Attachments Under Separate Cover
FOR THE
Ordinary Meeting of Council
18 December, 2014
Attachments Under Separate Cover
FOR THE
Ordinary Meeting of Council
18 December, 2014
Ordinary Meeting of Council
18 December 2014
Attachments Under Separate Cover
9.4.2 REVIEW OF DELEGATIONS OF AUTHORITY
Attachment 1 Instrument of Delegation Register 2
10.2 ARTS, CULTURE AND HERITAGE COMMITTEE - MINUTES 27 NOVEMBER 2014
Attachment 2 Additional late attachments - Civic Centre Logo 185
|
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
