager Planning Services
Manager
Law Enforcement & Compliance Health &
Rangers
Senior
Planning Officer Statutory Planning Coordinator
Planning Officer
Record requirements Documentation to be placed on property file and in the information bulletin
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.06 Authority to Commence Prosecutions
Head of Power Building Act 2011 (127)
Power/Duty Delegated
|
Part |
12 Legal Proceedings |
|
Division |
1 General provisions about legal proceedings |
|
Section |
133 & Prosecutions |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to commence prosecutions pursuant to section 133 of the Building Act 2011.
Conditions Imposed
Nil
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Building Services
Record requirements Documentation to be placed on relevant property / prosecution / legal file.
Reporting requirements To be reported when action is taken, in the monthly Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.07 Bank Guarantees and Performance Bonds
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Power/Duty Delegated
|
Part |
5 |
|
Division |
4 |
|
Section |
5.42 Delegation of some powers and duties to CEO |
|
Sub section |
Financial Mgmt Regs 3 to 10 |
|
Local Law |
Nil |
|
Relevant Policies |
Local Planning Policy 8.2 - Bonds and/or Bank Guarantees |
Detail of delegation
The Chief Executive Officer delegates authority to determine and negotiate bank guarantees or bonds relating to subdivisions or development conditions.
Conditions Imposed
The Chief Executive Officer is to have regard to Local Planning Policy 8.2 - Bonds and/or Bank Guarantees.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Director Engineering Services
Manager Asset and Design
Manager Planning Services
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.08 Breach of the Food Act 2008, Issuing an Infringement Notice
Head of Power Food Act 2008, Section 126
Power/Duty Delegated
|
Part |
11 |
|
Division |
4 |
|
Section |
126 |
|
Sub section |
2 |
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Manager Health & Ranger Services is delegated authority as a ‘Designated Officer’ to issue an Infringement Notice for a breach of the Food Act 2008.
Conditions Imposed
This person is prohibited by the Food Act 2008 from withdrawing an Infringement Notice.
Sub-delegation Permitted Yes
Sub-delegated to Senior Environmental Health Officer
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.09 Breach of the Food Act 2008 - Withdrawal of Infringement Notice
Head of Power Food Act 2008, Section 126
Power/Duty Delegated
|
Part |
11 |
|
Division |
4 |
|
Section |
126 |
|
Sub section |
13 |
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to withdraw an Infringement Notice issued for a breach of the Food Act 2008.
Conditions Imposed
To carry out the provisions of Section 126 (6) and (7) of the Food Act 2008.
These persons are prohibited by the Food Act 2008 from serving an Infringement Notice.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.10 Broome Recreation and Aquatic Centre – Trading hours, Extension of
Head of Power Local Government Act 1995 (Section 5.42)
Power/Duty Delegated
|
Part |
5 |
|
Division |
4 Local Government Employees |
|
Section |
5.42 Delegation of some powers and duties to the CEO |
|
Sub section |
|
|
Local Law |
Nil |
|
Relevant Policies |
Nil |
Detail of delegation
The Chief Executive Officer is delegated authority to approve extension of these trading hours for special and/or extraordinary events subject to all costs for extra staff, security, waste removal, cleaning and any other costs being covered by the users/customers.
Conditions Imposed
The Chief Executive Officer is to have regard to both the wet season and dry season trading hours for the Broome Recreation and Aquatic Centre.
Sub-delegation Permitted Yes
Sub-delegated to Deputy Chief Executive Officer
Manager Community Development
Manager Broome Recreation and Aquatic Centre
Record requirements Documentation to be placed on file and in the delegated authority register
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.11 Broome Recreation and Aquatic Centre Reserve Kiosk/Bar and the Glenn and Pat Medlend Pavilion – Special Event access
Head of Power Local Government Act 1995 (Section 5.42)
Power/Duty Delegated
|
Part |
5 |
|
Division |
4 Local Government Employees |
|
Section |
5.42 Delegation of some powers and duties to the CEO |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
4.2.5 – Alcohol Management 5.2.3 – Safe Alcohol Policy – Liquor License Trading at the Broome Recreation and Aquatic Centre |
Detail of delegation
The Chief Executive Officer is delegated authority to approve access to the Broome Recreation and Aquatic Centre Reserve’s kiosk/bar and the Glenn and Pat Medlend Pavilion for special events that are in the public interest, within liquor licence specifications, and financially viable.
Conditions Imposed
The Chief Executive Officer is to have regard to the Liquor Licensing Act 1988
and the Shire of Broome Policies 4.2.5 - Alcohol Management and 5.2.3 - Safe Alcohol Policy – Liquor License Trading at the Broome Recreation and Aquatic Centre.
Sub-delegation Permitted Yes
Sub-delegated to Deputy Chief Executive Officer
Manager Community Development
Manager Broome Recreation and Aquatic Centre
Record requirements Documentation to be placed on file and in the delegated authority register
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.12 Broome Street Number Markers
Head of Power Local Government Act 1995
Power/Duty Delegated
|
Part |
3 |
|
Division |
3 |
|
Section |
3.54 Reserves under control of a local government |
|
Sub section |
|
|
Local Law |
Nil |
|
Relevant Policies |
Nil |
Detail of delegation
The Chief Executive Officer is delegated authority to have installed new street house-numbers, remarks or changes to existing numbers to be painted on existing on-street kerbing, utilising Council staff, contract or other organisation (such as the Department of Corrective Services).
Conditions Imposed
Sub-delegation Permitted Yes
Sub-delegated to Director Engineering Services
Manager Engineering Operations
Manager Asset & Design
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.13 Building Orders
Head of Power Building Act 2011 (Section 127)
Power/Duty Delegated
|
Part |
8 Enforcement |
|
Division |
5 Building orders |
|
Section |
110 Building orders 117 Revocation of building order |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is the delegated authority:
1) To make Building Orders pursuant to section 110 of the Building Act 2011
2) Revoke Building Orders pursuant to section 117 of the Building Act 2011.
Conditions Imposed
Nil
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Building Services
Record requirements Documentation to be placed on building/property/legal file and in the information bulletin
Reporting requirements To be reported in the monthly Information Bulletin when a Building Order has been issued.
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.14 Building Permit – Approve or Refuse
Head of Power Building Act 2011 (Section 127)
Power/Duty Delegated
|
Part |
2 Building & demolition permits |
|
Division |
2 Application for building or demolition permits |
|
Section |
20, 22, 23, 24 |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to:
1) Under Section 20 to grant a building permit.
2) Under Section 22 not grant a building permit.
3) Under Section 23 approve or refuse an uncertified application within the required time frame.
4) Under Section 24 record decision not to grant a building permit.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Building Services
Building Surveyor(s)
Consultant/Contract Building Surveyor employed by Council on an “as required basis”
Record requirements Documentation to be placed on the building file and in the information bulletin
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.15 Building Permits, Refund of
Building Permit Fees
Head of Power Local Government Act 1995
Power/Duty Delegated Administrative
|
Part |
N/A |
|
Division |
N/A |
|
Section |
N/A |
|
Sub section |
N/A |
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is already authorised to carry out a range of administrative functions, which would include a refund of fees paid for the issue of the building licence.
This instrument authorises a refund of fees if:
(i) The officer is satisfied that a refusal would cause hardship to the owner or builder, and/or
(ii) An incorrect fee was paid as a result of an administrative error by a Shire officer.
In all other cases a refund is to be refused.
Conditions Imposed
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Building Services
Record requirements Documentation to be placed on the building & property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.16 Built Strata Certificate of Approval – Form 26
Head of Power Strata Title Act 1985
Planning and Development Act 2005
Power/Duty Delegated
|
Part |
2 Strata Schemes and Survey Strata Schemes |
|
Division |
3 Creation of lots and common property |
|
Section |
25 Certificate of Commission |
|
Sub section |
Nil |
|
Local Law |
Nil |
|
Relevant Policies |
Nil |
Detail of delegation
The Chief Executive Officer is delegated authority to under the Strata Title Act 1985 to issue a certificate of approval (Form 26).
Conditions Imposed
Any applications are to be in accordance with Town Planning Scheme No 4 or Interim Development Order No 4.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Planning Services
Statutory Planning Coordinator
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.17 Camping, Approval to Camp in an Area other than a Caravan Park and Camping Ground
Head of Power Caravan Parks and Camping Grounds Regulations 1997, Section 11
Power/Duty Delegated
|
Part |
2 |
|
Division |
|
|
Section |
|
|
Sub section |
2 (c) (ii) |
|
Local Law |
|
|
Relevant Policies |
4.2.10 – Approval to Camp for Up to 3 months in Areas Other Than Caravan Parks & Camping Grounds |
Detail of delegation
The Chief Executive Officer is delegated authority to approve camping on land other than a licenced caravan park.
Conditions Imposed
Approval may be considered for up to 3 months in areas other than Caravan Parks and Camping grounds and must be in accordance with Policy 4.2.10 Approval to Camp for Up to 3 months in Areas Other Than Caravan Parks & Camping Grounds.
Approval may be considered for up to 12 months where a current building licence for the dwelling, a concrete slab or equivalent has been laid and approval will not be granted within the Broome townsite and must be in accordance with Policy 4.2.10 Approval to Camp for Up to 3 months in Areas Other Than Caravan Parks & Camping Grounds.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Health & Ranger Services
Senior
Co-ordinator Environmental Health Officer
Record requirements Documentation to be placed on file and in the delegated authority register
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.18 Cape Leveque Road, Wet Season Closure and Load Limits
Head of Power Local Government Act 1995
Power/Duty Delegated
|
Part |
Part 3 |
|
Division |
2 |
|
Section |
Subdivision 5 |
|
Sub section |
3.50 |
|
Local Law |
10.1 Notice to repair damage to thoroughfare 10.2 Act and Regulations deal with closing of thoroughfares 10.3 No access without consent |
|
Relevant Policies |
3.1.22 – Closure of Unsealed Roads Due to Wet Weather |
Detail of delegation
The Chief Executive Officer is delegated authority to grant permits for the section of the Broome – Cape Leveque Road from the end of the bitumen south of the Manari Road turn off to the start of the northern most sealed section near Beagle Bay to all classes of vehicles of gross mass (GVM) 11 tonnes or more, for the period from 1st Dec to 31st March; each year;
That permits only be issued for heavy vehicles in excess of 11 tonne GVM and assessed as providing “essential” transport under the conditions outlined below.
Conditions Imposed
Authority to grant permits is subject to the following conditions:
· Bogie Drive vehicles allowed only, rigid truck, B - Double or rigid truck and single trailer combination;
· Road Train trip requests to be considered on their merits and be subject to appropriate conditions;
· One trip per week only, unless a special permit is provided by the Chief Executive Officer;
· Each trip cannot commence before confirmation by the Shire that substantial rain has not occurred on the road within the 48 hours preceding the trip and that clear weather is forecast;
· If substantial rain has occurred or is occurring, the vehicle will have to wait until cleared by the Shire;
· No responsibility will be taken by the Shire to recover bogged or disabled vehicles and any damages caused by any ‘permit’ vehicles may be chargeable to the permit holders, depending on circumstances at the time;
· The permit can be cancelled at any time at the discretion of the Chief Executive Officer, if circumstances warrant;
· These conditions may be varied at the discretion of the Chief Executive Officer based on a risk assessment basis.
Sub-delegation Permitted Yes
Sub-delegated to Director Engineering Services
Manager Engineering Operations
Record requirements Register of all actions is maintained on the appropriate road file
Reporting requirements Schedule of approvals granted shall be provided to Council through the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.19 Caravan Parks, Licence
Head of Power Caravan Parks and Camping Act 1995, Section 7
Power/Duty Delegated
|
Part |
Part 2 |
|
Division |
1 |
|
Section |
7 |
|
Sub section |
4 and 5 |
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to grant, renew or refuse to grant or renew an application for licence of a caravan park and camping, transit park and nature based park.
Conditions Imposed
Authority to grant or renew or refuse to grant or renew a licence of a caravan park, camping ground, transit park or nature based park in accordance with the Caravan Parks and Camping Grounds Act 1995.
Sub-delegation Permitted Yes
Sub-delegated to Manager Health & Ranger Services
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.20 Certifying Premise Complies with Planning Laws
Head of Power Liquor Control Act 1988
Section 40
Power/Duty Delegated
|
Part |
3 – Licenses and permits |
|
Division |
2 - Licences |
|
Section |
40 - Certificate of planning authority as to whether use of premises complies with planning laws |
|
Sub section |
Nil |
|
Local Law |
Nil |
|
Relevant Policies |
Nil |
Detail of delegation
The Chief Executive Officer is delegated authority to under Liquor Control Act 1988 Section 40 – to issue a certificate of planning authority as to whether the use of the premises complies with planning laws
Conditions Imposed
Any applications are to be in accordance with Town Planning Scheme No 4 or Interim Development Order No 4.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Planning Services
Statutory Planning Coordinator
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.21 Certifying Premise Complies with Planning Laws – Motor Vehicles
Head of Power Motor Vehicle Repairers Act 2003
Power/Duty Delegated
|
Part |
2 Licensing of Motor Vehicle Repair Businesses |
|
Division |
2 Application for and grant of business licence |
|
Section |
13 Application Requirements |
|
Sub section |
Nil |
|
Local Law |
Nil |
|
Relevant Policies |
Nil |
Detail of delegation
The Chief Executive Officer is delegated authority to under the Motor Vehicles Repairs Act 2003 to issue a certificate of planning authority as to whether the use of the premises complies with planning laws.
Conditions Imposed
Any applications are to be in accordance with Town Planning Scheme No 4 or Interim Development Order No 4.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Planning Services
Statutory Planning Coordinator
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.22 Condom Trees
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Power/Duty Delegated
|
Part |
3 |
|
Division |
3 |
|
Section |
3.54 Reserves under control of a local government |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to approve other applications for condom trees.
Conditions Imposed
Sub-delegation Permitted Yes
Sub-delegated to Manager Health & Ranger Services
Senior
Co-ordinator Environmental Health Officer
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.23 Council Chambers
Head of Power Local Government Act 1995
Power/Duty Delegated
|
Part |
5 |
|
Division |
4 |
|
Section |
5.42 Delegation of some powers and duties to CEO |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to the use of the Council Chambers for functions and meetings, other than Council related functions and meetings, when special circumstances exist.
Conditions Imposed
The Chief Executive Officer is to liaise with the Shire President in regard to these bookings.
Sub-delegation Permitted Yes
Sub-delegated to Director Corporate Services
Record requirements To be recorded in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.24 Delegation to Change/Waive/Refund Planning Fees
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Planning & Development Regulations 2009
Power/Duty Delegated
|
Part |
7 - Local government planning charges |
|
Division |
2 - Fees and other charges |
|
Section |
48A – Fees for DAP applications 48 – Fees for Scheme Amendments and structure plans (Sch 3 & 4) 49 – Additional costs and expenses payable by applicants 52 – Local government may wavier or refund fees |
|
Sub section |
Nil |
|
Local Law |
Nil |
|
Relevant Policies |
Local Planning Policy 8.14 - Refunding and Waiving/Reducing of Planning Fees |
Detail of delegation
Under section 5.42 Local Government Act 1995 the Chief Executive Officer is delegated the exercise of powers and discharge of duties under sections 48, 49, & 52 of the Planning & Development Regulation 2009; to change, waive or refund planning fees.
Conditions Imposed
Refunding of fees/waiver thereof must be in accordance with a Council adopted Policy and schedule of fees and changes.
Sub-delegation Permitted Yes
Sub-delegated to Director of Development Services
Manager Planning Services
Statutory Planning Coordinator
Record requirements Documentation to be placed on property or subdivision file and in the information bulletin
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.25 Demolition Permit – Approve or Refuse
Head of Power Building Act 2011 (Section 127)
Power/Duty Delegated
|
Part |
2 Building and demolition permits |
|
Division |
2 Application for building or demolition permits |
|
Section |
21, 22, 23, 24 |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to:
1. Under Section 21 grant a demolition permit.
2. Under Section 22 not grant a demolition permit.
3. Under Section 23 approve or refuse an uncertified application within the required time frame.
4. Under Section 24 record decision not to grant a demolition permit
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Building Services
Building Surveyor(s)
Consultant/Contract Building Surveyor employed by Council on an “as required basis”
Record requirements Documentation to be placed on the building file and in the information bulletin
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.26 Determine Development Application (Interim Development Order 4)
Head of Power Local Government Act 1995 (sections 5.42 &5.44)
Planning and Development Act 2005
Power/Duty Delegated
|
Part |
10 Subdivision and development control |
|
Division |
5 Development controls |
|
Section |
164 No development except with approval |
|
Sub section |
4 |
|
Local Law |
Nil |
|
Relevant Policies |
Local Planning Policy (LLP) 8.8 – Transient Workers Accommodation 8.17 - Signs |
Detail of delegation
Pursuant to the Local Government Act 1995, section 5.42, the Chief Executive Officer is delegated the following powers and discharge of duties to determine any applications pursuant to section 164 of the Planning & Development Act 2005, under Interim Development Order No. 4 (IDO 4):
1. Make determinations on the sufficiency of information provided with applications for planning consent pursuant to clause 4(A) and 4(B) of IDO 4.
2. Determine applications pursuant to clause 4 and 5 of IDO 4 for planning approval or refusal including:
a. Any conditions to be imposed;
b. The period of validity; and
c. The scope of the planning approval.
3. Prescribe, vary, specify and determine requirements, standards or limitations which may be prescribed, varied, specified or determined under IDO 4 with respect to the use or development of land or buildings.
4. Determine land use/development pursuant to clause 3 of IDO 4.
5. Make any determination & exercise any discretionary powers contained in IDO 4.
Conditions Imposed
1. Authority only to be exercised following appropriate consideration of the matters listed in 4A Matters to be considered by Council” of IDO 4.
2. Appropriate consultation has to be conducted, delegation can be exercised where concerns raised through consultation is not relevant planning consideration or where concerns can be addressed by way of conditions or mitigated design. Where concerns raised cannot be addressed or mitigated through conditions a report to Council shall be prepared.
3. Delegation can only be exercised to the extent that the IDO 4 or Council Policy provides for variations, where variation to Council policy is proposed a report will be prepared to Council.
Sub-delegation Permitted Yes
Sub-delegated to Director of Development Services
Manager
Planning Services; apart from Delegation
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.27 Determine Development Application (Town Planning Scheme No 4)
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Town Planning Scheme No 4 (Part 11 Section 11.2)
Power/Duty Delegated
|
Part |
3, 4, 5, 7, 8, 10 |
|
Division |
|
|
Section |
|
|
Sub section |
4.3, 4.7, 4.8, 4.25.5, 5.4, 5.5, 5.9, 5.11, 5.12, 5.13, 7.5, 8.2, 8.3, 8.4, 9.2, 9.3, 9.4, 10.3, 10.5, 10.9 |
|
Local Law |
Nil |
|
Relevant Policies |
4.1.2 – Industrial Building, Caretaker’s Dwelling and Attached Offices 4.1.3 – Bed & breakfast Accommodation 4.1.10 – Tourist Accommodation Developments (Excluding caravan Parks) within the Tourist Zone 4.1.16 – Sail and Shade Structures (including Solar Control) - Concessions for Planning and building Approvals 4.1.17 – Residential design Codes 2002 – regional Exceptions 4.1.18 – Residential Design Codes 2002 – Clause 3.8 – Privacy Requirements in relation to Screening
Local Planning Policy (LLP) 8.1 – LPP for the Provision and Development of Open Space Reserves managed by the Shire of Broome 8.4 – Additional Accommodation in General Rural, Rural Agricultural and Rural Living Zone 8.5 – Shipping and / or Storage Containers 8.6 – Municipal Heritage Inventory – Development of Listed Places 8.7 – Sprinkler and Hydrant Water Tanks 8.8 – Transient Workers Accommodation 8.9 – Cash In Lieu of Car Parking – Town Centre Chinatown Zone 8.10 – Parking, Storage, Crossover and Drainage Standards for Planning Applications 8.11 – Satellite Dishes, Masts and Antennas 8.12 – Fences within the Townsite of Broome 8.15 – Planning Approvals – Amendments/extensions to Term of Approval and Requests for Further Information 8.16 – Parking – Car, Motorcycle, Bicycle 8.17 - Signs 8.19 – Telecommunications Infrastructure |
Detail of delegation
Pursuant to Clause 11.2.1 of Town Planning Scheme No 4 (TPS) and the Local Government Act 1995, section 5.42, the Chief Executive Officer is delegated the following powers and discharge of duties under TPS 4:
1. Make determinations on the sufficiency of information provided with applications for planning consent pursuant to clause 9.2 and 9.3 of TPS 4.
2. Advertise and provide notice of applications for planning approval or consent pursuant to clause 9.4 of TPS 4.
3. Determine applications pursuant to Part 10 of TPS 4 for planning approval or refusal including:
a. Any conditions to be imposed;
b. The period of validity; and
c. The scope of the planning approval.
4. Allow for the extension of the term of any planning approved in accordance with 10.5.
5. Determine applications where variations to Development Requirements of TPS 4 pursuant to clauses 4.7 (Extension of Non-Conforming Use), 4.8 (Change of Non-Conforming Use), 5.4 (Variation to Site and Development Requirements), 5.5 (Car Parking), 5.9 (Height of Buildings), 5.10 (Broomestyle Architecture of Buildings), 5.11 (Landscaping and Existing Trees), 5.12 (Subdivision and Development Requirements), and 5.13 (Control of Advertisements) are proposed.
6. Any matter described in the Residential Design Codes including variations and determinations under performance criteria.
7. Prescribe, vary, specify and determine requirements, standards or limitations which may be prescribed, varied, specified or determined under the Scheme with respect to the use or development of land or buildings.
8. Determine any works that are temporary and in existence longer than 48 hours pursuant to clause 8.2(e) of TPS 4
9. Determine any amendment applications pursuant to clause 8.3 (Amending or Revoking Planning Approval) of TPS 4.
10. Determine any retrospective applications pursuant to clause 8.4 (Unauthorised Existing Developments) of TPS 4.
11. Make determinations to vary provisions pursuant to clause 7.5 of TPS 4 to facilitate the conservation of a place entered in the Register of Places under the Heritage of Western Australia Act 1990 or Listed in the Heritage List under Clause 7.1.1 of TPS 4.
11. Determine land use pursuant to clause 4.3 of TPS 4.
12. Determining Applications in accordance with Development plans pursuant to clause 4.25.5.
13. In accordance with clause 10.9 agree to the extension of the Deemed Refusal time frame.
14. Make
determinations to vary provisions pursuant to clause 7.5 of TPS 4 to facilitate
the conservation of a place entered in the register of places under the
Heritage of Western Australia Act 1990 or Listed in the heritage list under
Clause 7.1.1 of TPS 4.
15. Make any determination and exercise any discretionary powers contained in TPS 4 and its Schedules
16. Determine the land use pursuant to clause 4.3 of TPS 4
17. Determining
Applications in accordance with Development plans pursuant to clause 4.25.5
18. In accordance with clause 10.9 agree to the extension of the Deemed Refusal time frame
Conditions Imposed
Authority only to be exercised following appropriate consideration of the matters listed in Clause 10.2 of the TPS 4.
1. Appropriate consultation has to be conducted, delegation can be exercised where concerns raised through consultation is not relevant planning consideration or where concerns can be addressed by way of conditions or mitigated design. Where concerns raised are relevant planning considerations that cannot be addressed or mitigated through conditions a report to Council shall be prepared.
2. Delegation can only be exercised to the extent that the Scheme or Council Policy provides for variations, where variation to Council policy is proposed a report will be prepared to Council.
Sub-delegation Permitted Yes
Sub-delegated to Director of Development Services
Manager Planning
Services; apart from Delegation 8 and 15.
14
Statutory Planning Coordinator; apart from Delegations 5, 7, 8, 11, and 14
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting
requirements To be reported
monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.28 Determine Development Application Where Development has Commenced (Interim Development Order 4)
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Planning & Development Act 2005
Power/Duty Delegated
|
Part |
10 – Subdivision and development control |
|
Division |
5 Development controls |
|
Section |
164 Development may be approved if commenced |
|
Sub section |
4 |
|
Local Law |
Nil |
|
Relevant Policies |
Nil |
Detail of delegation
Pursuant to the Local Government Act 1995, section 5.42, the Chief Executive Officer is delegated the following powers and discharge of duties to determine any retrospective applications pursuant to section 164 of the Planning & Development Act 2005, under Interim Development Order No. 4 (IDO4):
Conditions Imposed
1. Authority only to be exercised following appropriate consideration of the matters listed in 4A ‘Matters to be considered by Council’ of IDO4.
2. Appropriate consultation has to be conducted, delegation can be exercised where concerns raised through consultation is not relevant planning consideration or where concerns can be addressed by way of conditions or mitigated design. Where concerns raised cannot be addressed or mitigated through conditions a report to Council shall be prepared.
3. Delegation can only be exercised to the extent that the IDO4 or Council Policy provides for variations, where variation to Council policy is proposed a report will be prepared to Council.
Sub-delegation Permitted Yes
Sub-delegated to Director of Development Services
Manager Planning Services
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.29 Disposal and Acquisition of Assets (Other than Land)
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Power/Duty Delegated
|
Part |
3 Functions of local governments |
|
Division |
3 Executive functions of local governments |
|
Section |
3.58 Disposing of Property |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
3.1.18 Disposal of Assets 1.2.9 Local Regional Price Preference 2.3.7 Purchasing |
Detail of delegation
The Chief Executive Officer is delegated authority to acquire or dispose of Shire assets (other than land) by public tender, expressions of interest or public auction valued at an amount not exceeding $100,000
Conditions Imposed
The delegation shall be exercised provided that appropriate provision is made in Council’s Budget.
Sub-delegation Permitted Yes
Sub-delegated to Deputy Chief Executive Officer
Director Engineering Services
Director Corporate Services
Director Development Services
Executive Officer
In accordance with values endorsed by the Chief Executive Officer.
Record requirements The Chief Executive Officer is to ensure that an appropriate record is kept of all proposals to dispose of property in a register of property disposal.
Reporting requirements The Chief Executive Officer is to inform the Council of the detail of all acquisitions or disposals under this delegation.
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.30 Events in Public Places other than Roads and Hired Venues
Head of Power Local Government Act 1995 (Section 3.54)
Power/Duty Delegated
|
Part |
3 |
|
Division |
3 |
|
Section |
3.54 Reserves under control of a local government |
|
Sub section |
|
|
Local Law |
Local Government Property and Public Places Local Law 2012 Part 5 – Hiring of Local Government Property |
|
Relevant Policies |
5.1.11 Events |
Detail of delegation
The Chief Executive Officer is delegated authority to authorise events in public places subject to Local Law.
Where appropriate and where the event will impact upon a public road the requirements of the Traffic Management for Events Code of Practice shall be adhered to.
Conditions Imposed
The Chief Executive Officer shall have regard to Local Government Property and Public Places Local Law and the Shire’s Events Policy 5.1.11.
Detail of delegation
Sub-delegation Permitted Yes
Sub-delegated to Deputy Chief Executive Officer
Director Development Services
Director Engineering Services
Manager
Law Enforcement and Compliance Health &
Rangers
Manager Community Development
Record requirements Documentation to be placed on file and in the delegated authority register
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.31 Events on Roads
Head of Power Local Government Act 1995
Power/Duty Delegated
|
Part |
3 |
|
Division |
3 |
|
Section |
3.50 Closing certain thoroughfares to vehicles |
|
Sub section |
|
|
Local Law |
10.1, 10.2 , 10.3 |
|
Relevant Policies |
3.1.20 Traffic Management for Events |
Detail of delegation
The Chief Executive Officer is delegated authority to determine applications for the temporary closure of roads for the purpose of conducting events in accordance with the Traffic Management for Events Code of Practice and the Road Traffic (Events on Roads) Regulations 1991.
Conditions Imposed
The Chief Executive Officer shall have regard to Section 3.50 of the Local Government Act 1995 and Policy 3.1.14 Events on Roads.
Sub-delegation Permitted Yes
Sub-delegated to Director Engineering Services
Manager Engineering Operations
Manager Asset & Design
Record requirements Documentation to be placed on road file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.32 Execution of Documents – Authorisation without Common Seal
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Power/Duty Delegated
|
Part |
9 – Miscellaneous Provision |
|
Division |
3 – Documents |
|
Section |
9.49A Execution of Documents |
|
Sub section |
(4) |
|
Local Law |
Nil |
|
Relevant Policies |
Nil |
Detail of delegation
Council delegates authority to the Chief Executive Officer to sign certain documents on behalf of the Shire of Broome.
Conditions Imposed
This delegation is specific to documents that are necessary or appropriate for the Chief Executive Officer to sign in carrying out of his/her functions under any written law or in accordance with Section 5.41 of the Local Government Act 1995.
The document must be consistent with a Council Policy or resolution.
In addition, the document to be executed must be consistent with approved expenditure contained within the adopted Annual Budget or in accordance with Section 6.8 of the Local Government Act 1995.
This delegation does not apply to the execution of documents that require affixing of the Common Seal of the Shire of Broome.
Sub-delegation Permitted Yes
Sub-delegated to Deputy Chief Executive Officer
Record requirements Documentation to be placed on the relevant subject file.
Reporting
requirements To be reported monthly in
the Information Bulletin, or to be included in the Accounts for Payment and
presented to Council via the Ordinary Council Meeting as appropriate.
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.33 Extended Trading Permits
Head of Power Liquor Control Act 1998, Section 64
Power/Duty Delegated
|
Part |
3 |
|
Division |
6 |
|
Section |
64 Power of licensing authority to impose, vary or cancel |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to determine, support or otherwise applications for extended trading for licensed premises.
Conditions Imposed
The Chief Executive Officer shall determine the need for a road traffic management plan and litter control plan prior to granting approval.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Health & Ranger Services
Senior
Co-ordinator Environmental Health Officer
Record requirements Documentation to be placed on property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.34 Food Act 2008 - Functions of Enforcement Agencies
Head of Power Food Act 2008, Section 118
Power/Duty Delegated
|
Part |
10 |
|
Division |
2 |
|
Section |
118 |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to perform the functions in relation to the administration of the Food Act 2008 that are delegated to the enforcement agency in accordance with this Act.
Conditions Imposed
Sub-delegation Permitted Yes
Sub-delegated to Manager Health & Ranger Services
Senior
Co-ordinator Environmental Health Officer
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.35 Food Act 2008 - Registration of Food Businesses
Head of Power Food Act 2008, Section 110
Power/Duty Delegated
|
Part |
9 |
|
Division |
|
|
Section |
110 |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to register a food business in respect of any premises for the purposed of this Part of the Food Act 2008.
Conditions Imposed
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Health & Ranger Services
Senior
Co-ordinator Environmental Health Officer
Record requirements Documentation to be placed on the reserve file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.36 Food Act 2008 - Variation of Conditions or Cancellation of Registration of Food Businesses
Head of Power Food Act 2008, Section 112
Power/Duty Delegated
|
Part |
9 |
|
Division |
|
|
Section |
112 |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to vary the conditions of, or cancel, the registration of a food business in respect of any premises under this Part of the Food Act 2008.
Conditions Imposed
The registration of a food business may be cancelled on one or more of the following grounds –
1. any annual or other fee –
a. prescribed by the regulations in relation to the registration of the food business in respect of those premises has not been paid by the time the regulations require payment to be made; or
b. fee imposed by the appropriate enforcement agency in relation to the registration of the food premises has not been paid by the time the agency requires the payment to be made.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Health & Ranger Services
Senior
Environmental Health Officer
Record requirements Documentation to be placed on the reserve file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.37 Gaming and Wagering, Applications & Renewals
Head of Power Gaming and Wagering Commission Act 1987, Section 5.42
Power/Duty Delegated
|
Part |
5 |
|
Division |
4 Local Government Employees |
|
Section |
5.42 Delegation of some powers to CEO |
|
Sub section |
|
|
Local Law |
Nil |
|
Relevant Policies |
Nil |
Detail of delegation
The Chief Executive Officer is delegated authority to deal with applications and renewals under the Gaming and Wagering Commission Act 1987 and issue the Section 55 – Certification of local Government Authority
Conditions Imposed
Any applications are to be in accordance with Town Planning Scheme No 4, Food Act 2008 and Health Act 1911.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Health & Ranger Services
Manager Planning Services
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.38 Impounded Vehicles
Head of Power Local Government Act 1995 – (Part 3 Division 3 Subdivision 4)
Power/Duty Delegated
|
Part |
3 |
|
Division |
3 |
|
Section |
3.37 Contraventions that can lead to impounding 3.47 Disposing of confiscated or uncollected goods |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to sell impounded vehicles upon receipt of an offer.
Conditions Imposed
This delegation is exercised provided that the estimated resale value of that particular vehicle is estimated at less than $5,000 and the statutory two month waiting period is completed.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager
Law Enforcement and Compliance Health
& Ranger Services
Record requirements Documentation to be placed on the register of impounded vehicles and in Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.39 Insurance
Head of Power Local Government Act 1995 Section 5.42
Power/Duty Delegated
|
Part |
5 |
|
Division |
4 Local Government Employees |
|
Section |
5.42 Delegation of some powers to CEO |
|
Sub section |
Regulation 5. (1).(e) CEO’s Duties as to Financial Management |
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to enter into appropriate contracts of insurance on behalf of Council, whilst Council’s insurance portfolio is managed by Local Government Insurance Service.
Conditions Imposed
Sub-delegation Permitted Yes
Sub-delegated
to Deputy
Chief Executive Officer Executive Officer
Record requirements Documentation to be placed on the Insurance File and recorded in the Annual Insurance Register.
Reporting requirements Record in the annual insurance register
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.40 Insurance, Public Liability Claims
Head of Power Local
Government Act 1995 Section 5.42
Power/Duty
Delegated
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Detail
of delegation
The
Chief Executive Officer is delegated authority to consider claims against
Council for property damage that do not exceed the insurance policy excess
levels, and to accept or deny liability on behalf of Council.
Conditions Imposed
In
cases where liability is accepted, payment may only be made up to the value of
Council’s relevant insurance excess amount and on then upon receipt of a
release form.
Sub-delegation
Permitted Yes
Sub-delegated
to Deputy
Chief Executive Officer
Record requirements Documentation to be placed on the
Insurance File and recorded in the Annual Insurance Register.
Reporting
requirements Record in the annual insurance
register
DECISION
The
Delegator Date Reference
Reviewed
by Date Reference
Amended by Date Reference
NOTICE
OF DELEGATION
Notice
in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.41 Investment of Surplus Funds
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Power/Duty Delegated
|
Part |
6. Financial management |
|
Division |
General financial management |
|
Section |
6.14 Power to invest |
|
Sub section |
Local Government (Financial Management) Regulations 19, 19C |
|
Local Law |
|
|
Relevant Policies |
2.1.2 – Investment of Surplus Funds |
Detail of delegation
The Chief Executive Officer is delegated authority to invest surplus funds from the Municipal, Trust and Reserve funds in asset classes as set out in Policy 2.1.2 Investment of Surplus Funds
Conditions Imposed
The Chief Executive Officer shall have regard to Policy 2.1.2 Investment of Surplus Funds.
Sub-delegation Permitted Yes
Sub-delegated to Director Corporate Services
Manager Financial Services
Record requirements Documentation to be placed on the Funds Investment Register
Reporting requirements To be reported monthly to Council in the Financial Activity Report
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.42 Issue of Prohibition Order
Head of Power Food Act 2008, Section 65
Power/Duty Delegated
|
Part |
8 |
|
Division |
2 |
|
Section |
65 |
|
Sub section |
1 |
|
Local Law |
|
|
Relevant Policies |
|
Detail of Delegation
The Chief Executive Officer is delegated authority to issue a Prohibition Order where a food proprietor has not complied with an improvement notice of the order is required to mitigate a serious danger to Public Health.
Conditions imposed
Sub-delegation Permitted No
Sub-delegated to
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.43 Issue of Stop, Direction, Works Notices - Planning
Head of Power Local Government Act 1995 (sections 5.42 & 5.44) Planning and Development Act 2005
Town Planning Scheme No 4 (section 11.1.1)
Interim Development Order No 4 (clause 4B)
Power/Duty Delegated
|
Part |
Town Planning Scheme No 4 (TPS4) - Part 11 – Enforcement and Administration Interim Development Order No 4 (IDO4) – Clause 4B – Conditions to be Complied with |
|
Division |
|
|
Section |
TPS4 - 11.1.1 |
|
Sub section |
TPS4 - c) |
|
Local Law |
Nil |
|
Relevant Policies |
Local Planning Policy 8.13 - Compliance |
Detail of delegation
The Chief Executive Officer delegates authority to issue stop, direction and or works notices for the purpose of ensuring the provisions of the Town Planning Scheme No 4 and Interim Development Order No 4 are being observed.
1. Issue a written direction to the owner or other person undertaking the development to stop and not recommence pursuant with Clause 214 (2) of the Planning and Development Act 2005 (the Act)
2. Issue a written direction to the owner or other person undertaking the development to remove, pull down, take up or alter the development and not recommence pursuant with Clause 214 (3) of the Planning and Development Act 2005 (the Act)
3. Issue a written direction to the owner or other person undertaking the development to execute works if it appears that delay in the execution of the works would prejudice the effective operation of TPS4 or IDO4 pursuant with Clause 214 (5) of the Planning and Development Act 2005 (the Act)
Conditions Imposed
The Chief Executive Officer is to have regard to Local Planning Policy 8.13 - Compliance.
Sub-delegation Permitted: No
Sub-delegated to: N/A
Authorised Persons Director Development Services
Record requirements Documentation to be placed on property file and in the information bulletin
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.44 Keeping of 3-6 Dogs Policy 4.5.4
Head of Power Dog Act 1976 s10AA and s26.
Power/Duty Delegated
|
Part |
Dog Act 1976 |
|
Division |
Part II |
|
Section |
S10AA |
|
Sub section |
(1) (2) (3) (4) (5) |
|
Local Law |
Shire of Broome Dogs Local Laws 2012 |
|
Relevant Policies |
Keeping of 3-6 Dogs Policy 4.5.4 |
Detail of delegation
Authorise the Chief Executive Officer to approve applications to keep more than two (2) and less than six (6) dogs
Conditions Imposed Delegation
to be exercised in
accordance with the draft policy requirements of Policy 4.5.4.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Health and Rangers
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
N/A
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.45 Licence to Deposit Materials on
or Excavate Adjacent to a Street Permission to
construct on, over or under a public thoroughfare or public place
Head of Power Local Government Act 1995
Local Government (Miscellaneous Provisions) Act 1960
Local Government (Uniform Local Provisions) Regulations 1996
Power/Duty Delegated
|
Part |
|
|
Division |
|
|
Section |
|
|
Sub section |
|
|
Local Law |
Nil |
|
Relevant Policies |
Nil |
Detail of delegation
The Chief Executive Officer is delegated authority to issue
licences to deposit materials on a street, way or other public place and to
excavate on land abutting or adjoining a street, way or other public place
pursuant to Section 377 of the Local Government (Miscellaneous Provisions) Act
1960. approve applications to undertake a
construction on, over, or under a specified public thoroughfare or public place
that is local government property.
The Chief Executive Officer shall first obtain confirmation from appropriate staff that the proposed activity will not create undue interference with the operation of the street, way or public place. Permission is to be issued subject to the conditions detailed in Regulation 17 of the Local Government (Uniform Local Provisions) Regulations 1996 and such other conditions as considered relevant by the Chief Executive Officer.
Conditions Imposed
Licenses
are to be issued
Permission will be subject to the conditions
detailed in Section 377 of the Act Regulation
17 of the Local Government (Uniform Local Provisions) Regulations 1996 and
such other conditions as considered relevant by the Chief Executive Officer.
Sub-delegation Permitted Yes
Sub-delegated to Director Engineering Services
Manager Asset and Design
Manager Engineering Operations
Record requirements Documentation to be placed on the property or road file and in Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.46 Liquor, Sale and Consumption – Council Property
Head of Power Local Government Act 1995 5.42
Power/Duty Delegated
|
Part |
5 |
|
Division |
4 Local Government Employees |
|
Section |
5.42 Delegation of some powers to CEO |
|
Sub section |
|
|
Local Law |
Local Government Property and Public Places Local Law Clause 4.1 (or as amended) |
|
Relevant Policies |
4.2.5 Alcohol Management Policy |
Detail of delegation
The Chief Executive Officer is delegated authority to approve applications for the sale of liquor from property under the care, control and management of the Council and to approve applications to consume liquor on property under the care, control and management of Council.
Conditions Imposed
The
Chief Executive Officer is to have regard to the Alcohol Management Policy
4.2.5.
The approval is subject to the subsequent issue of an approved liquor licence issued by the appropriate authority for the sale of liquor on council property.
Deputy Chief Executive Officer, Director Development Services and Manager Health & Ranger Services shall liaise with Manager Community Development, Manager Planning Services and Manager Asset and Design.
Sub-delegation Permitted Yes
Sub-delegated to Deputy Chief Executive Officer
Director Development Services
Manager Health & Ranger Services
Record requirements Documentation to be held on property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.47 Local Government (Uniform Local Provisions) Regulations 1996, Consent Permission or Approvals
Head of Power Local Government Act 1995
Local Government (Uniform Local Provisions) Regulations 1996
Power/Duty Delegated
|
Part |
5 |
|
Division |
4 Local Government Employees |
|
Section |
5.42 Delegation of some powers to CEO |
|
Sub section |
Local Government (Uniform Local Provisions) Regulations 1996
|
|
Local Law |
Nil |
|
Relevant Policies |
Nil |
Detail of delegation
The Chief Executive Officer is delegated authority to give consent, permission or approval required under the Local Government (Uniform Local Provisions) Regulations 1996.
Conditions Imposed
That no cost is imposed upon Shire of Broome.
Sub-delegation Permitted Yes
Sub-delegated to Director Engineering Services
Manager Engineering Operations
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.48 Management Orders, Acceptance of
Head of Power Local Government Act 1995 Section 5.42 (1) (a)
Power/Duty Delegated
|
Part |
5 |
|
Division |
4 Local Government Employees |
|
Section |
5.42 Delegation of some powers to CEO 3.53 & 3.54 of Local Government Act Part 9 Land Administration Act 1997 |
|
Sub section |
|
|
Local Law |
Nil |
|
Relevant Policies |
Nil |
Detail of delegation
The Chief Executive Officer is delegated authority to advise the Department of Regional Development and Lands that the Shire of Broome is willing to accept Management Orders for land.
Conditions Imposed
The Chief Executive Officer is to take into consideration the requirements of Subdivision 6 – Various Executive Functions Section 3.53 and 3.54 of the Local Government Act and Part 9 of the Land Administration Act 1997.
The Chief Executive Officer is to take into consideration as appropriate the provisions of Sections 3.58 and 3.59 of the Local Government Act and Local Government (Functions and General) Regulations 7, 8, 9, 10 and 30.
Sub-delegation Permitted Yes
Sub-delegated to Deputy Chief Executive Officer
Director Development Services
Record requirements Documentation to be placed on file and in the delegated authority register
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.49 Municipal / Trust Fund, Authorisation of Payments, including Creditors
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Power/Duty Delegated
Local Government (Financial Management) Regulations 1996
|
Part |
2 General financial management – s6.10 |
|
Division |
|
|
Section |
|
|
Sub section |
|
|
Regulation |
12 Payment from municipal fund or trust fund |
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to authorise payments from the municipal and trust funds with the information required under Regulation 12 of the Local Government (Financial Management) Regulations 1996.
Conditions Imposed
Authority is to be exercised in accordance with Regulation 12 of the Local Government (Financial Management) Regulations 1996.
Each payment from the Municipal Fund or the Trust Fund is to be noted on a list compiled for each month showing:
· The payee’s name,
· The amount of the payment,
· The date of the payment, and
· Sufficient information to identify the transaction
The list referred to above is to be presented to the Council at the next Ordinary Meeting of the Council following the preparation of the list and is to be recorded in the minutes of the meetings at which it is presented.
Sub-delegation Permitted Yes
Sub-delegated to Director Corporate Services
Manager Financial Services
Accountant
Record requirements Authorisation of expenditure schedules
Reporting requirements Presented to Council via the Ordinary Council Meetings.
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.50 Occupancy Permit & Building Approval Certificates - Extension of Duration
Head of Power Building Act 2011 (Section 127)
Power/Duty Delegated
|
Part |
4 Occupancy permits and building approval certificates |
|
Division |
3 Making and dealing with applications for occupancy permits and building approval certificates |
|
Section |
65 Extension of period of duration |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to extend the period of duration of an Occupying Permit or Building Approval Certificate under section 65 of the Building Act 2011.
Conditions Imposed
Nil
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Building Services
Building Surveyor(s)
Consultant/Contract Building Surveyor employed by Council on an “as required basis”
Record requirements Documentation to be placed on the building file and in the information bulletin
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.51 Occupancy Permits & Building Approval Certificates – Issue of
Head of Power Building Act 2011 (Section 127)
Power/Duty Delegated
|
Part |
4 Occupancy Permits and building approval certificates |
|
Division |
3 Making and dealing with applications for occupancy and building approval certificates |
|
Section |
58 59 60 |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to issue:
1) In accordance with Section 58 grant an occupancy permit, building approval certificate.
2) In accordance with Section 59 whether or not to grant or modify an occupancy permit, building approval certificate within the required timeframe.
3) In accordance with Section 60 record decision to refuse to grant or modify an occupancy permit, building approval certificate.
Conditions Imposed
Nil
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Building Services
Building Surveyor(s)
Consultant/Contract Building Surveyor employed by Council on an “as required basis”.
Record requirements Documentation to be placed on the building file and in the information bulletin
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.52 Operational – Authorised Officers, Appointment of
Head of Power Local Government Act 1995 – Part 9 Division 2 Section 9.10
Local Government (Miscellaneous Provisions) Act 1960
Council’s Local Laws and Regulations as prescribed
Power/Duty Delegated As listed below
|
Part |
9 Miscellaneous provisions |
|
Division |
2 Enforcement and legal proceedings |
|
Sub Division |
1 Miscellaneous Provisions about enforcement |
|
Section |
9.10 Appointment of
Authorised |
|
Sub section |
Dog Local Law 2012, Parking and Parking Facilities Local Law 2012, Trading, Outdoor Dining and Street Entertainment Local Law 2012, Local Government Property and Public Places Local Law |
Detail of delegation
The Chief Executive Officer is delegated the power to appoint persons or classes of person as authorised officers in accordance with the various Acts, Regulations and Local Laws listed hereunder:
· Local Government Act 1995 – Part 9 Division 2 Section 9.10
· Local Government (Miscellaneous Provisions) Act 1960 - Part XX Section 449 (appointment of Pound Keeper and/or Rangers) Act to be read as part of the Local Government Act
Conditions Imposed
Sub-delegation Permitted No
Sub-delegated to
Record requirements
Reporting requirements
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.53 Operational – Authorised Officers, Appointment of for the Purposes of Administering the Food Act 2008
Head of Power Food Act 2008, Section 122
Power/Duty Delegated As listed below
|
Part |
10 |
|
Division |
3 |
|
Section |
122 |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Manager Health & Ranger Services, Coordinator Senior
Environmental Health Officer and Environmental Health Officers are
delegated authority as ‘Authorised Officers’ for the purpose of
administering the Food Act 2008
Conditions Imposed
Sub-delegation Permitted No
Sub-delegated to
Record requirements Documentation to be placed on the
property file personnel files and in
the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.54 Operational – Authorised Officers (Cat Act 2011), Appointment of
Head of Power Cat Act 2011
Power/Duty Delegated
|
Part |
4 - Administration and Enforcement |
|
Division |
2 - Delegations 3 - Authorised persons |
|
Section |
44 - Delegation by Local Government 45 - Delegation by CEO of local government 48 - Authorised persons |
|
Sub section |
|
Detail of delegation
44. Delegation by local government
(1) The local government may delegate to its CEO the exercise of any of its powers or the discharge of any of its duties under another provision of this Act.
45. Delegation by CEO of local government
(1) A CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s duties under another provision of this Act.
48. Authorised persons
(1) A local government may, in writing, appoint persons or classes of persons to be authorised for the purposes of performing particular functions under this Act.
Conditions Imposed
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Record requirements
Reporting requirements
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
Note details of the notice of any sub-delegation here. This will be the date of the Memo from the CEO to the designated employee (s)
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.55 Operational – Community Sponsorship Program
Head of Power Local Government Act 1995 (Section 5.42)
Power/Duty Delegated
|
Part |
5 Administration |
|
Division |
4 Local government employees |
|
Section |
5.42 Delegation of some powers to the CEO |
|
Sub section |
6.2 Local government to prepare annual budget
|
|
Local Law |
Nil |
|
Relevant Policies |
5.1.5 Community Sponsorship Program |
Detail of delegation
The
Chief Executive Officer is delegated authority to approve ad hoc sponsorship to
a maximum of $1,000 after reference to the Community Sponsorship Assessment
Working Party Group and Council’s
approved Financial Year Budget.
Conditions Imposed
The Chief Executive Officer shall have regard to Policy 5.1.5 Community Sponsorship Program
Sub-delegation Permitted Yes
Sub-delegated to Deputy Chief Executive Officer
Record requirements Documentation kept on Community Sponsorship file
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.56 Operational – Contract Price Variations
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Power/Duty Delegated
Local Government (Functions and General) Regulations 1996
|
Part |
4 Provision of goods and services |
|
Division |
2 Tenders for providing goods and services (s3.57) |
|
Section |
|
|
Sub section |
20 Variation of requirements before entry into contract |
|
Local Law |
|
|
Relevant Policies |
2.3.7 – Purchasing Policy
|
Detail of delegation
The Chief Executive Officer is delegated authority to approve minor variations to a contract subject to sufficient funds being available within the approved expenditure budget and that the price variation is necessary.
Conditions Imposed
Any contract variation is to be recorded in a register of contracts and is to be reported to the Council.
Sub-delegation Permitted No
Sub-delegated to
Record requirements Documentation to be placed in the register of contracts.
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.57 Operational – Designated Officer, Appointments of for the Purposes of Administering the Food Act 2008
Head of Power Food Act 2008, Section 126
Power/Duty Delegated As listed below
|
Part |
11 |
|
Division |
4 |
|
Section |
126 |
|
Sub section |
13 |
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Manager Health & Ranger Services is delegated authority as ‘Designated Officer’ for the purpose of administering the Food Act 2008.
Conditions Imposed
Sub-delegation Permitted No
Sub-delegated to
Record requirements Documentation to be placed on the reserve file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.58 Operational – Designated Persons (Planning) for issuing of Infringement Notices
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Planning and Development Act 2005
Power/Duty Delegated
|
Part |
13 |
|
Division |
3 |
|
Section |
234 |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
Local Planning Policy – 8.13 Compliance |
Detail of delegation
The Chief Executive Officer delegates authority to issue, amend or withdraw infringement notices for the purpose of ensuring the provisions of Town Planning Scheme No 4 (TPS4) and Interim Development Order No 4 (IDO4) are being observed
1. Issue an Infringement Notice pursuant with Clause 228 of the Planning and Development Act 2005 (the Act)
2. Extending the time to pay the infringement notice pursuant with clause 230 of the Act’
3. Withdrawal of the infringement notice pursuant with clause 231 of the Act
Conditions Imposed
In accordance with the Act 2005 clause 234 (2) a person who is authorised to give infringement notice under clause 228 is not eligible to be a Designated Person for the purpose of any other section
The Chief Executive Officer is to have regard to Local Planning Policy 8.13 - Compliance
Sub-delegation Permitted No
Sub-delegated to
Designated Persons Director of Development Services; apart from Delegation 1
Manager Planning Services; apart from Delegation 1 and 3
Manager Law Enforcement and Compliance; apart from
Delegation 2 and 3
Statutory Planning Coordinator apart from Delegation 2 and 3
Planning Officer; apart from Delegation 2 and 3
Ranger; apart from Delegation 2 and 3
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.59 Operational – Legal Representation, Costs Indemnification
Head of Power Local Government Act 1995
Power/Duty Delegated
|
Part |
5 |
|
Division |
4 |
|
Section |
5.42 Delegation of some powers and duties to CEO |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
Policy 1.2.7 |
Detail of delegation
The Chief Executive Officer is delegated authority to approve applications from elected members or staff for urgent legal services where there is a need for the services, before an application can be considered by Council.
Conditions Imposed
The Chief Executive Officer should reference legal advice on any application if he/she deems necessary and can exercise this authority up to the value of $20,000.
The Chief Executive Officer is to take into account Policy 1.2.7 of the Council in relation to this matter as determined and varied from time to time.
Sub-delegation Permitted Yes
Sub-delegated to Deputy Chief Executive Officer
Director Development Services
Record requirements The advice is recorded in a register of legal advice.
Reporting requirements The Council is to be informed of all legal advice obtained and the advice is to be made available for inspection upon request.
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.60 Operational – Prosecution of Offences
Head of Power Bush Fires Act 1954 – Part V Section 59
Power/Duty Delegated
|
Part |
V - Miscellaneous |
|
Division |
|
|
Section |
59 – Prosecution of Offences |
|
Sub section |
(1), (3), (4) and (5) |
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is authorised to commence legal proceedings pursuant to offences against the Bush Fires Act 1954.
Conditions Imposed
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Record requirements Documentation to be held on prosecution file
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.61 Outdoor Dining Licenses
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Power/Duty Delegated
|
Part |
|
|
Division |
|
|
Section |
|
|
Sub section |
Clause 2.3 |
|
Local Law |
Trading, Outdoor Dining and Street Entertainment Local Law 2003 |
|
Relevant Policies |
Local Planning Policy 8.3 - Outdoor Dining |
Detail of delegation
The Chief Executive Officer is delegated authority to approve applications for Outdoor Dining Licenses
Conditions Imposed
Authority to be exercised in accordance with Local Planning Policy 8.3 - Outdoor Dining and Trading Outdoor Dining and Street Entertainment Local Law 2003 following appropriate referral.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager
Planning Services
Manager Health & Ranger Services
Record requirements Documentation to be placed on file and in the delegated authority register
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.62 Permits, Road Trains and Extra Mass
Head of Power Local Government Act 1995
Power/Duty Delegated
|
Part |
3 |
|
Division |
3 |
|
Section |
3.50 Local Government Act |
|
Sub section |
|
|
Local Law |
3.2, 3.3, 3.4, 3.5 |
|
Relevant Policies |
3.1.22 – Closure of Unsealed Roads Due to Wet Weather |
Detail of delegation
The Chief Executive Officer is delegated authority to determine any application recommending approval or refusal, with conditions, to Main Roads WA to use road trains and applications for extra mass permits and/or over-dimensional vehicle permits on any local road within the district.
Conditions Imposed
The Chief Executive Officer is to have regard to
1) All roads are subject to the appropriate approval by Main Roads WA and subsequent issue of relevant permits
2) Applicants to supply Council with a copy of Main Roads WA permit before operations commence
3) That the speeds of the vehicles do not exceed 90km/h on gravel roads
4) Applicants are requested to utilise sealed routes, where possible, particularly during periods of wet weather
5) Council reserves the right to withdraw the approval with twenty four (24) hours notice.
6) Any policy of Council in place from time to time.
Sub-delegation Permitted Yes
Sub-delegated to Director Engineering Services
Record requirements Documentation to be placed on the road files and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.63 Powers and Functions Under the Health Act 1911 and Subsidiary Regulations, Local Laws and Orders made thereunder
Head of Power Health Act 1911, Section 26
Power/Duty Delegated
|
Part |
2 |
|
Division |
2 |
|
Section |
26 |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to exercise and discharge all or any of its powers and functions under the Health Act 1911 and subsidiary Regulations, Local Laws and order made thereunder.
Conditions Imposed
Sub-delegation Permitted Yes
Sub-delegated to Manager Health & Ranger Services
Senior
Coordinator Environmental Health Officer
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.64 Private Works
Head of Power Local Government Act 1995
Power/Duty Delegated
|
Part |
6 |
|
Division |
5 |
|
Section |
6.15 Local government’s ability to receive revenue and income |
|
Sub section |
|
|
Local Law |
Nil |
|
Relevant Policies |
3.1.5 Private and Community Works |
Detail of delegation
The Chief Executive Officer is delegated authority to undertake private works within the Shire of Broome when determined to be in the interests of Council and when written authorisation is provided by the client to proceed.
Conditions Imposed
Sub-delegation Permitted Yes
Sub-delegated to Director Engineering Services
Manager Engineering Operations
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.65 Purchase Orders, Issue of
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Power/Duty Delegated Local Government (Financial Management) Regulations 1996
|
Part |
2 |
|
Division |
Regulations 5,
11(2), 12(1)(a),
|
|
Section |
|
|
Sub section |
|
|
Local Law |
N/A |
|
Relevant Policies |
2.3.7 - Purchasing 1.2.9 - Local Regional Price Preference |
Detail of delegation
The Chief Executive Officer is delegated authority to issue Purchase Orders for those goods and services provided for in Council’s adopted budget.
Conditions Imposed
The Chief Executive Officer is to refer to Policy 2.3.7 Purchasing Policy
Sub-delegation Permitted Yes
Sub-delegated
to Deputy
Chief Executive Officer
Director
Corporate Services
Director
Engineering Services
Director
Development Services
and
others in line with In accordance with Management Directive 008 as
endorsed by Chief Executive Officer.
Record requirements Audit trail maintained
within Synergy Soft Financial Management System Purchasing Module.Monthly financial statements
Reporting requirements Provide to Council as
part of the monthly financial statements. As per Management Directive 008
as reviewed and amended by the Chief Executive Officer from time to time.
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.66 Rates and Service Charges
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Power/Duty Delegated
|
Part |
6 Financial management |
|
Division |
6 Rates and service charges |
|
Section |
6.39 Rate record 6.40 Effect of amendment of rate record 6.41 Service of rate notice 6.45 Options for payment of rates or service charges |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
2.1.3 – Rates Debt Recovery |
Detail of delegation
The Chief Executive Officer is delegated authority of the following;
1. The duty to compile a record, as soon as practicable after Council resolves to impose rates in a financial year, in the form and manner prescribed, for that financial year, of all rateable land in the district, and all land on which a service charge is imposed.
2. The power to amend the rate record for the 5 years preceding the current financial year.
3. The duty to amend, from time to time, a rate record for the current financial year to ensure that the information contained in the record is current and correct and that the record is in accordance with this Act.
4. The duty to reassess, where the rate record in relation to land, is amended under 6.39(2) as a result of change in rateable value, rateability or rate imposed on that land, and to give notice to the owner of any change in the amount of rates payable.
5. The duty to reassess the service charge in relation to any land amended under 6.39 (2) and give notice to the owner or occupier as the case requires, of any change in the amount thereof.
6. The power to make a refund, if as a result of reassessment of rates, a rate on land is reduced, the amount overpaid.
7. The power to make a refund, if a reassessment results in a reduction in a service charge, of that amount.
8. The duty to refund, if requested by the current owner in accordance with various statutes.
9. The duty to give to the owner of rateable land, and the owner or occupier, as the case may be a notice of rate imposed.
10. The power to accept payment of a rate or service charge due and payable by a person in accordance with an agreement made with that person.
Conditions Imposed
To observe all relevant provisions of the Local Government Act 1995, all other written law and regulations, Council policies, directions and guidelines.
Sub-delegation Permitted Yes
Sub-delegated to Director Corporate Services
Manager Financial Services
Record requirements To be recorded in the Delegation of Authority Monthly Schedule
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.67 Rates and Service Charges, - Agreements
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Power/Duty Delegated
|
Part |
6. Financial management |
|
Division |
6. Rates and service charges |
|
Section |
6.49 – Agreement as to payment of rates and service charges |
|
Sub section |
|
|
Local Law |
Nil |
|
Relevant Policies |
2.1.3 – Rates Debt Recovery |
Detail of delegation
The Chief Executive Officer is delegated the power to accept payment of a rate or service charge that is due and payable by a person in accordance with an agreement made with that person.
Conditions Imposed
1. The Chief Executive Officer is required to observe any relevant policy.
2. In making any such agreement, the Chief Executive Officer is to exercise discretion in negotiating the best possible repayment schedule to protect the interests of the Shire without imposing undue financial hardship on the person.
3. The Chief Executive Officer is to ensure that appropriate written agreements are entered into and that appropriate internal controls are in place to monitor compliance with the agreed repayment schedule.
4. The Chief Executive Officer is to have regard to the Shire’s debt collection policy should the person materially default with the terms of the agreement.
Sub-delegation Permitted Yes
Sub-delegated to Director Corporate Services
Manager Financial Services
Record requirements A written, signed agreement is to be
entered into and recorded into a register of debt repayment agreements to be recorded in the Delegation
of Authority Monthly Schedule.
Reporting requirements The Chief Executive Officer is
required to report to the Council any material matters associated with the
exercising of this delegation.
Monthly in the Council Information Bulletin.
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.68 Rates, Unpaid – Power for Sale
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Power/Duty Delegated
|
Part |
6. Financial management |
|
Division |
6. Rates and service charges |
|
Section |
6.64 Actions to be taken, 6.65 Power to lease – procedure 6.66 Effect of lease 6.67 Release of property after payment of arrears 6.68 Exercise of power to sell land |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
2.1.3 – Rates Debt Recovery |
Detail of delegation
The
Chief Executive Officer is delegated the authority to commence proceedings
under Section 6.64 of the Local Government Act 1995 to recover rates and service charges owing to the Council where rates
an amount payable to the Council have has been unpaid for not less than a period of three
years.
These proceedings could involve proceedings to recover rates and service charges where appropriate:
1. Lease of the land;
2. Sale of the land;
3. Cause the transfer of land to the Crown; or
4. Cause the transfer of land to the local government.
Conditions Imposed
1. The Chief Executive Officer is required to observe any relevant policy.
2. The action is only to be taken, where in the opinion of the Chief Executive Officer, that action is necessary.
3. Any land taken possession of must be released as per Section 6.67 of the Local Government Act 1995.
Sub-delegation Permitted Yes
Sub-delegated to Director Corporate Services
Manager Financial Services
Record requirements Documentation to be placed on the
property file and in the Information Bulletin Report To be recorded in the Delegation of Authority Monthly Schedule
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.69 Rating and Service Charges, Caveat
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Power/Duty Delegated
|
Part |
6. Financial management |
|
Division |
6 Rates and service charges |
|
Section |
6.64 Actions to be taken |
|
Sub section |
3 |
|
Local Law |
|
|
Relevant Policies |
2.1.3 – Rates Debt Recovery |
Detail of delegation
The Chief Executive Officer is delegated the power to lodge a caveat to preclude dealings in land where rates or services charges are in arrears and the CEO is of the opinion that it is in the interests of the Shire to lodge the caveat.
Conditions Imposed
1. The Chief Executive Officer is required to observe any relevant policy.
2. The action to lodge a caveat is only to be taken, where in the opinion of the Chief Executive Officer, that action is necessary.
3. The action is only to be taken by persons with the specific written authority to lodge the caveat.
Sub-delegation Permitted No
Sub-delegated to
Record requirements A written, signed agreement is to be
entered into and recorded into a register of debt repayment agreements. To be recorded in the Delegation of Authority Monthly Schedule
Reporting requirements The Chief Executive Officer is
required to report to the Council any material matters associated with the
exercising of this delegation. To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.70 Rating and Service Charges, Legal Action for Recovery
Head of Power Local Government Act 1995
Power/Duty Delegated
|
Part |
6. Financial Management |
|
Division |
6 Rates and Service Charges |
|
Section |
6.56 Rates and Service Charges Recoverable in Court |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
2.1.3 – Rates Debt Recovery |
Detail of delegation
The
Chief Executive Officer is delegated the power to instigate action through a
court to recover a debt, including recovery costs, associated with a rate or
service charge, if it remains unpaid after the time for payment under the Act,
and after the procedures under in
accordance with procedures outlined in the Shire debt collection policy has
been unsuccessful.
Conditions Imposed
1. The Chief Executive Officer is required to observe any relevant policy.
2. The legal action is only to be taken, where in the opinion of the Chief Executive Officer, that action is a last resort to obtain payment.
3. The legal action is only to be taken by persons with the specific written authority to commence the action.
Sub-delegation Permitted Yes
Sub-delegated to Director Corporate Services
Manager Financial Services
Record requirements A written, signed agreement is to be
entered into and recorded into a register of debt repayment agreements. To be
recorded in the Delegation of Authority
Monthly Schedule
Reporting requirements The Chief Executive Officer is
required to report to the Council any material matters associated with the
exercising of this delegation. To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.71 Records Destruction Approval Lists
Head of Power State Records Act 2000
Power/Duty Delegated
|
Part |
3 Record keeping plans for government organisations |
|
Division |
1 General |
|
Section |
16 Content of Plans |
|
Sub section |
3 (a-c) |
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to approve, in accordance with the General Disposal Authority for Local Government Records, disposal lists for records identified for destruction in the destruction processes.
Conditions Imposed
To observe all relevant provisions of the Local Government Act 1995, the State Records Act 2000, the Shire of Broome Recordkeeping Plan and all other written law and regulations, Council policies, directions and guidelines.
Sub-delegation Permitted Yes
Sub-delegated to Manager Information Services
Record requirements As required to the State Records Act 2000
Reporting requirements As required to the State Records Act 2000 and the Shire of Broome Recordkeeping Plan
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.72 Recovery of Rates and Service Charges – Leased Properties
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Power/Duty Delegated
|
Part |
6 Financial Management |
|
Division |
6 Rates and Service Charges |
|
Subdivision |
|
|
Section |
|
|
Sub-Section |
|
|
Local Law |
|
|
Relevant Policies |
|
Detail of delegation
The CEO is delegated the power:
1. To recover rates and service charges
which are apportioned between successive owners in respect of time as if they
accrue.
2. The duty to recover rates and charges
outstanding from the owner or the person who becomes the owner.
3. To give notice to the lessee of land if payment of a rate or service charge imposed is due and payable requiring the lessee to pay any rent as it falls due in satisfaction of the debt.
4. The duty to give the lessor a copy of the notice with an endorsement that the original of it has been given to the lessee.
5. The power to recover the amount of the rate or service charge as a debt from the lessee if rent is not paid in accordance with the notice.
6. The power to request the occupier of property, or an agent of the owner of property to disclose the name and address of the owner or of the person receiving or authorised to receive the rate or service charge.
7. The duty to apply the money for or towards rates or service charges where money is paid on rates and charges due on the land in the order in which they become due.
Conditions Imposed
To observe all relevant provisions of the Local Government Act 1995, all other written law and regulations, Council policies, directions and guidelines.
Sub-delegation Permitted Yes
Sub-delegated to Director Corporate Services
Manager Financial Services
Record requirements A written, signed agreement is to be
entered into and recorded into a register of debt repayment agreements. To be recorded in the Delegation of Authority Monthly Schedule.
Reporting requirements The Chief Executive Officer is
required to report to the Council any material matters associated with the
exercising of this delegation .
Monthly in the Council Information Bulletin.
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.73 Road Closures, General and Temporary
Head of Power Local Government Act 1995
Power/Duty Delegated
|
Part |
3 – Functions of Local Government |
|
Division |
3 – Executive Functions of Local Governments |
|
Section |
3.50, 3.50A and 5.42 |
|
Sub section |
|
|
Local Law |
Shire of Broome Property and Public Places Local Law 2012 - 10.1 , 10.2 , 10.3 |
|
Relevant Policies |
3.1.22 Closure of Unsealed Roads Due to Wet Weather |
Detail of delegation
The Chief Executive Officer is delegated the authority to temporarily close a street or a portion of a street and/or any local road under Council’s control to all traffic for any period not exceeding 28 days if it is of the opinion that by reason of heavy rain, a street is likely to be damaged by the passage of traffic generally and/or if it is considered the road is unsafe for public traffic.
Conditions Imposed
In accordance with Local Laws.
Sub-delegation Permitted Yes
Sub-delegated to Director Engineering Services
Manager Engineering Operations
Record requirements Documentation to be placed on the road file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.74 Roads, Sand, Silt and Other Soil Material - Removal from Shire Roads
Head of Power Local Government Act 1995
Power/Duty Delegated
|
Part |
3 |
|
Division |
3 |
|
Section |
3.54 Reserves under control of a local government |
|
Sub section |
|
|
Schedule |
3.1 Powers under notices to owners or occupiers of land |
|
Local Law |
|
|
Relevant Policies |
3.1.1 Sand Removal from Shire Roads |
Detail of delegation
The Chief Executive Officer is delegated the authority to impose a charge for all removal of sand, silt and other soil materials originating from adjoining private land.
Conditions Imposed
The Chief Executive Officer is to exercise this delegation where soil and sand becomes a risk to vehicular and pedestrian traffic utilising the road reserve.
Sub-delegation Permitted Yes
Sub-delegated to Director Engineering Services
Manager Engineering Operations
Record requirements Documentation to be placed on the road and property file and in Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.75 Strata Titles, Certificate of Approval
Head of Power Planning and Development Act 2005 (section 16(3) (e)) Strata Titles Act 1985
Power/Duty Delegated
|
Part |
2 – Strata schemes and survey-strata schemes |
|
Division |
3 – Certificates and approvals |
|
Section |
25 |
|
Sub section |
(1) |
|
Local Law |
Nil |
|
Policy |
Nil |
Detail of delegation
Section 25 of the Strata Titles Act 1985 requires every strata scheme lodged for registration to be accompanied by a certificate of approval by the Commission.
The Western Australian Planning Commission has delegated its power to issue a certificate of approval under section 25 of the Strata Title Act 1985 to local government except in relation to:
· the creation of a vacant lot
· the creation of vacant air stratas in multi tiered strata scheme developments
· Where in the opinion of the WAPC or local government having notified the other party in writing it relates to:
o A type of development and/or
o Land is within an area which is of state or regional significance or in respect of which the WAPC has determined is otherwise in the public interest for WAPC to determine .
Conditions imposed
This delegation may only be excised if the application complies with the relevant planning approval and conditions.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Building Services
Record requirements Documentation to be placed on the subdivision file in the Information Bulletin Report and report to WAPC
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.76 Strata Titles, Issue of an Occupancy Permit Strata or Building Approval Certificate Strata for registration of strata scheme, plan of re-subdivision
Head of Power Building Act 2011 (Section 127)
Power/Duty Delegated
|
Part |
4 Occupancy permits and building approval certificates |
|
Division |
2 Kinds of applications for occupancy and building approval certificates |
|
Section |
50 Application for occupancy permit or building approval certificate for registration of strata scheme, plan of re- subdivision |
|
Sub section |
|
|
Local Law |
Nil |
|
Relevant Policies |
Nil |
Detail of delegation
The Chief Executive Officer is delegated authority to authorise the appropriate Council Officers to approve such certificates
Conditions Imposed
This delegation can only be exercised after the authorised Council Officers have been satisfied that all relevant Building Act requirements applicable to the issue of these certificates have been met.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Building Services
Building Surveyor(s)
Consultant/Contract Building Surveyor employed by Council on an “as required basis”
Record requirements Documentation to be placed on the building and property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.77 Subdivision and Amalgamation Applications
Head of Power Local Government Act 1995 (section 5.2.& 5.44)
Planning & Development Act 2005
Power/Duty Delegated
|
Part |
10 – Subdivision and development control |
|
Division |
2 – Approval for subdivision and certain transactions |
|
Section |
142 - Consultation with local governments etc, as to proposed subdivision |
|
Sub section |
|
|
Local Law |
Nil |
|
Relevant Policies |
Nil |
Detail of delegation
The Chief Executive Officer is delegated authority to respond to the Western Australian Planning Commission regarding applications for subdivision or amalgamation or strata submissions.
Conditions Imposed
Authority to be exercised only when those applications are in accordance with an approved Development Plan or Development Approval recommending conditions considered appropriate having regard to the provisions of the Council’s Town Planning Scheme No 4 and policies.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Planning Services
Record requirements Documentation to be placed on subdivision file and in Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.78 Subdivision Clearance
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Planning and Development Act 2005
Power/Duty Delegated
|
Part |
10 – Subdivision and development control |
|
Division |
2 – Approval for subdivision and certain transactions |
|
Section |
145 - Approving diagram or plan of survey of approved plan of subdivision |
|
Sub section |
|
|
Local Law |
Nil |
|
Relevant Policies |
Nil |
Detail of delegation
The Chief Executive Officer is delegated authority to issue clearance certificates for subdivision and strata subdivision applications.
Conditions Imposed
Authority is only to be exercised where the development has met with Council’s requirements of development approval or represents only a minor departure thereof, this to include the acceptance of bonds or securities as performance guarantees against unfulfilled conditions.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Planning Services
Senior
Planning Officer / Statutory Planning Coordinator
Record requirements Documentation to be placed on subdivision file and in the information bulletin
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.79 Submit Responsible Authority Report (Town Planning Scheme No 4 & Interim Development Order No 4))
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Planning and Development Act 2005 (section 171A, 171B)
Planning and Development (Development and Assessment Panels) Regulation 2011 (regulation 12)
Town Planning Scheme No 4 (part 11 Section 11.2)
Interim Development Order No 4 (clause 4A and 4B)
Power/Duty Delegated
|
Part |
11A |
|
Division |
1 |
|
Section |
171A, 171B |
|
Sub section |
nil |
|
Local Law |
Nil |
|
Regulation |
12 |
|
Relevant Policies |
4.1.2 – Industrial Building, Caretaker’s Dwelling and Attached Offices 4.1.3 – Bed & breakfast Accommodation 4.1.10 – Tourist Accommodation Developments (Excluding caravan Parks) within the Tourist Zone 4.1.16 – Sail and Shade Structures (including Solar Control) - Concessions for Planning and building Approvals 4.1.17 – Residential design Codes 2002 – regional Exceptions 4.1.18 – Residential Design Codes 2002 – Clause 3.8 – Privacy Requirements in relation to Screening
Local Planning Policy (LLP) 8.1 – LPP for the Provision and Development of Open Space Reserves managed by the Shire of Broome 8.4 – Additional Accommodation in General Rural, Rural Agricultural and Rural Living Zone 8.5 – Shipping and / or Storage Containers 8.6 – Municipal Heritage Inventory – Development of Listed Places 8.7 – Sprinkler and Hydrant Water Tanks 8.8 – Transient Workers Accommodation 8.9 – Cash In Lieu of Car Parking – Town Centre Chinatown Zone 8.10 – Parking, Storage, Crossover and Drainage Standards for Planning Applications 8.11 – Satellite Dishes, Masts and Antennas 8.12 – Fences within the Townsite of Broome 8.15 – Planning Approvals – Amendments/extensions to Term of Approval and Requests for Further Information 8.16 – Parking – Car, Motorcycle, Bicycle 8.17 - Signs 8.19 – Telecommunications Infrastructure |
Detail of delegation
Pursuant to Section 171A, 171B of the Planning and Development Act 2005 and Planning and Development (Development and Assessment Panels) Regulation 2011 the Chief Executive Officer is delegated to submit the Responsible Authority Report to the Development Assessment Panel:
Conditions Imposed
Authority only to be exercised following appropriate consideration of the matters listed in Clause 10.2 of the TPS 4 or 4A ‘matters to be considered by council’ of IDO4 as applies.
1. Appropriate consultation has to be conducted, delegation can be exercised where concerns raised through consultation is not relevant planning consideration or where concerns can be addressed by way of conditions or mitigated design. Where concerns raised are relevant planning considerations that cannot be addressed or mitigated through conditions a report to Council shall be prepared.
Sub-delegation Permitted Yes
Sub-delegated to Director of Development Services
Manager Planning Services
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.80 Tenders, Decision to Invite
Head of Power Local Government Act 1995 (sections 5.42 & 5.44)
Power/Duty Delegated
|
Part |
3 Functions of local governments |
|
Division |
3 Executive functions of local governments |
|
Section |
3.57 Tenders for providing goods or services |
|
Sub section |
|
|
Local Law |
Nil |
|
Relevant Policies |
2.3.7 – Purchasing Policy |
Detail of delegation
The Chief Executive Officer is delegated the power:
1. To make the decision to invite tenders for goods and services;
2. To call tenders before the Shire enters into a contract of a prescribed kind;
3. To accept a tender where the consideration is less than $100,000; and
4. Determine the criteria for deciding which tender should be accepted
Conditions Imposed
1. The decision to accept a quotation or tender must relate to goods or services that are subject to a specific budget expenditure authorisation or other express written authority of the Council.
2. The decision must be based upon a proper, fair and impartial public tender process that only considers quotations or tenders that comply with all relevant requirements on opening.
3. The decision must be based upon the best value for money proposal that has been assessed by a proper and accountable assessment process.
4. The decision must be based upon full compliance with Local Government (Functions and General) Regulations 1996 Part 4 Division 2, any relevant written law, Council policy or procedures. Including Policy 2.3.7 Purchasing Policy.
Sub-delegation Permitted Yes
Sub-delegated to Director Corporate Services
Executive Officer
Record requirements Entry in the Tender Register in accordance with regulations with tenders
Reporting requirements Tender report to Council for tenders called over $100,000 and entry in the Tender Register in accordance with regulations
For tenders under $100,000, to be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.81 Town Planning, Detailed Area Plans - Variation
Head of Power Local Government Act 1995 (section 5.42 & 5.44)
Town Planning Scheme No 4 (4.27.4)
Planning & Development Act 2005
Power/Duty Delegated
|
Part |
4 – Zones and the Use of Land |
|
Division |
|
|
Section |
|
|
Sub section |
4.27.4 – Variation to detailed area plan |
|
Local Law |
Nil |
|
Relevant Policies |
Nil |
Detail of delegation
The Chief Executive Officer is delegated authority to modify or vary an approved detailed area plan in accordance with Shire of Broome Town Planning Scheme No 4 clause 4.27.4.
Conditions Imposed
The Chief Executive Officer is to take into consideration the intent of any related Development Plan and any planning policy applicable from time to time within the Shire of Broome.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Planning Services
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.82 Town Planning, Directions to comply with Scheme or Interim Development Order (IDO)
Head of Power Local Government Act 1995 (section 5.42 & 5.44)
Town Planning Scheme No 4 (11.3)
Planning & Development Act 2005
Power/Duty Delegated
|
Part |
13 – Enforcement and legal proceedings |
|
Division |
1 - Enforcement |
|
Section |
214 – Illegal development, responsible authority’s powers as to |
|
Sub section |
(2) (3) (5) |
|
Local Law |
Nil |
|
Relevant Policies |
Local Planning Policy 8.13 - Compliance |
Detail of delegation
The Chief Executive Officer is delegated authority to issue and/or withdraw written direction to the owner or any other person undertaking works contrary to the Town Planning Scheme No 4 or the Interim Development Order 4; under the Planning and Development Act 2005 as per Sections 2.14(2),(3) or (5).
Conditions Imposed
The Chief Executive Officer is to take into consideration any planning policy applicable from time to time within the Shire of Broome.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Record requirements Documentation to be placed on the property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.83 Trading Approvals, Suspension of
Head of Power Local Government Act 1995
Power/Duty Delegated
|
Part |
5 Administration |
|
Division |
4 Local Government Employees |
|
Section |
5.42 Delegation of some powers and duties to CEO |
|
Sub section |
|
|
Clause |
2.8 Local Law |
|
Local Law |
Trading, Outdoor Dining and Street Entertainment Local Law 2003 |
|
Relevant Policies |
Local Planning Policy 8.3 – Outdoor Dining |
Detail of delegation
The Chief Executive Officer is delegated authority to suspend/cancel any approval should licence conditions be breached.
Conditions Imposed
The Chief Executive Officer shall exercise this delegation in accordance with Trading, Outdoor Dining and Street Entertainment Local Law 2003, Clause 2.7.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Health & Ranger Services
Responsibility
for trading in relation to goods and services that primarily encompass food
shall be undertaken by the Manager Health Services.
Manager of Planning Services.
Responsibility for outdoor dining licenses for premises approved as restaurant shall be undertaken by the Manager of Planning Services.
Coordinator Environmental Health
Responsibility for outdoor dining licenses for premises approved as restaurant shall be undertaken by the Coordinator Environmental Health.
Manager
Law Enforcement and Compliance
Responsibility
for trading in relation to goods and services other than food on
Council’s Reserves and Public Places shall be undertaken by the Manager
Law Enforcement and Compliance.
Record requirements Documentation to be placed on the reserve/property file and in Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.84 Trading, Outdoor Dining and Street Entertainment
Head of Power Local Government Act 2005
Power/Duty Delegated
|
Part |
5 Administration |
|
Division |
4 Local Government Employees |
|
Section |
5.42 Delegation of some powers and duties to CEO |
|
Sub section |
|
|
Clause |
|
|
Local Law |
Trading, Outdoor dining and Street Entertainment 2003 |
|
Relevant Policies |
4.2.3 Street Entertainment/Busking; 4.2.12 Trading in Public Places; 5.1.3 Commercial Activities on Cable Beach; 5.1.4 Commercial Camel activities on Cable Beach; |
Detail of delegation
The Chief Executive Officer is delegated authority to approve applications to conduct activities in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2003.
Conditions Imposed
Director Development Services and Manager Law Enforcement and Compliance shall liaise with Manager Health Services, Manager Planning Services and Manager Asset and Design.
Sub-delegation Permitted Yes
Sub-delegated to Director Development Services
Manager Health & Ranger Services
Responsibility for trading
in relation to goods and services that primarily encompass food or noise shall
be undertaken by the Manager Health Services.
Responsibility for trading in
relation to goods and services that primarily encompass food or noise shall be
undertaken by the Manager Health Services.
Manager Planning Services
Responsibility for issuing outdoor dining licenses for
premises approved as restaurants, cafe, alfresco.
shall be undertaken by the
Manager
Law Enforcement and Compliance
Responsibility for trading
in relation to goods and services other than food on Council’s Reserves
and Public Places shall be undertaken by the Manager Law Enforcement and
Compliance.
Responsibility
for trading in relation to goods and services other than food on
Council’s Reserves and Public Places shall be undertaken by the Manager
Law Enforcement and Compliance,
Record requirements Documentation to be placed on the reserve/property file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.85 Vehicular Access to Prohibited Areas of Cable Beach
Head of Power Control of Vehicles (Off Road Areas) Act 1978
Power/Duty Delegated
|
Part |
|
|
Division |
|
|
Section |
6 – Driving and Use of Off Road Vehicles |
|
Sub section |
(1) A person shall not drive or use an off-road vehicle in any area to which this section applies otherwise than – (a) on private land by consent; or (b) on land comprised within a permitted area, unless permitted to do so pursuant to section 8(4) or deemed to have been permitted to do so pursuant to subsection (5) of that section.
|
|
Local Law |
Local Government Property and Public Places 2012 |
|
Relevant Policies |
5.1.3 Commercial Activities on Cable Beach 5.1.7 Events Held on Local Government Property and Public Places |
Detail of delegation
In accordance with the exemption notice published in the Government Gazette No 131 on the 26 July 2013, the Chief Executive Officer is delegated authority to approve vehicular access to the prohibited areas of Cable Beach.
Conditions Imposed
1. The Chief Executive Officer may only approve access to the prohibited areas of Cable Beach for up to one vehicle plus a trailer where the approval is associated with an approved private function or event.
2. The Chief Executive Officer may approve access to the prohibited areas of Cable Beach for any number of vehicles where the approval is associated with an approved function or event which is for charitable purpose.
Sub-delegation Permitted No
Sub-delegated to N/A
Record requirements Documentation to be placed on the relevant file.
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date FILE ARE 02
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.86 Venue and Facility Hire – Broome Civic Centre
Head of Power Local Government Act 1995 (Section 5.42)
Power/Duty Delegated
|
Part |
5 |
|
Division |
4 Local Government Employees |
|
Section |
5.42 Delegation of some powers to CEO |
|
Sub section |
|
|
Local Law |
Local Government Property and Public Places Local Law 2012 Part 5 – Hiring of Local Government Property |
|
Relevant Policies |
|
Detail of delegation
The Chief Executive Officer is delegated authority to approve applications for hire of areas, rooms and facilities within the Broome Civic Centre.
Conditions Imposed
The Chief Executive Officer shall consider the appropriate use of the facilities prior to granting approval.
Sub-delegation Permitted Yes
Sub-delegated to Deputy Chief Executive Officer
Manager Community Development
Events
and Venue Coordinator
Events
and Venue Officer
Record requirements Documentation to be placed on the Civic Centre file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.87 Venue and Facility Hire – Broome Recreation and Aquatic Centre
Head of Power Local Government Act 1995 (Section 5.42)
Power/Duty Delegated
|
Part |
5 |
|
Division |
4 Local Government Employees |
|
Section |
5.42 Delegation of some powers to CEO |
|
Sub section |
|
|
Local Law |
Local Government Property and Public Places Local Law 2012 Part 5 – Hiring of Local Government Property |
|
Relevant Policies |
5.2.1 BRAC – Non Sporting Special Events 5.2.2 Advertising/Sponsors Signs within Active Reserves 5.2.3 Safe Alcohol Policy – Liquor Licence trading at the Broome Recreation and Aquatic Centre 5.1.11 Events |
Detail of delegation
The Chief Executive Officer is delegated authority to approve applications for hire of areas, rooms and facilities within the Broome Recreation and Aquatic Centre (BRAC) Reserve (including the Glenn and Pat Medlend Pavilion).
Conditions Imposed
The Chief Executive Officer is to have regard to Council’s Policy:
4.2.2 Guidelines for Concerts, Events and Organised
Gatherings.
5.2.1 BRAC – Non Sporting Special Events
5.2.2 Advertising/Sponsors Signs within Active Reserves
5.2.3 Safe Alcohol Policy – Liquor Licence trading at the Broome Recreation and Aquatic Centre
5.1.11 Events
The
Chief Executive Officer shall consider the appropriate use of the tennis
courts, indoor sports courts, multi-purpose room, swimming pool, squash courts,
licensed kiosk/bar
area, the Glenn and Pat Medlend Pavilion and the BRAC sports fields prior to
granting approval.
The Chief Executive Officer shall determine the need for a road traffic management plan, risk management plan and litter control plan prior to granting approval.
Sub-delegation Permitted Yes
Sub-delegated to Deputy Chief Executive Officer
Manager Community Development
Manager Broome Recreation and Aquatic Centre
Record requirements Documentation to be placed on the reserve file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.88 Venue Hire – Cable Beach
Amphitheatre, Town Beach, Concourse - Male and Haynes Ovals, Glen & Pat Medlend Pavilion, Father McMahon Sports Field and
Joseph Nipper Roe Sports Field
Head of Power Local Government Act 1995 (Section 3.54)
Power/Duty Delegated
|
Part |
3 |
|
Division |
3 |
|
Section |
3.54 Reserves under control of a local government |
|
Sub section |
|
|
Local Law |
Local Government Property and Public Places Local Law 2012 Part 5 – Hiring of Local Government Property |
|
Relevant Policies |
2.3.4 Parks and Reserves Venue Hire Charges and Conditions 5.1.11 Events |
Detail of delegation
The Chief Executive Officer is delegated authority to
approve events to be held on the Cable Beach Amphitheatre, Town Beach,
Concourse - Male and Haynes Ovals, Father McMahon
and Joseph Nipper Roe Sports Fields and Glen & Pat Medlend Pavilion.
Conditions Imposed
The Chief Executive Officer is to have regard for Council’s Policy:
2.3.4 Parks and Reserves Venue Hire Charges and Conditions
5.1.11 Events
The Chief Executive Officer shall determine the need for a road traffic management plan, risk management plan and litter control plan prior to granting approval.
The
Deputy Chief Executive Officer shall liaise with Manager Emergency, Ranger and Beach Health & Ranger Services, Manager Health Services, Manager Planning
Services, Manager Asset and Design, Manager Engineering
Operations and Manager Community Development.
Sub-delegation Permitted Yes
Sub-delegated to Deputy Chief Executive Officer
Director Engineering Services
Director Development Services
Record requirements Documentation to be placed on the reserve file and in the Information Bulletin Report
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
D.89 Write Off of Debts Up to $1,000
Head of Power Local Government Act 1995
Power/Duty Delegated
|
Part |
6. Financial Management |
|
Division |
4 General financial provisions |
|
Section |
6.12 Power To Defer, Grant Discounts, Waive Or Write Off Debts |
|
Sub section |
|
|
Local Law |
|
|
Relevant Policies |
2.1.3 Rates Debt Recovery Policy X.X.X – Business Operating Procedure - Sundry Debt Recovery and Write Off |
Detail of delegation
The Chief Executive Officer is delegated the authority to write off small amounts of any monies owed to the local government, up to a maximum of $1,000 per rates assessment and/or debtor record.
Conditions Imposed
1. The Chief Executive Officer is required to observe any relevant policy.
2. The debt write off is only to be actioned, where in the opinion of the Chief Executive Officer all of the following conditions are satisfied:
a. the value of the debt inclusive of penalty interest, up to $1,000 is unrecoverable;
b. it would be uneconomical to pursue formal debt recovery procedures; and
c. the debtor has maintained a low credit risk history.
3. Monies owing and outstanding after 240 days that are considered doubtful and uneconomical to pursue further debt recovery may be written off after authorisation by either the Director Corporate Services or the Manager Financial Services.
4. All amounts stated are exclusive of GST
Sub-delegation Permitted Yes
Sub-delegated to Director Corporate Services
Manager Financial Services
Record requirements Documentation to be recorded in the register of bad debt write offs and in the Information Bulletin
Reporting requirements To be reported monthly in the Information Bulletin
DECISION
The Delegator Date Reference
Reviewed by Date Reference
Amended by Date Reference
NOTICE OF DELEGATION
Notice in writing Date Reference
Acknowledged Date Reference
Signature
Prohibition (s5.71) and Code of Conduct
If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.
The disclosure must be recorded in the Register of Disclosures.
Disclosure requirements (s5.75 and s5.76)
The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns. The LGA contains severe penalties for failure to comply. It is the responsibility of each individual employee to ensure compliance.
|
10.1 ACCESS AND INCLUSION ADVISORY COMMITTEE - MINUTES 25 NOVEMBER 2014 LOCATION/ADDRESS: Nil APPLICANT: Nil FILE: COS09 AUTHOR: Manager Community Development CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Deputy Chief Executive Officer DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 2 December 2014 |
|
SUMMARY: This report presents the Minutes of the Access and Inclusion Advisory Committee Meeting held 25 November 2014 for Council’s consideration. |
BACKGROUND
The Access and Inclusion Advisory Committee (AIAC) meets quarterly to advise Council on matters of Access and Inclusion and to oversee the development, implementation and review of the Shire’s Disability Access and Inclusion Plan.
Previous Considerations
As outlined in the attached minutes.
COMMENT
The AIAC discussed one item: 5.1 Meeting Dates for 2015 at the meeting held 25 November 2014 and this report now seeks Council’s endorsement of the proposed meeting dates for 2015.
A morning tea was held following the meeting to thank members of the AIAC for their contribution during the year.
CONSULTATION
Nil
STATUTORY ENVIRONMENT
Local Government Act 1995
WA Disability Services Act 1993 (as amended 2004)
Equal Opportunity Amendment Act Western Australia (1988)
Disability Discrimination Act (1992)
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
Nil
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Effective communication
Accessible and safe community spaces
Participation in recreational activity
A healthy and safe environment
High level social capital that increases community capacity
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
An organisational culture that strives for service excellence
Effective community engagement
VOTING REQUIREMENTS
Simple Majority
|
That Council receives the Minutes of the Access and Inclusion Advisory Committee (AIAC) meeting held on 3 June 2014 and; 1. Adopts the following meeting dates for 2015 to be held on Tuesday, commencing at 10.30am in the Shire of Broome Committee Room; Tuesday 17 February 2015 Tuesday 19 May 2015 Tuesday 18 August 2015 Tuesday 17 November 2015 2. Requests the Chief Executive Officer to schedule a half hour briefing session immediately prior to each meeting commencing at 10am. 3. Requests the Chief Executive Officer to arrange training for the committee regarding meeting procedure and legislative requirements.
|
|
MINUTES - Access and Inclusion Advisory Committee - 25 November 2014 |
|
Item 10.1 - ACCESS AND INCLUSION ADVISORY COMMITTEE - MINUTES 25 NOVEMBER 2014 |
MINUTES - Access and Inclusion Advisory Committee - 25 November 2014 |
MINUTES
ACCESS AND INCLUSION
ADVISORY COMMITTEE MEETING
HELD AT THE SHIRE OF BROOME –
FUNCTION ROOM AT 10.00AM
25 NOVEMBER 2015
SHIRE OF BROOME
ACCESS AND INCLUSION ADVISORY COMMITTEE MEETING
25 NOVEMBER 2014
INDEX - AGENDA
1. OFFICIAL OPENING
2. ATTENDANCE AND APOLOGIES. 4
3. DECLARATIONS OF FINANCIAL INTEREST / IMPARTIALITY
4. CONFIRMATION OF PREVIOUS MINUTES
5. ITEMS FOR DISCUSSION
5.1 MEETING DATES FOR 2015 – ACCESS AND INCLUSION ADVISORY COMMITTEE
6. NEXT MEETING
7. MEETING CLOSURE
|
1. OFFICIAL OPENING |
The Chairperson declared the meeting open at 10.07am.
|
2. ATTENDANCE AND APOLOGIES |
Attendance: Bec Jennings Broome CIRCLE
Dorothy McKee Broome Primary School
Justin Mortley Education Department
Marie Shinn Ethnic Disability Advocacy Centre
Elaine Clarke Kimberley Individual & Family Support Assoc. Andy Guidera Bali Hai Resort
Kristie Courtenay Kimberley Training Institute
Steve Cook Kimberley Personnel
Apologies: Cr Anne Poelina
Caterina Ponzio
Officers: Paul Martin Deputy CEO
Michael Dale Director Engineering Services
Suzie Haslehurst Manager Community Development
Traci Alchin Administration Officer
Public Gallery: Nil
|
3. DECLARATIONS OF FINANCIAL INTEREST / IMPARTIALITY |
Nil
|
4. CONFIRMATION OF PREVIOUS MINUTES |
|
Moved: Dorothy McKee Seconded: Steve Cook
That the Minutes of the Access and Inclusion Advisory Committee meeting held on 2 September 2014 be confirmed as a true and accurate record of that meeting.
UNANIMOUSLY CARRIED 8/0
|
5. ITEMS FOR DISCUSSION |
|
5.1 MEETING DATES FOR 2015 – ACCESS AND INCLUSION ADVISORY COMMITTEE |
|
|
|
|
|
LOCATION/ADDRESS: |
Nil |
|
APPLICANT: |
Nil |
|
FILE: |
COS09 |
|
AUTHOR: |
Youth and Community Development Officer |
|
CONTRIBUTOR/S |
Nil |
|
RESPONSIBLE OFFICER: |
Deputy Chief Executive Officer |
|
DISCLOSURE OF INTEREST: |
Nil |
|
DATE OF REPORT: |
17 November 2014 |
|
|
|
|
SUMMARY: This report recommends that the Access and Inclusion Advisory Committee adopts the proposed meeting dates for meetings to be held in 2015, to enable advertising as required under the Local Government Act 1995.
It is proposed that a short briefing session is held immediately prior to each meeting to allow for discussion and clarification of items prior to the meeting and informal discussion of minor matters that do not require a committee recommendation.
It is also proposed that training is scheduled for the committee in February 2015 regarding meeting procedure and legislative requirements.
|
|
BACKGROUND
Previous Considerations
OMC 21 November 2013 Item 9.4.6
In accordance with Regulation 12(1) of the Local Government (Administration) Regulations 1996, at least once each year a local government is to give local public notice of the dates, times and place at which the Meetings of Council are to be held in the next 12 months. As such, the Shire of Broome is required to advertise the meeting dates for the Access and Inclusion Advisory Committee (AIAC) for 2015.
Over the last year the committee has adopted a more formalised meeting structure which has enabled more effective meetings and allowed direct reporting to Council through ordinary Council meetings. However the formal meeting structure does not allow for general discussion of agenda items, informal discussions and networking. This may be enabled by scheduling a short briefing session prior to the meeting.
Many committee members are community representatives and are not familiar with formal Council meeting procedure and the legislative requirements of a committee of Council. As such it is proposed that training is provided for all committee members.
COMMENT
In accordance with the terms of reference the Access and inclusion Advisory Committee meet quarterly. It is proposed that the meetings are held in the Shire of Broome Committee Room on Tuesdays commencing at 10:30am.
The following four (4) meeting dates are proposed for Arts, Culture and Heritage Advisory Committee Meetings for 2015:
Tuesday 17 February 2015
Tuesday 19 May 2015
Tuesday 18 August 2015
Tuesday 17 November 2015
It is proposed a briefing session is held half an hour prior to each scheduled meeting, commencing at 10am. The purpose of the briefing session will be for committee members to seek clarification regarding agenda items and to discuss minor matters that do not require committee resolution. Committee members may share information about projects and upcoming events and training opportunities.
A training session will be scheduled for the committee to cover meeting procedure and legislative requirements of Committees of Council. The Committee will be notified of the date and venue for the training once these have been confirmed.
CONSULTATION
Nil
STATUTORY ENVIRONMENT
Local Government Act 1995
5.3. Ordinary and special council meetings
(1) A council is to hold ordinary meetings and may hold special meetings.
(2) Ordinary meetings are to be held not more than 3 months apart.
(3) If a council fails to meet as required by subsection (2) the CEO is to notify the Minister of that failure.
5.25. Regulations about council and committee meetings and committees
(1) Without limiting the generality of section 9.59, regulations may make provision in relation to:
(g) the giving of public notice of the date and agenda for council or committee meetings;
Local Government (Administration) Regulations 1996
12. Public notice of council or committee meetings — s.5.25(1)(g)
(1) At least once each year a local government is to give local public notice of the dates on which and the time and place at which —
(a) the ordinary council meetings; and
(b) the committee meetings that are required under the Act to be open to members of the public or that are proposed to be open to members of the public,
are to be held in the next 12 months.
(2) A local government is to give local public notice of any change to the date, time or place of a meeting referred to in sub-regulation (1).
(3) Subject to sub-regulation (4), if a special meeting of a council is to be open to members of the public then the local government is to give local public notice of the date, time, place and purpose of the special meeting.
(4) If a special meeting of a council is to be open to members of the public but, in the CEO’s opinion, it is not practicable to give local public notice of the matters referred to in sub-regulation (3), then the local government is to give public notice of the date, time, place and purpose of the special meeting in the manner and to the extent that, in the CEO’s opinion, is practicable.
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
Nil
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Encourage communication.
Nurture and build social capital to increase community capacity.
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
Develop an organisational culture that strives for service excellence.
Encourage community engagement.
Improve systems, processes and compliance.
VOTING REQUIREMENTS
Simple Majority
|
REPORT RECOMMENDATION:
The Committee recommends that Council:
1. Adopts the following Access and Inclusion Advisory Committee meeting dates for 2015. Meetings to be held quarterly on Tuesdays commencing at 10:30am, in the Shire of Broome Committee Room;
Tuesday 17 February 2015 Tuesday 19 May 2015 Tuesday 18 August 2015 Tuesday 17 November 2015
2. Requests the Chief Executive Officer to schedule a half hour briefing session immediately prior to each meeting commencing at 10am.
3. Requests the Chief Executive Officer to arrange training for the committee regarding meeting procedure and legislative requirements.
Moved: Steve Cook Seconded: Dorothy McKee
CARRIED UNANIMOUSLY 8/0
|
Attachment: Nil
COMMITTEE RESOLUTION:
Moved: Steve Cook Seconded: Justin Mortley
That Standing Orders be suspended at 10:11am.
CARRIED UNANIMOUSLY 8/0
COMMITTEE RESOLUTION:
Moved: Steve Cook Seconded: Marie Shinn
That Standing Orders be reinstated at 10:15am.
CARRIED UNANIMOUSLY 9/0
|
COMMITTEE RECOMMENDATION: (REPORT RECOMMENDATION)
The Committee recommends that Council:
1. Adopts the following Access and Inclusion Advisory Committee meeting dates for 2015. Meetings to be held quarterly on Tuesdays commencing at 10:30am, in the Shire of Broome Committee Room;
Tuesday 17 February 2015 Tuesday 19 May 2015 Tuesday 18 August 2015 Tuesday 17 November 2015
2. Requests the Chief Executive Officer to schedule a half hour briefing session immediately prior to each meeting commencing at 10am.
3. Requests the Chief Executive Officer to arrange training for the committee regarding meeting procedure and legislative requirements.
Moved: Steve Cook Seconded: Dorothy McKee
CARRIED UNANIMOUSLY 8/0
|
|
6. NEXT MEETING |
The date of the next meeting of the Access and Inclusion Advisory Committee will be confirmed by Council at the 18 December 2014 Ordinary Meeting of Council. It is proposed the meeting will be held on 17 February 2014 at 10:30am in the Committee Room of the Shire Offices
|
7. MEETING CLOSURE |
There being no further business the Chairperson declared the meeting closed at 10.17 am.
|
10.2 ARTS, CULTURE AND HERITAGE COMMITTEE - MINUTES 27 NOVEMBER 2014 LOCATION/ADDRESS: Nil APPLICANT: Nil FILE: RCS12 AUTHOR: Manager Community Development CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Deputy Chief Executive Officer DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 2 December 2014 |
|
SUMMARY: This report presents the minutes of the Arts, Culture and Heritage Advisory Committee Meeting held 27 November 2014 and seeks Council’s consideration of the Committee’s recommendations. |
BACKGROUND
The purpose of the Arts, Culture and Heritage Advisory Committee (ACHAC) is:
To provide advice to Council on matters of Arts, Culture and Heritage. This includes
matters relating to the Shinju Matsuri Festival such as the scope of financial and in
kind support provided to the festival and participation in the Shinju Matsuri
Acquisitive Arts Prize.
To provide advice to Council to guide the implementation of the Shire of Broome
Public Art Policy.
Previous Considerations
As detailed in the Minutes attached.
The meeting was originally scheduled to take place on 18 November 2014. However after 30 minutes, it was determined that a quorum did not exist and the meeting was adjourned until 27 November 2014 in accordance with Regulation 8 (c) of the Local Government (Administration) Regulations 1996 (s 5.25 (1) (c) Local Government Act 1995).
COMMENT
At the meeting held on 27 November 2014, the ACHAC was asked to consider the following items:
5.1 Broome Civic Centre Logo
5.2 Meeting Dates for 2015
As one member of the ACHAC declared a financial interest relating to Item 5.1 and was required to leave the room, it was determined that a quorum did not exist and that this item could not be formally considered by the Committee. The matter was discussed informally after the closure of the meeting and in the interests of progressing this matter, Officers seek Council’s endorsement of Concept 1 as the basis for the development of a logo for the Broome Civic Centre. This concept is the one favoured by members of the ACHAC.
Meeting Dates were discussed and a recommendation made by the Committee to hold meetings quarterly on a Thursday commencing at 3pm.
CONSULTATION
Nil
STATUTORY ENVIRONMENT
As detailed in the Minutes attached.
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
As detailed in the Minutes attached.
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Effective communication
Affordable services and initiatives to satisfy community need
High level social capital that increases community capacity
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
An organisational culture that strives for service excellence
Effective community engagement
Improved systems, processes and compliance
VOTING REQUIREMENTS
Simple Majority
|
1. That Council receives the Minutes of the meeting of the Arts, Culture and Heritage Advisory Committee held on 27 November and adopts the following meeting dates for 2015 to be held on Thursdays, commencing at 3pm in the Shire of Broome Committee Room; Thursday 5 February 2015 Thursday 16 April 2015 Thursday 16 July 2015 Thursday 15 October 2015
|
OFFICER RECOMMENDATION:
That Council requests the Chief Executive Officer to use Concept 1 to develop the logo for the Broome Civic Centre as outlined in the Officer report contained in the attached Minutes.
|
MINUTES - Arts Culture & Heritage Advisory Committee 27 November 2014 |
|
Item 10.2 - ARTS, CULTURE AND HERITAGE COMMITTEE - MINUTES 27 NOVEMBER 2014 |
MINUTES - Arts Culture & Heritage Advisory Committee 27 November 2014 |
MINUTES
ARTS, CULTURE & HERITAGE
ADVISORY COMMITTEE MEETING
HELD AT THE SHIRE OF BROOME –
FUNCTION ROOM AT 3:00PM
18 November 2014
(Adjourned to 27 November 2014)
SHIRE OF BROOME
ARTS, CULTURE & HERITAGE ADVISORY COMMITTEE MEETING
18 NOVEMBER 2014
INDEX - AGENDA
1. OFFICIAL OPENING (27 November 2014)
2. ATTENDANCE AND APOLOGIES. 5
3. DECLARATIONS OF FINANCIAL INTEREST / IMPARTIALITY
4. CONFIRMATION OF PREVIOUS MINUTES
5. ITEMS FOR DISCUSSION
5.1 BROOME CIVIC CENTRE LOGO.. 6
5.2 MEETING DATES FOR 2015 – ARTS CULTURE AND HERITAGE ADVISORY COMMITTEE
6. NEXT MEETING
7. MEETING CLOSURE
NOTICE OF MEETING
Dear Committee Member,
The next Arts, Culture & Heritage Advisory Committee Meeting of the Shire of Broome will be held on 18 November 2014, in the Function Room, Corner Weld and Haas Streets, Broome, commencing at 3pm.
Regards
K R DONOHOE
Chief Executive Officer
11 November 2014
It was established that after 30 minutes there was no quorum and the meeting was adjourned in accordance with Regulation 8 of the Local Government (Administration) Regulations 1996 as follows:
8. No quorum, procedure if (Act s. 5.25(1)(c))
If a quorum has not been established within the 30 minutes after a council or
committee meeting is due to begin then the meeting can be adjourned —
(a) in the case of a council, by the mayor or president or if the mayor or
president is not present at the meeting, by the deputy mayor or deputy
president; or
(b) in the case of a committee, by the presiding member of the committee or
if the presiding member is not present at the meeting, by the deputy
presiding member; or
(c) if no person referred to in paragraph (a) or (b), as the case requires, is
present at the meeting, by a majority of members present; or
(d) if only one member is present, by that member; or
(e) if no member is present or if no member other than the CEO is present, by
the CEO or a person authorised by the CEO.
The meeting was adjourned at 3.32pm in accordance with Regulation 8 (c), until
Thursday 27 November at 3.30pm.
|
1. OFFICIAL OPENING |
The Chairperson declared the meeting open at 3.48pm.
|
2. ATTENDANCE AND APOLOGIES |
Attendance: Eunice Yu (Chairperson)
Gwen Knox
Rani Middleton
Cr Anne Poelina
Sarah Yu
Apologies: Adele Peek
Cr Mark Manado
Cr Philip Matsumoto
Officers: Paul Martin Deputy Chief Executive Officer
Suzie Haslehurst Manager Community Development
Traci Alchin Administration Officer, Community & Economic Development
|
3. DECLARATIONS OF FINANCIAL INTEREST / IMPARTIALITY |
|
FINANCIAL INTEREST |
|||
|
Committee Member |
Item No |
Item |
Nature of Interest |
|
Rani Middleton |
5.1 |
Broome Civic Centre logo |
Member’s husband’s architecture studio designed the logo concept 1 |
|
IMPARTIALITY |
|||
|
Committee Member |
Item No |
Item |
Nature of Interest |
|
|
|
|
|
|
|
|
|
|
|
4. CONFIRMATION OF PREVIOUS MINUTES |
|
Moved: Rani Middleton Seconded: Gwen Knox
That the Minutes of the Arts, Culture & Heritage Advisory Committee meeting held on 27 May 2014 be confirmed as a true and accurate record of that meeting.
CARRIED UNANIMOUSLY 5/0 |
|
5. ITEMS FOR DISCUSSION |
With regard to Item 5.1 R Middleton declared a Financial Interest as the “Member’s husband’s architecture studio designed the logo” and departed the room at 3.52pm.
It was noted that with R Middleton’s departure there was a lack of a quorum.
The Chairperson advised that there was no quorum to consider Item 5.1 and proceeded to the next item of business.
|
5.1 BROOME CIVIC CENTRE LOGO |
|
|
|
|
|
LOCATION/ADDRESS: |
Broome Civic Centre |
|
APPLICANT: |
Nil |
|
FILE: |
COC001 |
|
AUTHOR: |
Events and Venue Officer |
|
CONTRIBUTOR/S |
Manager Community Development |
|
RESPONSIBLE OFFICER: |
Deputy Chief Executive Officer |
|
DISCLOSURE OF INTEREST: |
Nil |
|
DATE OF REPORT: |
23 October 2014 |
|
|
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SUMMARY: This report seeks the Arts, Culture and Heritage Advisory Committee’s consideration and endorsement of the graphics for the newly designed Broome Civic Centre Logo.
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BACKGROUND
Previous Considerations
OMC 12 July 2012 Item 9.1.3
OMC 4 October 2012 Item 9.1.2
OMC 17 October 2013 Item 10.1
ACAHC 27 May 2014 Item 5.3
OMC 24 July 2014 Item 10.4
An allocation for the development of a dedicated website for the Broome Civic Centre was approved by Council in the 2013/14 budget. Officers engaged Market Creations in December 2013 to build and design website and during development the need for a logo was identified.
Market Creations was engaged in March 2014 to provide concepts for the logo. A number of design concepts were presented which captured the unique heritage of the building while communicating the diverse functionality and vibrancy of the newly refurbished venue. Several preliminary concepts were considered and six concepts were presented to the Arts, Culture and Heritage Advisory Committee and consequently Council for consideration.
The Committee approved the logo template but made the following alternate recommendation which was endorsed by Council at the OMC held on 24 July 2014.
1. Seek submissions from local artists for the three images contained within the concept; and
2. Ensure cultural protocols are considered; and
3. Present the final concept design options to the Committee for consideration and recommendation to Council
COMMENT
Officers sought public submissions for the artwork, to fill the three separate graphics for each of the coloured squares in the approved logo template.
The design brief included the following specifications:
· The design will need to ensure it complements the current Shire of Broome logo and keeps within the Shire of Broome’s Corporate Identity Guide.
· The design should reflect the history and culture of the Civic Centre.
· The design will reflect the function and purpose of the Civic Centre as a multipurpose centre which hosts events including conferences, meetings, seminars, comedy, theatre, birthdays, community festival events and more.
· The final design must be able to be reproduced in various sizes and formats including letterhead, business cards, large signage, and website and embroidered on uniforms.
· The design should be contemporary, original and creative
Submissions were sought from the public during the period 14 to 31 October 2014. Officers promoted the design brief through the Shire News (both electronic and print versions), Shire of Broome website, Shire of Broome Facebook page, Broome Civic Centre Facebook page, and electronic direct mail outs to local artists and schools. A $500 cash prize was offered for the winning design.
At the close of the submissions period four design concepts were received which are now presented for the committee for consideration. The concepts are outlined below including comments from the artists:
Concept 1
“This design is based on the people of Broome involved with the performance of Sammy the Dragon. It’s the people that gives the Civic Centre, and Sammy, its heart and place in Broome. Sammy’s body also makes the form of the aerial view of Broome’s Roebuck Bay; this creates a relationship of the Shire of Broome’s logo which has the land and water incorporated into their logo”.
Three separate logos were submitted in conjunction with the Shire of Broome logo on white and dark backgrounds and also one presented using the Shire of Broome corporate colours.
Concept 2
No description was provided by the artist. Three separate images include a camel, crocodile and turtle. The images have been put together on both a white and dark background with the Shire of Broome Logo.
Concept 3
“It features Jessica Malboy singing from the movie Bran Nue Dae, the Civic Centre roof line and Sammy the Dragon”. The logo has been presented with both a white and dark background next to the Shire of Broome Logo.
Concept 4
“I tried to reflect the history and the Chinese influence on the Civic Centre. I also tried to catch its' function and purpose, and the activities and celebrations which it will be used for”. The three separate images have been presented on the colour squares using similar colours to the design brief.
Summary
Officers have reviewed the concepts and recommend that concept 1 be used as part of the new Civic Centre Logo. This design reflects the history of the Centre and its strong connection with Shinju Matsuri - Festival of the Pearl. A number of Shinju Matsuri events are held at the Civic Centre throughout the festival and is the home of the Shinju Matsuri mascot, Sammy the Dragon. The logo design also strongly complements the Shire of Broome Corporate Logo. It is proposed that some work is done to increase the definition of the image to ensure quality reproduction.
CONSULTATION
Nil
STATUTORY ENVIRONMENT
Nil
POLICY IMPLICATIONS
1.3.1 Media Policy
2.4.1 Asset Management Policy
FINANCIAL IMPLICATIONS
A sum of $500 is to be awarded to the creator of the winning design from the 2014/15 Broome Civic Centre marketing budget (GL 116493).
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Encourage communication.
Create community spaces.
Encourage recreational activity.
Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:
Preserve and promote the unique and significant historical and cultural heritage of Broome.
Retain and build on Broome’s iconic tourism assets and reputation.
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
Develop an organisational culture that strives for service excellence.
Encourage community engagement.
VOTING REQUIREMENTS
Simple Majority
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REPORT RECOMMENDATION:
That the Committee recommends that Council requests the Chief Executive Officer to use Concept 1 (as attached) to develop the logo for the Broome Civic Centre.
Moved: Seconded:
FOR: AGAINST:
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Attachment: 17 Pages
R Middleton rejoined the meeting at 3.53pm.
5.2 MEETING DATES FOR 2015 – ARTS CULTURE AND HERITAGE ADVISORY COMMITTEE |
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LOCATION/ADDRESS: |
Nil |
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APPLICANT: |
Nil |
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FILE: |
RCS12 |
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AUTHOR: |
Youth and Community Development Officer |
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CONTRIBUTOR/S |
Nil |
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RESPONSIBLE OFFICER: |
Deputy Chief Executive Officer |
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DISCLOSURE OF INTEREST: |
Nil |
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DATE OF REPORT: |
6 November 2014 |
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SUMMARY: This report recommends that the Arts, Culture and Heritage Advisory Committee adopts the proposed meeting dates for meetings to be held in 2015, to enable advertising as required under the Local Government Act 1995.
It is also recommended that training is scheduled for the committee in February 2015 regarding meeting procedure and legislative requirements.
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BACKGROUND
Previous Considerations
ACHAC 10 January 2013 Item 6.2
OMC 21 November 2013 Item 9.4.6
In accordance with Regulation 12(1) of the Local Government (Administration) Regulations 1996, at least once each year a local government is to give local public notice of the dates, times and place at which the Meetings of Council are to be held in the next 12 months. As such, the Shire of Broome is required to advertise the meeting dates for the Arts, Culture and Heritage Advisory Committee (ACHAC) for 2015.
Over the last year the committee has adopted a more formalised meeting structure which has enabled more effective meetings and allowed direct reporting to Council through Ordinary Council Meetings. However many committee members are community representatives and are not familiar with formal Council meeting procedure and the legislative requirements of a committee of Council. As such it is recommended that training is provided for all committee members.
COMMENT
In accordance with the terms of reference the Arts Culture and Heritage Committee will meet quarterly. It is proposed that the meetings are held in the Shire of Broome Committee Room on Wednesdays commencing at 3pm.
The following four (4) meeting dates are proposed for Arts, Culture and Heritage Advisory Committee Meetings for 2015:
Wednesday 4 February 2015
Wednesday 14 April 2015
Wednesday 14 July 2015
Wednesday 13 October 2015
A training session will be scheduled for the committee to cover meeting procedure and legislative requirements of Committees of Council. The Committee will be notified of the date and venue for the training once these have been confirmed.
CONSULTATION
Nil
STATUTORY ENVIRONMENT
Local Government Act 1995
5.3. Ordinary and special council meetings
(1) A council is to hold ordinary meetings and may hold special meetings.
(2) Ordinary meetings are to be held not more than 3 months apart.
(3) If a council fails to meet as required by subsection (2) the CEO is to notify the Minister of that failure.
5.25. Regulations about council and committee meetings and committees
(1) Without limiting the generality of section 9.59, regulations may make provision in relation to:
(g) the giving of public notice of the date and agenda for council or committee meetings;
Local Government (Administration) Regulations 1996
12. Public notice of council or committee meetings — s.5.25(1)(g)
(1) At least once each year a local government is to give local public notice of the dates on which and the time and place at which —
(a) the ordinary council meetings; and
(b) the committee meetings that are required under the Act to be open to members of the public or that are proposed to be open to members of the public,
are to be held in the next 12 months.
(2) A local government is to give local public notice of any change to the date, time or place of a meeting referred to in sub-regulation (1).
(3) Subject to sub-regulation (4), if a special meeting of a council is to be open to members of the public then the local government is to give local public notice of the date, time, place and purpose of the special meeting.
(4) If a special meeting of a council is to be open to members of the public but, in the CEO’s opinion, it is not practicable to give local public notice of the matters referred to in sub-regulation (3), then the local government is to give public notice of the date, time, place and purpose of the special meeting in the manner and to the extent that, in the CEO’s opinion, is practicable.
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
Nil
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Encourage communication.
Nurture and build social capital to increase community capacity.
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
Develop an organisational culture that strives for service excellence.
Encourage community engagement.
Improve systems, processes and compliance.
VOTING REQUIREMENTS
Simple Majority
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REPORT RECOMMENDATION:
The Committee recommends that Council adopts the following Arts Culture and Heritage Advisory Committee meeting dates for 2015. Meetings to be held quarterly on Wednesdays commencing at 3pm, in the Shire of Broome Committee Room;
Wednesday 4 February 2015 Wednesday 14 April 2015 Wednesday 14 July 2015 Wednesday 13 October 2015
Moved: Seconded:
FOR: AGAINST:
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Attachment: Nil
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COMMITTEE RECOMMENDATION:
The Committee recommends that Council adopts the following Arts Culture and Heritage Advisory Committee meeting dates for 2015. Meetings to be held quarterly on Wednesdays commencing at 3pm, in the Shire of Broome Committee Room;
Thursday 5 February 2015 Thursday 16 April 2015 Thursday 16 July 2015 Thursday 15 October 2015
Moved: Cr Anne Poelina Seconded: Gwen Knox
Carried unanimously 5/0 |
Reason: Wednesday meeting times did not suit some members of the committee.
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6. NEXT MEETING |
The date of the next meeting will be confirmed by Council at the 18 December 2014 Ordinary Meeting of Council. It is proposed the meeting will be held on 5 February 2014 at 3pm in the Committee Room of the Shire Offices
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7. MEETING CLOSURE |
There being no further business the Chairperson declared the meeting closed at 4pm.
