Policy Review and Development Committee Notice … Agendas and...Notice of Meeting & Agenda 31 May...

City of Bunbury 4 Stephen Street

Bunbury WA 6230 Western Australia

Correspondence to: Post Office Box 21

Bunbury WA 6231

Telephone: (08) 9792 7230 ◌ Facsimile: (08) 9792 7184 ◌ TTY: (08) 9792 7370 ◌ www.bunbury.wa.gov.au

Policy Review and Development Committee Notice of Meeting & Agenda 31 May 2018 Committee Terms of Reference

1 To review all existing Bunbury City Council policies within a two year period, in line with the local government election cycle and facilitate the development of new policies for consideration by Council on an ongoing basis.

2 To make recommendations to Council on matters of policy, policy and local law review and policy and local law development.

3 To explore opportunities that promote policy development in all areas that are within Council’s jurisdiction.

4 To allow any draft policy developed and fully considered by another Advisory Committee of Council to be referred directly to Council for consideration.

5 To provide Bunbury City Councillors with assistance and support to develop new Council policies.

http://mydocs/sites/cp/Policy%20Review%20and%20Development%20Committee/CP-RDC-00010%2016%20April%202015/www.bunbury.wa.gov.au

Policy Review and Development Committee Notice of Meeting Dear Committee Members The next Ordinary Meeting of the Policy Review and Development Committee will be held in the Ocean Room, 2-4 Stephen Street, Bunbury on 31 May 2018 at 10.30am. Signed: Greg Golinski Manager Governance

Agenda 31 May 2018

Members of the public to note that recommendations made by this committee are not final and will be subject to adoption (or otherwise) at a future meeting of the Bunbury City Council.

Committee Members:

Member Name Representing

Mayor Gary Brennan City of Bunbury

Cr Jaysen Miguel (Presiding Member) City of Bunbury

Cr James Hayward City of Bunbury

Cr Todd Brown City of Bunbury

Mark Seaward BGCCI

Ex-officio Members (non-voting):

Member Name Representing

Mr Mal Osborne Chief Executive Officer

Support Staff:

Name Title

Mr Greg Golinski Manager Governance

31 May 2018 Agenda – Policy Review and Development Committee ______________________________________________________________________________

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Table of Contents

Item No Subject Page No

1. Declaration of Opening ................................................................................................................... 3

2. Disclaimer ...................................................................................................................................... 3

3. Announcements from the Presiding Member .................................................................................. 3

4. Attendances ................................................................................................................................... 3

4.1 Apologies ........................................................................................................................................ 3

4.2 Approved Leave of Absence ........................................................................................................... 3

5. Declaration of Interest .................................................................................................................... 3

6. Public Question Time ...................................................................................................................... 3

7. Confirmation of Minutes ................................................................................................................. 3

8. Petitions, Presentations and Deputations ........................................................................................ 4

8.1 Petitions ......................................................................................................................................... 4

8.2 Presentations ................................................................................................................................. 4

8.3 Deputations .................................................................................................................................... 4

9. Method of Dealing with Agenda Business ........................................................................................ 4

10. Reports .......................................................................................................................................... 5

10.1 Proposed Standing Orders Amendment Local Law 2018 .............................................................. 5

10.2 Proposed City of Bunbury Penalty Unit Local Law 2018 ................................................................ 9

10.3 Proposed New Council Policy: Execution of Documents ............................................................. 12

10.4 Review of Delegations 2017/18 ................................................................................................... 14

10.5 Review of Council Policy: Leases and Licences ............................................................................ 16

10.6 Review of Council Policy: Private Use of Mayoral Vehicle ........................................................... 19

11. Applications for Leave of Absence ................................................................................................. 21

12. Questions from Members ............................................................................................................. 21

12.1 Response to Previous Questions from Members taken on Notice .............................................. 21

12.2 Questions from Members ............................................................................................................ 21

13. Urgent Business ............................................................................................................................ 21

14. Date of Next Meeting ................................................................................................................... 21

15. Close of Meeting........................................................................................................................... 21


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1. Declaration of Opening The Presiding Member declared the meeting open at ______ am.

2. Disclaimer Not applicable to this committee.

3. Announcements from the Presiding Member

4. Attendances 4.1 Apologies 4.2 Approved Leave of Absence

5. Declaration of Interest

IMPORTANT: Committee members to complete a “Disclosure of Interest” form for each item on the agenda in which they wish to disclose a financial/proximity/impartiality interest. They should give the form to the Presiding Member before the meeting commences. After the meeting, the form is to be forwarded to the Administration Services Section for inclusion in the Corporate Financial Disclosures Register.

6. Public Question Time Not applicable

7. Confirmation of Minutes

Committee Decision: Moved ___________ Seconded ___________

The minutes of the Policy Review and Development Committee Meeting held on 29 March 2018 are confirmed as a true and accurate record.

CARRIED/LOST


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8. Petitions, Presentations and Deputations

8.1 Petitions Nil 8.2 Presentations Nil 8.3 Deputations Nil

9. Method of Dealing with Agenda Business


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10. Reports 10.1 Proposed Standing Orders Amendment Local Law 2018

Applicant/Proponent: City of Bunbury

Responsible Officer: Greg Golinski, Manager Governance

Responsible Manager: Greg Golinski, Manager Governance

Executive: Mal Osborne, Chief Executive Officer

Authority/Discretion ☐ Advocacy

☐ Executive/Strategic

☒ Legislative

☐ Review

☐ Quasi-Judicial

☐ Information Purposes

Attachments: Appendix 1A: Draft Standing Orders Amendment Local Law Appendix 1B: Standing Orders Local Law 2012

Summary The purpose of this report is for the Committee to consider initiating the process to amend its Standing Orders Local Law 2012. This is achieved through the drafting of an amendment local law (Appendix 1A). Should the Committee (and then Council) support the Executive Recommendation, a statutory public consultation period of 42 days applies (minimum) will need to be adhered to, following which the draft amendment local law, along with any submissions received, will need to come back to the Committee and then Council for final approval. Executive Recommendation That the Committee recommend that Council agrees to give public notice of its intention to make the City of Bunbury Standing Orders Amendment Local Law 2018, in accordance with section 3.12 of the Local Government Act 1995.

Voting Requirements: Simple Majority Vote

Strategic Relevance Theme 4: Our City Goal: Civic leadership, partnerships and sound governance in delivering

with and for the community Objective 4.3: Trusted leadership and robust decision-making

Background The City of Bunbury gave local and state-wide public notice pursuant to section 3.16(2) of the Local Government Act on February 2018 of its intention to review the Standing Orders Local Law 2012 (the Standing Orders). Procedurally, the process for amending a local law (via an amendment local law) is exactly the same as creating a new local law. The process is depicted overleaf.


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Council Policy and Legislative Compliance Section 3.12 of the Local Government Act 1995 outlines the process for the creation of a new local law and is applicable. Section 3.16 of the Local Government Act 1995 requires that local laws be reviewed every 8 years. Officer Comments Officers have reviewed the current Standing Orders, including undertaking comparisons against meeting procedure local laws from other jurisdictions. Whilst adopted in 2012, the City’s Standing Orders are considered to still be of a contemporary standard, with few (if any) historical examples of when the Standing Orders were deficient in being able to manage particular matters at meetings of the Council. There are however some minor aspects of the current Standing Orders that Officers consider could be better-clarified. These are based on observation of Council meetings under the current Standing Orders over the past 5 years, and are reflected in the attached draft Standing Orders Amendment Local Law (Appendix 1A). The proposed amendments are summarised as follows:

1. Clause 4 of Amendment Local Law (Appendix 1A). Amend clause 8.9 of the Standing Orders to enable the mover of an amendment to a motion to exercise a right of reply, as is the case with the mover of a substantive motion.

2. Clause 5 of Amendment Local Law (Appendix 1A).

Introduce an additional procedural motion to enable an item to be deferred. The Standing Orders currently allow “debate to be adjourned”, which by definition requires a motion to have been moved and seconded. There have been a number of occasions where an Elected Member has moved to defer an item prior to any motion being moved, which is not catered for in the Standing Orders. This amendment would enable this to occur, whilst still retaining the ability to adjourn debate if a motion is already on the table. The effect of these two procedural motions is identical.

3. Clause 6 of Amendment Local law (Appendix 1A).

Simply renumber those paragraphs mentioned to incorporate the addition of the procedural motion to “defer the item” as mentioned above.


Clarify the procedural motion to “proceed to the next item of business” by including reference to an amendment in subclause (b), to be consistent with subclause (a). The effect of this if so carried will be that Council proceeds to the next item of business and that no decision will be made on either the substantive motion or amendment.



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Expand on the parameters of when “debate is adjourned” to require the recording of names of who has spoken for and against the motion in the minutes. This will ensure that no member can speak twice on an item once the matter is resumed at a later date.


Introduce some parameters for when the proposed new procedural motion to “defer the item” is moved/seconded. This is consistent with the parameters for when “debate is adjourned”.

The purpose of the draft local law is amend the City of Bunbury Standing orders Local Law 2012 in which provides rules and guidelines that apply to the conduct of all meetings of the Council and its committees and to meetings of electors. The effect of the draft local law is to help ensure:

(a) better decision-making by the Council and committees; (b) the orderly conduct of meetings dealing with Council business; (c) better understanding of the process of conducting meetings; and (d) more efficient and effective use of time at meetings.

Analysis of Financial and Budget Implications Gazettal and advertising costs will be accommodated in the 2018/19 budget. Councillor/Officer Consultation This matter is presented to the Committee for consideration.


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10.2 Proposed City of Bunbury Penalty Unit Local Law 2018

Applicant/Proponent: City of Bunbury






☒ Legislative

☐ Review

☐ Quasi-Judicial


Attachments: Appendix 2: Proposed City of Bunbury Penalty Unit Local law 2018

Summary The purpose of this report is for the Committee to consider initiating the process to create a new local law to simplify the management of penalties under the City’s local laws. A copy of the proposed local law is at Appendix 2. Should the Committee (and then Council) support the Executive Recommendation, a statutory public consultation period of 42 days applies (minimum) will need to be adhered to, following which the draft local law, along with any submissions received, will need to come back to the Committee and then Council for final approval. Executive Recommendation That the Committee recommend that Council agrees to give public notice of its intention to make the City of Bunbury Penalty Unit Local Law 2018, in accordance with section 3.12 of the Local Government Act 1995.

Voting Requirements: Simple Majority Vote

Strategic Relevance Theme 4: Our City Goal: Civic leadership, partnerships and sound governance in delivering

with and for the community Objective 4.3: Trusted leadership and robust decision-making

Background The City is in the process of reviewing its suite of local laws. One of the suggested changes is to introduce a Penalty Units Local Law. While it has no direct external or public effect, its early introduction will allow any new or amended local law to make reference to it. The introduction of this local law will make it easier in the future to update infringement amounts without having to review individual local laws to increase penalties. The process for creating a new local law is detailed overleaf.


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Council Policy and Legislative Compliance

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Section 3.12 of the Local Government Act 1995 outlines the process for the creation of a new local law and is applicable. Section 3.16 of the Local Government Act 1995 requires that local laws be reviewed every 8 years. Officer Comments The purpose of the proposed local law is to set the amount of a penalty unit where referred to in any of the City’s local laws. The effect of the draft local law is that where a local law refers to a penalty unit, the amount is as set in the Penalty Units Local Law. The introduction of this local law makes provision for the use of penalty units instead of precise dollar amounts in the various Schedules of modified penalties (on the spot fines) in each local law, tied to a Penalty Units Local Law. This is very similar to Regulations and Codes used in State legislation. If there is a need to broadly amend penalties across many local laws in future, it will be a case of simply amending the amount provided for as a penalty unit in the Penalty Units Local law, instead of amending each local law individually. It is important to note that this does not preclude the City from detailing precisely what the dollar amounts might be for offences in administrative material, on signs, on its website or in handouts to the public. The intent is simply to make it easier to update infringement amounts in future. Analysis of Financial and Budget Implications Gazettal and advertising costs will be accommodated in the 2018/19 budget. Councillor/Officer Consultation This matter is presented to the Committee for consideration.


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10.3 Proposed New Council Policy: Execution of Documents

Applicant/Proponent: Internal

Responsible Officer: Leanne French, Senior Governance and Risk Officer





☒ Legislative

☐ Review

☐ Quasi-Judicial


Attachments: Appendix 3: Proposed New Policy Execution of documents

Summary The purpose of this report is for the Policy Review and Development Committee (PRDC) to consider a new policy that will ensure the execution of City documents in accordance with the provisions of the Local Government Act 1995 is done in a consistent and transparent manner. A copy of the proposed policy is at Appendix 3. Executive Recommendation That the Policy Review and Development Committee recommended that Council adopt new Council Policy “Execution of Documents” as presented. Background For a document to be signed on behalf of Council, the common seal has to be affixed unless a person has been otherwise authorised by Council to do so. This is prescribed by section 9.49A of the Local Government Act 1995. The purpose of the proposed Execution of Documents Policy is to create overarching authorisations to various City officers so that Council approval is not required every time a document is signed. This power is different from a delegation, which enables any officer to exercise an express power or duty. These authorisations merely set out the City officer who can sign the class of documents identified as part of fulfilling their duties. Council Policy Compliance This report proposes a new Council policy. Legislative Compliance Section 9.49A (4) of the Local Government Act 1995 states that a local government may, by resolution, authorise the chief executive officer, another employee or an agent of the local government to sign documents on behalf of the local government, either generally or subject to conditions or restrictions specified in the authorisation. Officer Comments


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The administrative burden of coordinating the affixing of the common seal is significant and inflexible, particularly when there is urgency to the execution of a document. Officers consider the reliance on the seal to execute documents as too great, and unnecessary in the modern organisational context. Accordingly, the draft policy proposes to move away from relying on the seal except for situations prescribed by law or where there is customary or political significance in doing so. Documents are identified in the current system as Category 1A, 1B, 2 or 3 documents, depending on their significance. It is considered that this system has merit as it allows for a quick reference guide for officers to determine who can sign the identified document. Analysis of Financial and Budget Implications There are no budget implications resulting from the recommendations in this item. Community Consultation Not applicable. Councillor/Officer Consultation This report is presented to the Policy Review and Development Committee for consideration.


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10.4 Review of Delegations 2017/18


Responsible Officer: Leanne French, Senior Governance and Risk Officer





☒ Legislative

☒ Review

☐ Quasi-Judicial


Attachments: Appendix 4: Current Delegation Register

Summary The purpose of this report is for the Policy Review and Development Committee to receive the annual review of delegations made under the Local Government Act 1995. Executive Recommendation That the Policy Review and Development Committee Recommend Council receives the review of delegations in accordance with section 5.46(2) of the Local Government Act 1995. Voting Requirement: Simple Majority Strategic Relevance Theme 4: Our City Goal: Civic Leadership, partnerships and sound governance in delivering with

and for the community. Objective 4.3: Trusted leadership and robust decision-making Background Pursuant to the provisions of section 5.46(2) of the Local Government Act 1995 (the Act), delegations are to be review at least once every financial year by the delegator, being Council. Council last reviewed its delegations on 13 December 2016 (Council Decision 444/16) and a subsequent review is required for 2017/18. Council Policy Compliance Not applicable. Legislative Compliance Sections 5.16, 5.17, 5.18, 5.42, 5.43, 5.44, 5.45 and 5.46 of the Local Government Act 1995, govern delegation of power. Officer Comments


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Delegation means the process, prescribed in legislation, for assigning authority to exercise an Express Power or Duty from the Delegate (Council) to another person (named by position title of office) or an entity. A local government the size of the City of Bunbury cannot operate without utilising Council’s power under the Act to delegate certain functions to either a committee of Council or the Chief Executive Officer. Delegations free up Council time to enable Elected Members to focus on representation, strategic planning, and community leadership, thereby enabling the Chief Executive Officer to efficiently implement Council resolutions and policy. The use of delegated authority means a large volume of routine work can be effectively managed and acted on promptly, which in turn facilitates efficient service delivery to the community. Where legislation provides, the Chief Executive Officer may on-delegate to an employee of the City the exercise of any of the Chief Executive Officer’s powers, or the discharge of any of his duties under the provisions of the Act, other than the power of delegation. On-delegated powers and duties are identified in each individual instrument of delegation detailed within the Delegations Register (Appendix 4). To meet the statutory requirements of reviewing delegations at least once every financial year, City officers have completed a recent review and do not propose any changes for the current delegations. The WA Local Government Association has recently released their ‘Decision Making in Practice Toolkit’ in part, which includes a comprehensive template delegations register. Officers are currently undertaking an assessment in the context of Council’s delegations, which will be incorporated into the next full review of delegations in the first half of 2018/19. Analysis of Financial and Budget Implications Nil Community Consultation Not applicable. Councillor/Officer Consultation Consultation with affected Departments and a review of applicable legislation was undertaken in respect to reviewing the instruments of delegation. Applicant Consultation Not applicable.


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10.5 Review of Council Policy: Leases and Licences


Responsible Officer: Kristen Mildwaters, Acting Manger Major Projects and Property

Responsible Manager: Kristen Mildwaters, Acting Manger Major Projects and Property

Executive: Felicity Anderson, Acting Director Planning and Development Services



☒ Legislative

☐ Review

☐ Quasi-Judicial


Attachments: Appendix 5: Revised Leases and Licences Policy

Summary Following Council Decision 129/18 in which Council endorsed in principle a methodology for the Leases and Licenses Policy to be prepared, officers now present an amended Sporting and Community Leases and Licenses Policy for consideration by the Policy Review and Development Committee (PRDC). Executive Recommendation That the Policy Review and Development Committee recommend that Council: 1. Adopt the new Council Policy Sporting and Community Leases and Licenses as presented, for

implementation from 1 July 2018;

2. Revoke existing Council Policy Lease and License Fee Appeal Process;

3. Note that the two associated Corporate Guidelines: Leases and Licenses; and Leases and Licenses Appeal Process will also be revoked as they are no longer applicable.

Strategic Relevance Theme: Our City Goal: Civic leadership, partnerships and sound governance in delivering with

and for the community Objective 4.2 A highly engaged and involved community, working together on strategy

development and implementation Background Following an extensive review into the current Leases and Licenses Policy and consultation with the City’s lease hold sporting and community groups, four methodologies for charging rent to sporting and community groups were put to Council for consideration. At the Ordinary Council Meeting held 1 May 2018, Council resolved as follows (refer decision 129/18):

That Council:


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1. Note the information provided as part of this review; 2. Endorse in principle, Option 3 as presented and request that a formal policy be drafted

and provided to the next meeting of the Policy Review and Development Committee; 3. Ensure exemptions outlined in Option 1 are applied to Option 3.

City officers have now drafted a formal policy consistent with the above resolution, and in particular Option 3. Council Policy Compliance This report proposes amendment to the existing Leases and Licenses Policy, as well as revocation of the associated Corporate Guideline Leases and Licenses. The report also proposed the revocation of the Council Policy Leases and Licenses Appeal Process as well as the associated Corporate Guideline. Legislative Compliance There is no legislative compliance relevant to this report. Officer Comments Officers have prepared a draft policy for the consideration of Council in accordance with Council Decision 129/18. This Policy seeks to acknowledge the societal and economic value sporting and community groups provide to the City whilst recognising that through this policy, provides affordable leases and licenses through subsidy by the ratepayers of Bunbury. As per the methodology principally endorsed by Council, this policy seeks to charge no rent and applies minimum rates to all sporting and community groups. There are number of exemptions included in this policy that have been provided based on feedback from the sporting and community groups. Groups that do not currently pay rates due to existing lease or license terms or legislative exemptions will remain as such and not be charged rates. No concessions will be given to the Emergency Services Levy and waste services charges. The document preparation fee for any variation, extension, assignment or surrender to a sporting or community group lease or license will be charged as per the City’s adopted Fees and Charges. Sporting and community groups with existing “peppercorn” leases/licenses will remain as such and not be charged a fee for the preparation of documents.

Storage facilities less than 300sqm which have a permitted use consistent with storage of equipment and goods only, as outlined in their lease or license, will not be charged rates. It is acknowledged that there is little to no ability to utilise the facility for any purpose other than storage, particularly where no services are provided and the facility offers no ability to generate an income stream for the group.


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Maintenance of the premises will be undertaken in accordance with their leases/licenses and in all cases; groups are responsible for minor maintenance and cleaning of their facility. Where the building is a City owned building, the City will remain responsible for structural maintenance. This policy does not include leasing of airport facilities, casual hire of City facilities, commercial leasing arrangements or government funded entities. Analysis of Financial and Budget Implications The implementation of this Policy will see a loss of $84,997.66 in rental income and $39,757.32 in rates revenue. The total loss to the City in overall general income is $124,754.98 for 2018/19. The Council will need to consider what impact any adopted policy will have to forecast income. The projected loss would require a 0.3% increase in general rates revenue to cover the deficit.

2018/19 Rental Income Rates Income Combined Rent

and Rates Income

Total Loss or Gain from

Current Position

Current Position $84,997.66 $75,949.32 $160,946.98 -

New Policy $0 $36,192.00 $36,192.00 -$124,754.98

There are tangible costs to the City for preparing leases/licenses and maintaining leased/licensed premises however, these costs may be considered as minor in comparison to overall rental income or when compared to the income received on rates.

Should a model be adopted whereby the City’s planned income depletes, the City will need to consider what impact this may have to the operating budget. Community Consultation The draft policy has been circulated to all sporting and community groups currently utilising city owned or managed buildings and land under lease or license arrangements. No changes were requested in any of the feedback received. Councillor/Officer Consultation This policy has been prepared following Council endorsement principally of the methodology and in conjunction with the Major Projects and Property Department, the Sport and Recreation Department, the Finance Department and the Executive Leadership Team.


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10.6 Review of Council Policy: Private Use of Mayoral Vehicle







☒ Legislative

☐ Review

☐ Quasi-Judicial


Attachments: Appendix 6: Council Policy: Private Use of Mayoral Vehicle

Summary The purpose of this report is for the Policy Review and Development Committee to review the Council’s current policy relating to use of the Mayoral Vehicle. Executive Recommendation That the Policy Review and Development Committee note the review of current Council Policy Private Use of Mayoral Vehicle as presented at Appendix 2, with no changes recommended. Strategic Relevance Theme 4: Our City Goal: Civic Leadership, partnerships and sound governance in delivering with

and for the community. Objective 4.4: A skilled organisation, which exercises responsible asset stewardship,

sound financial management, and exemplary customer service. Background Although the Local Government Act 1995 (the Act) does not expressly provide for the provision of motor vehicles to Elected Members, the Department of Local Government, Sport and Cultural Industries (the Department) considers that there is scope in section 5.98 of the Act to allow the Mayor to be provided with the use of a motor vehicle for the purpose of carrying out his or her official functions and duties. The Act is however silent in relation to the use of the vehicle for private purposes. The Department advises that private use is clearly considered as a personal benefit over and above the normal entitlements of fees, expenses and allowances that are provided to elected members under the Act. Accordingly, private use does not fall within the scope of an elected member performing their functions and duties under the Act. To assist in clarifying the provision of a vehicle for official purposes and the payment of expenses, the Department has previously introduced section 5.101A as a new section of the Act to allow for regulations to be made about the method of payment of an expense for which a person may be reimbursed. A motor vehicle is now prescribed in the Local Government (Administration) Regulations 1996 (the Regulations) as one of those methods of payment of an expense for which a person may be reimbursed.


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The Regulations also require that the Council Member to which a vehicle is provided must sign an agreement setting out the responsibilities of the Council Member in relation to the use of that vehicle. Cognisant of the earlier change to the legislation, the Department suggested that local governments adopt a policy in relation to Mayoral vehicle use. Council has previously adopted a policy in this regard (Appendix 6), which is consistent with guidelines provided by the Department for this purpose. Furthermore, an agreement is currently in place between the Mayor and the City which formalises acceptance of the terms and conditions of the policy. Council Policy Compliance This report facilitates a review of an existing Council Policy. Legislative Compliance Section 5.101A of the Local Government Act 1995 and regulation 34AD of the Local Government (Administration) Regulations 1996 apply. Officer Comments Officers have reviewed the current policy and recommend no changes, as the policy still reflects best practice in this regard. Analysis of Financial and Budget Implications There are no financial or budgetary implications impacting from the recommendations of this report. Councillor/Officer Consultation The Chief Executive Officer and Executive Leadership Team have been consulted in the review of this Policy.


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11. Applications for Leave of Absence Not applicable to this committee.

12. Questions from Members 12.1 Response to Previous Questions from Members taken on Notice

Nil

12.2 Questions from Members

13. Urgent Business Nil

14. Date of Next Meeting 26 July 2018

15. Close of Meeting The Presiding Member closed the meeting at _________.

LOCAL GOVERNMENT ACT 1995

City of Bunbury

STANDING ORDERS AMENDMENT LOCAL LAW 2018

Under the powers conferred by the Local Government Act 1995 and all other powers enabling it, the Council

of the City of Bunbury resolved on Day Month 2018 to make the following local law.

1. Short title

This is the City of Bunbury Standing Orders Amendment Local Law 2018.

2. Commencement

This local law comes into operation 14 days after the day of its publication in the Government Gazette.

3. Principal Local Law amended

This local law amends the City of Bunbury Standing Orders Local Law 2012 as published in the

Government Gazette on 20 July 2012.

4. Clause 8.9(a) amended

In clause 8.9(a), after the words “as the mover of a substantive motion”, add the words “or amendment”.

5. Clause 11.1 amended

Clause 11.1 is deleted and replaced as follows–

“11.1 Permissible procedural motions

In addition to the right to move an amendment to a substantive motion a Member may move the

following procedural motions–

(a) that the meeting proceed to the next item of business;

(b) that the item be deferred;

(c) that the debate be adjourned;

(d) that the meeting now adjourn;

(e) that the question be now put;

(f) that the Member be no longer heard;

(g) that the ruling of the Presiding Member be disagreed with;

(h) that the meeting be closed to the public.”


(1) In clause 11.2(1), delete the words “paragraph (a), (b), (c), (f) or (g)” and replace with the words

“paragraph (a), (b), (c), (d), (g) or (h)”.

(2) In clause 11.2(2), delete the words “paragraph (d) or (e)” and replace with the words “paragraph (e) or

(f)”.

7. Clause 11.5(b) amended

In clause 11.5(b), after the words “no decision is made on the substantive motion”, add the words “or

amendment”.


Clause 11.6 is deleted and replaced as follows–

“11.6 Debate be adjourned

(1) A motion “that the debate be adjourned” is to state the date and time to which the debate is to

be adjourned.

(2) If a motion under clause 11.6(1) is carried–

(a) the names of members who have spoken on the matter prior to the adjournment are to be

recorded in the minutes; and

(b) all debate on the substantive motion or amendment ceases immediately, but continues at

the date and time stated in the motion; and

(c) the provisions of clause 8.9 apply when the debate is resumed.”

9. Clause 11.6A added

Before clause 11.6, insert–

“11.6A Item to be deferred

(1) A member may–

(a) prior to a motion being moved; or

(b) if the mover elects not to speak on the substantive motion, prior to any debate on the

motion;

move a motion without notice, that the item be deferred to a specified time and date.

(2) Should the motion to defer be carried there shall be no debate on the substantive motion until

the time and date specified in the motion.”

Dated: Date Month 2018.

The Common Seal of the City of Bunbury was affixed under the authority of a resolution of Council in the

presence of–

____________________________ GARY BRENNAN, Mayor.

____________________________ MALCOLM OSBORNE, Chief Executive Officer.

City of Bunbury 4 Stephen Street

Bunbury WA 6230 Western Australia

Correspondence to: Post Office Box 21

Bunbury WA 6231

City of Bunbury Standing Orders Local Law 2012 The Standing Orders govern the way in which the Bunbury City Council and its committees convene, conduct and record meetings. Past Editions: First edition adopted by Council 10 February 1997 (gazetted 1 April 1997) Second edition adopted by Council 23 December 1997 (gazetted 23 January 1998) Third edition adopted by Council 26 October 1999 (gazetted 13 January 2000) This edition adopted by Council 26 June 2012 (gazetted 3 August 2012)

WESTERN AUSTRALIA _____________

Local Government Act 1995

CITY OF BUNBURY

Standing Orders Local Law 2012

Table of Contents

Part 1 - Preliminary .............................................................................................................................. 1 1.1 Citation .................................................................................................................................................. 1 1.2 Commencement .................................................................................................................................. 1 1.3 Application and intent.......................................................................................................................... 1 1.4 Interpretation ........................................................................................................................................ 1 1.5 Repeal ................................................................................................................................................... 2

Part 2 – Establishment and membership of committees .......................................................... 2 2.1 Establishment of committees ............................................................................................................. 2 2.2 Types of committees ........................................................................................................................... 2 2.3 Delegation of some powers and duties to certain committees ..................................................... 2 2.4 Limits on delegation of powers and duties to certain committees ............................................... 2 2.5 Appointment of committee members ................................................................................................ 2 2.6 Tenure of committee membership .................................................................................................... 2 2.7 Resignation of committee members ................................................................................................. 2 2.8 Register of delegations to committees ............................................................................................. 2 2.9 Committees to report .......................................................................................................................... 2

Part 3 - Calling and convening meetings ....................................................................................... 3 3.1 Ordinary and special Council meetings ........................................................................................... 3 3.2 Calling Council meetings .................................................................................................................... 3 3.3 Convening Council meetings ............................................................................................................. 3 3.4 Calling committee meetings ............................................................................................................... 3 3.5 Public notice of meetings ................................................................................................................... 3

Part 4 – Presiding Member and quorum ........................................................................................ 3 Division 1: Who presides ................................................................................................................................. 3 4.1 Who presides ....................................................................................................................................... 3 4.2 When the Deputy Mayor can act ....................................................................................................... 3 4.3 Who acts if no Mayor .......................................................................................................................... 3 4.4 Election of Presiding Members of committees ................................................................................ 3 4.5 Election of Deputy Presiding Members of committees .................................................................. 3 4.6 Functions of Deputy Presiding Members ......................................................................................... 3 4.7 Who acts if no Presiding Member ..................................................................................................... 3 Division 2 – Quorum ......................................................................................................................................... 4 4.8 Quorum for meetings .......................................................................................................................... 4 4.9 Reduction of quorum for Council meetings ..................................................................................... 4 4.10 Reduction of quorum for committee meetings ................................................................................ 4 4.11 Procedure where no quorum to begin a meeting ........................................................................... 4 4.12 Procedure where quorum not present during a meeting ............................................................... 4 4.13 Names to be recorded ........................................................................................................................ 4

Part 5 - Business of a meeting.......................................................................................................... 4 5.1 Business to be specified ..................................................................................................................... 4 5.2 Order of business ................................................................................................................................ 4 5.3 Motions of which previous notice has been given .......................................................................... 5 5.4 New business of an urgent nature .................................................................................................... 5

5.5 Adoption by exception resolution ...................................................................................................... 6

Part 6 - Public participation ............................................................................................................... 6 6.1 Meetings generally open to the public .............................................................................................. 6 6.2 Meetings not open to the public ........................................................................................................ 6 6.3 Question time for the public ............................................................................................................... 6 6.4 Question time for the public at certain meetings ............................................................................ 6 6.5 Minimum question time for the public ............................................................................................... 6 6.6 Procedures for question time for the public ..................................................................................... 7 6.7 Other procedures for question time for the public .......................................................................... 7 6.8 Distinguished visitors .......................................................................................................................... 8 6.9 Deputations .......................................................................................................................................... 8 6.10 Petitions ................................................................................................................................................ 8 6.11 Presentations ....................................................................................................................................... 8 6.12 Participation at committee meetings................................................................................................. 9 6.13 Council may meet to hear public submissions ................................................................................ 9 6.14 Public Inspection of agenda materials ............................................................................................. 9 6.15 Confidentiality of information withheld ............................................................................................ 10 6.16 Recording of proceedings ................................................................................................................ 10 6.17 Prevention of disturbance ................................................................................................................ 10

Part 7 - Questions by Members ...................................................................................................... 11 7.1 Questions by Members ..................................................................................................................... 11

Part 8 – Conduct of Members ......................................................................................................... 11 8.1 Members to be in their proper places ............................................................................................. 11 8.2 Respect to the Presiding Member .................................................................................................. 11 8.3 Titles to be used ................................................................................................................................ 11 8.4 Advice of entry or departure ............................................................................................................ 11 8.5 Members to indicate their intention to speak................................................................................. 11 8.6 Priority of speaking ............................................................................................................................ 11 8.7 Presiding Member may take part in debates ................................................................................. 12 8.8 Relevance ........................................................................................................................................... 12 8.9 Speaking twice ................................................................................................................................... 12 8.10 Duration of speeches ........................................................................................................................ 12 8.11 No speaking after conclusion of debate ......................................................................................... 12 8.12 No interruption.................................................................................................................................... 12 8.13 Personal explanations ...................................................................................................................... 12 8.14 No reopening of discussion .............................................................................................................. 12 8.15 Adverse reflection .............................................................................................................................. 12 8.16 Withdrawal of offensive language ................................................................................................... 13

Part 9 - Preserving order .................................................................................................................. 13 9.1 Presiding Member to preserve order .............................................................................................. 13 9.2 Point of order ...................................................................................................................................... 13 9.3 Procedures on a point of order ........................................................................................................ 13 9.4 Calling attention to breach ............................................................................................................... 13 9.5 Ruling by the Presiding Member ..................................................................................................... 14 9.6 Continued breach of order ............................................................................................................... 14 9.7 Right of Presiding Member to adjourn ............................................................................................ 14

Part 10 - Debate of substantive motions ..................................................................................... 14 10.1 Motions to be stated and in writing ................................................................................................. 14 10.2 Motions to be supported ................................................................................................................... 14 10.3 Unopposed business ........................................................................................................................ 14 10.4 Only one substantive motion at a time ........................................................................................... 15 10.5 Order of call in debate ...................................................................................................................... 15 10.6 Limit of debate.................................................................................................................................... 15 10.7 Member may require question to be read ...................................................................................... 15 10.8 Consent of seconder required for alteration .................................................................................. 15

10.9 Order of amendments ....................................................................................................................... 15 10.10 Form of an amendment .................................................................................................................... 15 10.11 Amendment must not negate original motion ............................................................................... 15 10.12 Relevance of amendments .............................................................................................................. 15 10.13 Mover of motion may speak on amendment ................................................................................. 15 10.14 Effect of an amendment ................................................................................................................... 15 10.15 Withdrawal of motion or amendment .............................................................................................. 15 10.16 Right of reply ...................................................................................................................................... 16

Part 11 - Procedural motions .......................................................................................................... 16 11.1 Permissible procedural motions ...................................................................................................... 16 11.2 No debate ........................................................................................................................................... 16 11.3 Who may move .................................................................................................................................. 16 11.4 Procedural motions - right of reply on substantive motion .......................................................... 16 11.5 Meeting to proceed to the next item of business .......................................................................... 16 11.6 Debate to be adjourned .................................................................................................................... 17 11.7 Meeting now adjourn ......................................................................................................................... 17 11.8 Question to be put ............................................................................................................................. 17 11.9 Member to be no longer heard ........................................................................................................ 17 11.10 Ruling of the Presiding Member to be disagreed with ................................................................. 17

Part 12 - Disclosure of interests ..................................................................................................... 17 12.1 Disclosure of interests ...................................................................................................................... 17

Part 13 - Voting ................................................................................................................................... 17 13.1 Question - when put .......................................................................................................................... 17 13.2 Voting .................................................................................................................................................. 18 13.3 Majorities required for decisions ..................................................................................................... 18 13.4 Method of taking vote........................................................................................................................ 18

Part 14 – Minutes of meetings ........................................................................................................ 18 14.1 Keeping of minutes............................................................................................................................ 18 14.2 Content of minutes ............................................................................................................................ 18 14.3 Public inspection of unconfirmed minutes ..................................................................................... 18 14.4 Confirmation of minutes .................................................................................................................... 18

Part 15 - Adjournment of meeting.................................................................................................. 19 15.1 Meeting may be adjourned .............................................................................................................. 19 15.2 Effect of adjournment ........................................................................................................................ 19

Part 16 – Revoking or changing decisions ................................................................................. 19 16.1 Requirements to revoke or change decisions ............................................................................... 19 16.2 Limitations on powers to revoke or change decisions ................................................................. 19 16.3 Implementing a decision ................................................................................................................... 19

Part 17 - Suspension of Local Law ................................................................................................ 20 17.1 Suspension of Local Law ................................................................................................................. 20 17.2 Where Local Law does not apply .................................................................................................... 20 17.3 Cases not provided for in Local Law .............................................................................................. 20

Part 18 - Meetings of electors ......................................................................................................... 20 18.1 Electors' general meetings ............................................................................................................... 20 18.2 Matters for discussion at electors' general meetings ................................................................... 20 18.3 Electors' special meetings ................................................................................................................ 20 18.4 Requests for electors' special meetings ........................................................................................ 20 18.5 Convening electors' meetings ......................................................................................................... 21 18.6 Who presides at electors' meetings ................................................................................................ 21 18.7 Procedure for electors' meetings .................................................................................................... 21 18.8 Participation of non-electors ............................................................................................................ 21 18.9 Voting at electors' meetings ............................................................................................................. 21 18.10 Minutes of electors' meetings .......................................................................................................... 21 18.11 Decisions made at electors' meetings ............................................................................................ 21

Part 19 – Briefings and other informal meetings ....................................................................... 21 19.1 Briefings and other informal meetings ............................................................................................ 21

Part 20 - Enforcement ....................................................................................................................... 21 20.1 Penalty for Breach ............................................................................................................................. 21 20.2 Who can prosecute ........................................................................................................................... 21

Part 21 – Common Seal .................................................................................................................... 22 21.1 City of Bunbury Common Seal ........................................................................................................ 22


CITY OF BUNBURY

STANDING ORDERS LOCAL LAW 2012

Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the City of Bunbury resolved on 26 June 2012 to make the following

Local Law.

Part 1 - Preliminary 1.1 Citation

This Local Law may be cited as the City of Bunbury Standing Orders Local Law 2012. 1.2 Commencement

This Local Law will come into operation 14 days after the date of publication in the Government Gazette.

1.3 Application and intent

(1) This Local Law provides rules and guidelines which apply to the conduct of all meetings, whether formal or informal, of the Council, its committees and to meetings of electors.

(2) All meetings are to be conducted in accordance with the Act, the Regulations and this Local Law.

(3) This Local Law is intended to result in– (a) Better decision-making by the Council and committees; (b) The orderly conduct of meetings dealing with Council business; (c) Better understanding of the process of conducting meetings; and (d) The more efficient and effective use of time at meetings.

1.4 Interpretation

(1) In this Local Law unless the context otherwise requires– absolute majority has the meaning given to it in the Act; 75% majority has the meaning given to it in the Act; Act means the Local Government Act 1995; CEO means the Chief Executive Officer of the Local Government; committee means a committee of the Council established under section 5.8 of the Act; committee meeting means a meeting of a committee; Council means the Council of the City of Bunbury; Employee means an employee of the City of Bunbury’; Local Government means the City of Bunbury; Mayor means the Mayor of the Local Government or other Presiding Member at a Council meeting under section 5.6 of the Act; meeting means a meeting of the Council or a committee, as the context requires; Member has the meaning given to it in the Act; Presiding Member means: (a) in respect of the Council, the person presiding under section 5.6 of the Act;

and (b) in respect of a committee, the person presiding under sections 5.12, 5.13,

and 5.14 of the Act; Regulations means the Local Government (Administration) Regulations 1996; simple majority means more than 50% of the members present and voting; and, substantive motion means an original motion or an original motion as amended, but does not include an amendment or a procedural motion.

City of Bunbury Standing Orders Local Law 2012

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(2) Unless otherwise defined in this Local Law, the terms and expressions used in this Local Law are to have the meaning given to them in the Act and Regulations.

1.5 Repeal

The City of Bunbury Local Law - Standing Orders as published in the Government Gazette on 13 January 2000 is repealed.

Part 2 – Establishment and membership of committees

2.1 Establishment of committees

(1) The establishment of committees is dealt with in the Act. (2) A Council resolution to establish a committee under section 5.8 of the Act is to

include– (a) the terms of reference of the committee; (b) the number of council members, employees and other persons to be

appointed to the committee; (c) the names or titles of the council members and employees to be appointed

to the committee; (d) the names of other persons to be appointed to the committee or an

explanation of the procedure to be followed to determine the appointments; and

(e) details of the delegation of any powers or duties to the committee under section 5.16 of the Act.

(3) This Local Law is to apply to the conduct of committee meetings. 2.2 Types of committees

The types of committees are dealt with in the Act.

2.3 Delegation of some powers and duties to certain committees The delegation of some powers and duties to certain committees is dealt with in the Act.

2.4 Limits on delegation of powers and duties to certain committees The limits on the delegation of powers and duties to certain committees are dealt with in the Act.

2.5 Appointment of committee members The appointment of committee members is dealt with in the Act.

2.6 Tenure of committee membership Tenure of committee membership is dealt with in the Act.

2.7 Resignation of committee members

The resignation of committee members is dealt with in the Regulations.

2.8 Register of delegations to committees The register of delegations to committees is dealt with in the Act.

2.9 Committees to report A committee– (1) is answerable to the Council; and (2) is to report on its activities when, and to the extent, required by the Council.


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Part 3 - Calling and convening meetings

3.1 Ordinary and special Council meetings

(1) Ordinary and special Council meetings are dealt with in the Act. (2) An ordinary meeting of the Council held on a monthly basis or otherwise as

determined by the Council, is for the purpose of considering and dealing with the ordinary business of the Council.

(3) A special meeting of the Council is held for the purpose of considering and dealing with Council business that is urgent, complex in nature, for a particular purpose or confidential.

3.2 Calling Council meetings

The calling of Council meetings is dealt with in the Act. 3.3 Convening Council meetings

(1) The convening of a Council meeting is dealt with in the Act. (2) Subject to subclause (3), the CEO is to give at least 72 hours notice, for the

purposes of section 5.5, in convening a special meeting of the Council. (3) Where, in the opinion of the Mayor or at least one-third of the Members, there is a

need to meet urgently, the CEO may give a lesser period of notice of a special Council meeting.

3.4 Calling committee meetings

The CEO is to call a meeting of any committee when requested by the Mayor, the Presiding Member of a committee or any two members of that committee.

3.5 Public notice of meetings

Public notice of meetings is dealt with in the Regulations.

Part 4 – Presiding Member and quorum

Division 1: Who presides

4.1 Who presides

Who presides at a Council meeting is dealt with in the Act.

4.2 When the Deputy Mayor can act When the Deputy Mayor can act is dealt with in the Act.

4.3 Who acts if no Mayor

Who acts if there is no Mayor is dealt with in the Act.

4.4 Election of Presiding Members of committees The election of Presiding Members of committees and their deputies is dealt with in the Act.

4.5 Election of Deputy Presiding Members of committees The election of Deputy Presiding Members of committees is dealt with in the Act.

4.6 Functions of Deputy Presiding Members

The functions of Deputy Presiding Members are dealt with in the Act. 4.7 Who acts if no Presiding Member

Who acts if no Presiding Member is dealt with in the Act.


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Division 2 – Quorum

4.8 Quorum for meetings The quorum for meetings is dealt with in the Act.

4.9 Reduction of quorum for Council meetings The power of the Minister to reduce the number for a quorum and certain majorities is dealt with in the Act.

4.10 Reduction of quorum for committee meetings The reduction of a quorum for committee meetings is dealt with in the Act.

4.11 Procedure where no quorum to begin a meeting

The procedure where there is no quorum to begin a meeting is dealt with in the Regulations.

4.12 Procedure where quorum not present during a meeting

If at any time during a meeting a quorum is not present, the Presiding Member is– (a) immediately to suspend the proceedings of the meeting for a period of up to 15

minutes; and (b) if a quorum is not present at the expiry of that period, the Presiding Member is to

adjourn the meeting to some future time or date. 4.13 Names to be recorded

At any meeting– (a) at which there is not a quorum present; or (b) which is adjourned for want of a quorum, the names of the Members then present are to be recorded in the minutes.

Part 5 - Business of a meeting 5.1 Business to be specified

(1) No business is to be transacted at any ordinary meeting of the Council other than that specified in the agenda, without the approval of the Presiding Member or the Council.

(2) No business is to be transacted at a special meeting of the Council other than that given in the notice as the purpose of the meeting.

(3) Subject to subclause (4), no business is to be transacted at an adjourned meeting of the Council other than that– (a) specified in the notice of the meeting which had been adjourned; and (b) which remains unresolved.

(4) Where a meeting is adjourned to the next ordinary meeting of the Council then, unless the Council resolves otherwise, the business unresolved at the adjourned meeting is to be dealt with before considering Reports at that ordinary meeting.

5.2 Order of business

(1) Unless otherwise decided by the Council the order of business at any ordinary meeting of the Council is to be as follows– 1. Declaration of Opening/Announcement of Visitors 2. Disclaimer 3. Announcements from the Presiding Member 4. Attendance 4.1 Apologies 4.2 Approved leave of absence 5. Declaration of interest 6. Public Question Time 6.1 Response to previous public questions taken on notice 6.2 Public question time


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7. Confirmation of minutes and tabling of notes of briefings and other meetings under clause 19.1

8. Presentations 8.1 Petitions 8.2 Presentations 8.3 Deputations 8.4 Council Delegates' reports 8.5 Conference Delegate’s reports 9. Method of dealing with agenda business 10. Reports 11. Applications for leave of absence 12. Motions of which previous notice has been given 13. Questions from Members 13.1 Response to previous questions from Members taken on notice 13.2 Questions from Members 14. New business of an urgent nature introduced by decision of the meeting 15. Meeting closed to public 15.1 Matters for which the meeting may be closed 15.2 Public reading of resolutions that may be made public 16.Closure

(2) Unless otherwise decided by the Council, the order of business at any special meeting of the Council is to be the order in which that business stands in the agenda of the meeting.

(3) In determining the order of business for any meeting of the Council, the provisions of the Act and Regulations relating to the time at which public question time is to be held are to be observed.

5.3 Motions of which previous notice has been given

(1) Unless the Act, Regulations or this Local Law otherwise provides, a Member may raise at a meeting such business as he or she considers appropriate, in the form of a motion, of which notice has been given in writing to the CEO and which has been included on the agenda.

(2) A notice of motion under subclause (1) is to be given at least 7 clear working days before the meeting at which the motion is moved.

(3) A notice of motion is to relate to the good governance of the district. (4) The CEO–

(a) may, with the concurrence of the Mayor, exclude from the agenda paper any notice of motion deemed to be, or likely to involve, a breach of this Local Law or any other written law;

(b) will inform Members on each occasion that a notice has been excluded and the reasons for that exclusion;

(c) may, after consultation with the Member where this is practicable, make such amendments to the form but not the substance as will bring the notice of motion into due form; and

(d) may provide to the Council relevant and material facts and circumstances pertaining to the notice of motion on such matters as policy, budget and law.

(5) A motion of which notice has been given is to lapse unless – (a) the Member who gave notice of it, or some other Member authorised by

the originating Member in writing, moves the motion when called on; or (b) the Council on a motion agrees to defer consideration of the motion to a

later stage or date. (6) If a notice of motion is given and lapses under subclause (5), notice of a motion in

the same terms or to the same effect is not to be given again for at least 3 months from the date of such lapse.

5.4 New business of an urgent nature

(1) In cases of extreme urgency or other special circumstances, matters may, on a motion by the Presiding Member that is carried by the meeting, be raised without notice and decided by the meeting.


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(2) In subclause (1), “cases of extreme urgency or other special circumstances” means matters that have arisen after the preparation of the agenda that are considered by the Presiding Member to be of such importance and urgency that they are unable to be dealt with administratively by the Local Government and must be considered and dealt with by the Council before the next meeting.

5.5 Adoption by exception resolution

(1) In this clause “adoption by exception resolution” means a resolution of the Council that has the effect of adopting, for a number of specifically identified reports, the employee recommendation as the Council resolution.

(2) Subject to subclause (3), the Local Government may pass an adoption by exception resolution.

(3) An adoption by exception resolution may not be used for a matter– (a) that requires a 75% majority or a special majority; (b) in which an interest has been disclosed; (c) that has been the subject of a petition or deputation; (d) that is a matter on which a Member wishes to make a statement; or (e) that is a matter on which a Member wishes to move a motion that is

different to the recommendation.

Part 6 - Public participation

6.1 Meetings generally open to the public

Meetings being generally open to the public is dealt with in the Act. 6.2 Meetings not open to the public

(1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members of the public.

(2) The Council or a committee, in one or more of the circumstances dealt with in the Act, may at any time, by resolution, decide to close a meeting or part of a meeting.

(3) If a resolution under subclause (2) is carried– (a) the Presiding Member is to direct everyone to leave the meeting except–

(i) the Members; (ii) the CEO; and (iii) any employee specified by the Presiding Member; and

(b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the closure of the meeting to the public, the Council or the committee, by resolution, decides otherwise.

(4) A person who fails to comply with a direction under subclause (3)(a) may, by order of the Presiding Member, be removed from the meeting.

(5) While the resolution under subclause (2) remains in force, the operation of clause 8.9 is to be suspended until the Council or the committee, by resolution, decides otherwise.

(6) A resolution under this clause may be made without notice. (7) Unless the Council resolves otherwise, once the meeting is reopened to members

of the public, the Presiding Member is to ensure that any resolution of the Council made while the meeting was closed is to be read out including a vote of a Member to be included in the minutes.

6.3 Question time for the public

Question time for the public is dealt with in the Act. 6.4 Question time for the public at certain meetings

Question time for the public at certain meetings is dealt with in the Regulations. 6.5 Minimum question time for the public

Minimum question time for the public is dealt with in the Regulations.


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6.6 Procedures for question time for the public

Procedures for question time for the public are dealt with in the Regulations.

6.7 Other procedures for question time for the public (1) In this clause–

(a) a “person” means a member of the public; and (b) a “question” includes a part of a question.

(2) Unless the Presiding Member determines otherwise, a person may ask up to 3 questions at a meeting.

(3) A person who wishes to ask a question at a meeting must– (a) before the commencement of the meeting, complete a question form

provided by the Local Government and place the completed form in the question tray provided by the Local Government; and

(b) be present at the meeting when the question is asked. (4) A completed question form must include–

(a) the name and residential or contact address of the person who wishes to ask the question; and

(b) the terms of no more than 3 questions that the person wishes to ask. (5) In cases of disability or other extenuating circumstances–

(a) the Local Government if requested to do so, is to assist a person to complete a question form; and

(b) in the absence of that assistance, the Presiding Member may permit a person to ask a question that was not included on a question form.

(6) The Presiding Member may decide that a question is out of order, and is not to be recorded or responded to– (a) if the same or a similar question was asked at a previous meeting, a

response was provided and the person is directed to the minutes of the meeting at which the response was provided;

(b) if it is not in the form of a question or, having regard to its content and length, is essentially a statement or expression of opinion rather than a question;

(c) if, in respect of a Council meeting, the question does not relate to a matter affecting the Local Government;

(d) if, in respect of a special meeting of the Council, the question does not relate to the purpose of the meeting;

(e) if, in respect of a committee meeting, the question does not relate to a function of the committee; or

(f) if the question uses an offensive or objectionable expression or is defamatory

(7) If, in the opinion of the Presiding Member, a question requires further research or cannot be answered satisfactorily at the meeting, or if a question form does not contain the name and residential or contact address of the person who wishes to ask the question– (a) the Presiding Member may determine that the question is to be treated as

correspondence or is to be taken on notice; (b) the CEO, unless of the opinion that a response would divert a substantial

and unreasonable portion of the Local Government’s resources away from its other functions, is to ensure that a written response is given as soon as practicable after the meeting to the person who asked the question; and

(c) if a question is treated as correspondence, the question, but not the response, is to be recorded in the minutes of the meeting.

(8) Unless subclause (6) or (7) applies– (a) the Presiding Member is either to read out each question to ensure that

each question is displayed electronically in a form that may be viewed by members of the public attending the meeting.

(b) the Presiding Member is to respond personally or is to ask another Member or an employee to respond to the question; and

(c) a summary of the question and response is to be recorded in the minutes of the meeting.


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(9) A response to a question is not to be the subject of any discussion, except that if, in the opinion of a Member, false information or any adverse reflection is contained in any question asked or comments made by any member of the public, then, through the Presiding Member, the Member may correct or clarify the matter.

(10) The Presiding Member may extend question time for up to 15 minutes after the end of the minimum time for questions.

6.8 Distinguished visitors

If a distinguished visitor is present at a meeting of the Council, the Presiding Member may acknowledge the presence of the distinguished visitor at an appropriate time during the meeting, and the presence of that visitor shall be recorded in the minutes.

6.9 Deputations

(1) A person or group who completes and submits, with at least 24 hours notice, a “Request for Deputation” application form may be received as a deputation– (a) at an agenda briefing session (b) if the Council determines, at a Council Meeting.

(2) The CEO may either– (a) approve the request and invite the deputation to attend an agenda briefing

under clause 19.1; or (b) refer the request to the Council to decide by simple majority whether or not

to receive the deputation and , if so, the meeting or briefing at which it is to be received

(3) Unless the council resolves otherwise, a deputation invited to attend a Council meeting or an informal briefing or meeting under clause 19.1– (a) is not to exceed 5 persons, only 2 of whom may address the Council,

although others may respond to specific questions from Members; (b) is not to address the Council for a period exceeding 10 minutes without the

agreement of the Council; and (c) additional members of the deputation may be allowed to speak with the

leave of the Presiding Member. (4) Any matter which is the subject of a deputation to the Council is not to be decided

by the Council until the deputation has completed its presentation.

6.10 Petitions (1) A petition is to–

(a) be addressed to the Mayor; (b) be made by electors of the district; (c) state the request on each page of the petition; (d) contain the name, address and signature of each elector making the

request, and the date each elector signed; (e) contain a summary of the reasons for the request; and (f) state the name of the person to whom, and an address at which, notice to

the petitioners can be given. (2) Upon receiving a petition, the Local Government is to–

(a) receive the petition and submit it to the relevant officer to be included in his or her report deliberations (to be submitted within the next 2 rounds of Council meetings) on the matter that is the topic of the petition, subject to subclause(3).

(b) If in the opinion of the Presiding Member the subject or topic of the petition does not fall within the jurisdiction of the Council, reject the petition.

(3) At any meeting, the Council is not to vote on any matter that is the subject of a petition presented to that meeting, unless– (a) the matter is the subject of a report included in the agenda; and (b) the Council has considered the issues raised in the petition.

6.11 Presentations

(1) In this clause, a “presentation” means the acceptance of a gift or an award by the Council on behalf of the Local Government or the community.


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(2) A presentation may be made to the Council at a meeting only with the prior approval of the CEO.

6.12 Participation at committee meetings

(1) In this clause a reference to a person is to a person who– (a) is entitled to attend a committee meeting; (b) attends a committee meeting; and (c) is not a member of that committee.

(2) Without the consent of the Presiding Member, no person is to address a committee meeting.

(3) The Presiding Member of a committee may allow a person to make an oral submission to the committee for up to 3 minutes.

(4) A person addressing the committee with the consent of the Presiding Member is to cease that address immediately after being directed to do so by the Presiding Member.

(5) A person who fails to comply with a direction of the Presiding Member under subclause (4) may, by order of the Presiding Member, be removed from the committee room.

(6) The Council may make a policy dealing with the circumstances in which a person may be given consent to address a committee meeting.

6.13 Council may meet to hear public submissions

(1) Where an item on the agenda at a Council meeting is contentious and is likely be the subject of a number of deputations, the Council may resolve to meet at another time to provide a greater opportunity to be heard.

(2) Where a resolution is made under subclause (1), the CEO and the Mayor shall set the time and date of the meeting to provide the opportunity to be heard.

(3) Where the Council resolves to meet to provide the opportunity to be heard under subclause (1), the Presiding Member shall– (a) instruct the CEO to provide local public notice of the time and date when

the Council will meet to provide an opportunity to be heard; (b) provide a written invitation to attend the meeting to provide the opportunity

to be heard to all members of the public who have applied under clause 6.9 to make a deputation on the issue; and

(c) cause minutes to be kept of the meeting to provide the opportunity to be heard.

(4) A meeting held under subclause (1) shall be conducted only to hear submissions. The council shall not make resolutions at a meeting to provide the opportunity to be heard.

(5) At a meeting held under subclause (1), each person making a submission shall be provided with the opportunity to fully state his or her case.

(6) A member of the public shall be limited to 10 minutes in making an oral submission, but this period may be extended at the discretion of the Presiding Member.

(7) Once every member of the public has had the opportunity to make a submission the Presiding Member is to close the meeting.

(8) The CEO is to ensure that a report is included on the agenda of the next Council meeting summarising each submission made at the meeting.

(9) The Council must not resolve on the matter that is the subject of a meeting to provide the opportunity to be heard until it has received the CEO’s report under subclause (8).

6.14 Public Inspection of agenda materials

The right of the public to inspect the documents referred to, and in accordance with, regulation 14 of the Regulations may be exercised at City of Bunbury Administration Building, 4 Stephen Street Bunbury and on the Local Government’s website.


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6.15 Confidentiality of information withheld

(1) Information withheld by the CEO from the public under regulation 14(2) of the Regulations is to be– (a) identified in the agenda of a Council meeting under the item “Matters for

which meeting may be closed”; (b) marked “Confidential” in the agenda; and (c) kept confidential by Employees and Members until the Council resolves

otherwise. (2) A member or an employee who has–

(a) confidential information under subclause (1); or (b) information that is provided or disclosed for the purpose of or during a

meeting, or part of a meeting, that is closed to the public. (c) must not disclose any of that information to any person other than another

member or an employee to the extent necessary for the purpose of carrying out his or her duties.

(3) Subclause (2) does not prevent a member or employee from disclosing information– (a) at a closed meeting; (b) to the extent specified by the Council and subject to such other conditions

as the Council determines; (c) that is already in the public domain; (d) to an officer of the Department; (e) to the Minister; (f) to a legal practitioner (engaged by the Council) for the purpose of obtaining

legal advice; or (g) if the disclosure is required or permitted by law.

6.16 Recording of proceedings

(1) The Local Government may direct that an audio or video recording of a meeting of the Council or a committee be made.

(2) In the event of a recording being made under subclause (1), the Presiding Member is to advise the meeting, immediately before the meeting is commenced, that such a recording will be taking place.

(3) A person, other than the Local Government, is not to use any electronic, visual or audio recording device or instrument to record the proceedings of the Council without the permission of the Presiding Member.

(4) If the Presiding Member gives permission under subclause (3), the Presiding Member is to advise the meeting, immediately before the meeting is commenced, that such permission has been given and the nature and extent of that permission.

6.17 Prevention of disturbance

(1) A reference in this clause to a person is to a person other than a member. (2) A person addressing the Council or a committee shall extend due courtesy and

respect to the Council or the committee and the processes under which it operates and shall comply with any direction by the Presiding Member.

(3) A person present at or observing a meeting shall not create a disturbance at a meeting, by interrupting or interfering with the proceedings, whether by expressing approval or dissent, by conversing or by any other means.

(4) A person shall ensure that his or her mobile telephone or audible pager is not switched on or used during any meeting of the Council or committee

(5) The Presiding Member may warn a person who fails to comply with this clause. (6) If–

(a) after being warned, the person again acts contrary to this clause, or to these Standing Orders; or

(b) a person refuses or fails to comply with a direction by the Presiding Member,

the Presiding Member may expel the person from the meeting by ordering him or her to leave the meeting room.


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(7) A person who is ordered to leave the meeting room and fails to do so may, by order of the Presiding Member, be removed from the meeting room and, if the Presiding Member orders, from the premises.

Part 7 - Questions by Members 7.1 Questions by Members

(1) Members may ask questions relating to an item on the notice paper or on matters related to the good government of persons in the district.

(2) A Member requesting general information from an employee at a Council meeting may ask a question without notice and with the consent of the Presiding Member, may ask one or more further questions of that employee or another employee present at the meeting.

(3) Where possible the employee shall endeavour to answer the question to the best of his or her knowledge and ability, however, if the information is unavailable or the answer requires research or investigation, the employee may ask that– (a) the question be placed on notice for the next meeting of Council; and (b) the answer to the question be given to the Member who asked it within 14

days. (4) Every question and answer–

(a) is to be brief and concise; and (b) is not to be accompanied by argument, expression of opinion or statement

of facts, except to the extent necessary to explain the question or answer. (5) In answering any question, an employee may qualify his or her answer and may

at a later time in the meeting or at a subsequent meeting alter, correct, add to or otherwise amend the original answer.

Part 8 – Conduct of Members 8.1 Members to be in their proper places

(1) At the first meeting held after each Election Day, the CEO is to; conduct a ballot to determine the seating position of each member at the Council table.

(2) Each Member is to occupy his or her allotted position at each Council meeting. 8.2 Respect to the Presiding Member

After the business of a Council has been commenced, a Member is not to enter or leave the meeting without first paying due respect to the Presiding Member.

8.3 Titles to be used

A speaker, when referring to the Mayor, Deputy Mayor or Presiding Member, or a Member or Employee, is to use the title of that person's office.

8.4 Advice of entry or departure

During the course of a meeting of the Council, a Member is not to enter or leave the meeting without first advising the Presiding Member, in order to facilitate the recording in the minutes of the time of entry or departure.

8.5 Members to indicate their intention to speak

A Member of the Council who wishes to speak is to indicate his or her intention to speak by raising his or her hand or by another method agreed by the Council.

8.6 Priority of speaking

(1) Where 2 or more Members indicate, at the same time, their intention to speak, the Presiding Member is to decide which Member is entitled to be heard first.

(2) A decision of the Presiding Member under subclause (1) is not open to discussion or dissent.


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(3) A Member is to cease speaking immediately after being asked to do so by the Presiding Member.

8.7 Presiding Member may take part in debates

The Presiding Member may take part in a discussion of any matter before the Council, subject to compliance with this Local Law.

8.8 Relevance

When addressing a meeting on any motion, amendment, or other business, a Member is to restrict his or her remarks to that motion, amendment, or other business, or to a personal explanation or point of order, and not digress.

8.9 Speaking twice

A Member is not to address the Council more than once on any motion or amendment except– (a) as the mover of a substantive motion, to exercise a right of reply; (b) to raise a point of order; or (c) to make a personal explanation.

8.10 Duration of speeches

(1) A Member is not to speak on any matter for more than 5 minutes without the consent of the Council which, if given, is to be given without debate.

(2) An extension under this clause cannot be given to allow a Member's total speaking time to exceed 10 minutes.

8.11 No speaking after conclusion of debate

A Member is not to speak on any motion or amendment– (a) after the mover has replied; or (b) after the question has been put.

8.12 No interruption

A Member is not to interrupt another Member who is speaking unless– (a) to raise a point of order; (b) to call attention to the absence of a quorum; (c) to make a personal explanation under clause 8.13; or (d) to move a procedural motion that the Member be no longer heard.

8.13 Personal explanations

(1) A Member who wishes to make a personal explanation relating to a matter referred to by another Member who is then speaking is to indicate to the Presiding Member his or her intention to make a personal explanation.

(2) The Presiding Member is to determine whether the personal explanation is to be heard immediately or at the conclusion of the speech by the other Member.

(3) A Member making a personal explanation is to confine his or her observations to a succinct statement relating to a specific part of the speech at which he or she may have been misunderstood.

8.14 No reopening of discussion

A Member is not to reopen discussion on any Council decision, except to move that the decision be revoked or changed.

8.15 Adverse reflection

(1) A Member is not to reflect adversely on a decision of the Council except on a motion that the decision be revoked or changed.

(2) A Member is not– (a) to reflect adversely on the character or actions of another Member or

employee; or (b) to impute any motive to a Member or employee,


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unless the meeting resolves, without debate, that the question then before the meeting cannot otherwise be adequately considered.

(3) A Member is not to use offensive or objectionable expressions in reference to any Member, employee or other person.

(4) If a Member specifically requests, immediately after their use, that any particular words used by a Member be recorded in the minutes– (a) the Presiding Member is to cause the words used to be taken down and

read to the meeting for verification; and (b) the Council may, by resolution, decide to record those words in the

minutes. 8.16 Withdrawal of offensive language

(1) A Member who, in the opinion of the Presiding Member, uses an expression which– (a) in the absence of a resolution under clause 8.15–

(i) reflects adversely on the character or actions of another Member or employee; or

(ii) imputes any motive to a Member or employee; or (b) is offensive or insulting, must, when directed by the Presiding Member, withdraw the expression and make a satisfactory apology.

(2) If a Member fails to comply with a direction of the Presiding Member under subclause (1), the Presiding Member may refuse to hear the Member further on the matter then under discussion and call on the next speaker.

Part 9 - Preserving order 9.1 Presiding Member to preserve order

(1) The Presiding Member is to preserve order, and, whenever he or she considers necessary, may call any Member to order.

(2) When the Presiding Member speaks during a debate, any Member then speaking, or indicating that he or she wishes to speak, is immediately to sit down and every Member present is to preserve strict silence so that the Presiding Member may be heard without interruption.

(3) Subclause (2) is not to be used by the Presiding Member to exercise the right provided in clause 8.7, but to preserve order.

9.2 Point of order

(1) A Member may object, by way of a point of order, only to a breach of– (a) this Local Law; or (b) any other written law.

(2) Despite anything in this Local Law to the contrary, a point of order– (a) takes precedence over any discussion; and (b) until determined, suspends the consideration or discussion of any other

matter.

9.3 Procedures on a point of order (1) A Member who is addressing the Presiding Member is not to be interrupted

except on a point of order. (2) A Member interrupted on a point of order is to resume his or her seat until–

(a) the Member raising the point of order has been heard; and (b) the Presiding Member has ruled on the point of order, and, if permitted, the Member who has been interrupted may then proceed.

9.4 Calling attention to breach

A Member may, at any time, draw the attention of the Presiding Member to any breach of this Local Law.


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9.5 Ruling by the Presiding Member

(1) The Presiding Member is to rule on any point of order which is raised by either upholding or rejecting the point of order.

(2) A ruling by the Presiding Member on a point of order is to be final unless the majority of Members then present and voting, on a motion moved immediately after the ruling, dissent from the ruling.

(3) Subject to a motion of dissent being carried under subclause (2), if the Presiding Member rules that– (a) any motion, amendment or other matter before the meeting is out of order,

it is not to be considered further; and (b) a statement made or act done by a Member is out of order, the Presiding

Member may require the Member to make an explanation, retraction or apology.

9.6 Continued breach of order

If a Member– (a) persists in any conduct that the Presiding Member had ruled is out of order; or (b) refuses to make an explanation, retraction or apology required by the Presiding

Member under clause 9.5(3), the Presiding Member may direct the Member to refrain from taking any further part in the matter under discussion, other than by voting, and the Member is to comply with that direction.

9.7 Right of Presiding Member to adjourn

(1) For the purpose of preserving or regaining order, the Presiding Member may adjourn the meeting for a period of up to 15 minutes.

(2) On resumption, the debate is to continue at the point at which the meeting was adjourned.

(3) If, at any one meeting, the Presiding Member adjourns the meeting more than once for the purpose of preserving or regaining order, the second or subsequent adjournment may be to a later time on the same day or to another day.

Part 10 - Debate of substantive motions 10.1 Motions to be stated and in writing

Any Member who wishes to move a substantive motion or an amendment to a substantive motion– (a) is to state the substance of the motion before speaking to it; and (b) if required by the Presiding Member, is to put the motion or amendment in writing.

10.2 Motions to be supported

(1) A substantive motion or an amendment to a substantive motion is not open to debate until it has been seconded.

(2) A motion to revoke or change a decision made at a Council meeting is not open to debate unless the motion has the support required under regulation 10 of the Regulations.

10.3 Unopposed business

(1) Immediately after a substantive motion has been moved and seconded, the Presiding Member may ask the meeting if any Member opposes it.

(2) If no Member opposes the motion, the Presiding Member may declare it carried without debate and without taking a vote.

(3) A motion declared carried under this clause is to be recorded in the minutes as a unanimous decision of the Council.

(4) If a Member opposes a motion, the motion is to be dealt with under this Part.


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(5) This clause does not apply to a motion to revoke or change a decision which has been made at a Council meeting.

10.4 Only one substantive motion at a time

When a substantive motion is under debate at a meeting of the Council, no further substantive motion is to be accepted. The Council is not to consider more than one substantive motion at any time.

10.5 Order of call in debate The Presiding Member is to call speakers to a substantive motion in the following order– (a) the mover to state the motion; (b) a seconder to the motion; (c) the mover to speak to the motion; (d) the seconder to speak to the motion; (e) a speaker against the motion; (f) a speaker for the motion; (g) other speakers against and for the motion, alternating where possible; and (h) mover takes right of reply which closes debate.

10.6 Limit of debate

The Presiding Member may offer the right of reply and put a substantive motion to the vote if he or she believes that sufficient discussion has taken place even though all Members may not have spoken.

10.7 Member may require question to be read

A Member may require the question or matter under discussion to be read at any time during a debate, but not so as to interrupt any other Member who is speaking.

10.8 Consent of seconder required for alteration

The mover of a substantive motion may not alter the wording of the motion without the consent of the seconder.

10.9 Order of amendments

Any number of amendments may be proposed to a substantive motion, but when an amendment is moved to a substantive motion, no second or subsequent amendment is to be moved or considered until the first amendment has been withdrawn, carried or lost.

10.10 Form of an amendment

An amendment must add, delete, or substitute words to the substantive motion. 10.11 Amendment must not negate original motion

An amendment to a substantive motion cannot negate the original motion or the intent of the original motion.

10.12 Relevance of amendments

Each amendment is to be relevant to the motion in respect of which it is moved.

10.13 Mover of motion may speak on amendment Any Member may speak during debate on an amendment.

10.14 Effect of an amendment

If an amendment to a substantive motion is carried, the motion as amended then becomes the substantive motion, on which any Member may speak and any further amendment may be moved.

10.15 Withdrawal of motion or amendment

(1) Subject to subclause (2), the Council may, without debate, grant leave to withdraw a motion or amendment on the request of the mover of the motion or amendment and with the approval of the seconder.


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(2) Where an amendment has been proposed to a substantive motion, the substantive motion is not to be withdrawn, except by consent of the majority of Members present, until the amendment proposed has been withdrawn or lost.

10.16 Right of reply

(1) The mover of a substantive motion has the right of reply. (2) The mover of any amendment to a substantive motion has a right of reply. (3) The right of the reply may only be exercised–

(a) where no amendment is moved to the substantive motion – at the conclusion of the discussion on the motion; or

(b) where one or more amendments have been moved to the substantive motion – at the conclusion of the discussion on the substantive motion and any amendments.

(4) After the mover of the substantive motion has commenced the reply– (a) no other Member is to speak on the question; (b) there is to be no further discussion on, or any further amendment to, the

motion. (5) The right of the reply is to be confined to rebutting arguments raised by previous

speakers and no new matter is to be introduced. (6) At the conclusion of the right of reply, the substantive motion, or the substantive

motion as amended, is immediately to be put to the vote.

Part 11 - Procedural motions

11.1 Permissible procedural motions

In addition to the right to move an amendment to a substantive motion a Member may move the following procedural motions– (a) that the meeting proceed to the next item of business; (b) that the debate be adjourned; (c) that the meeting now adjourn; (d) that the question be now put; (e) that the Member be no longer heard; (f) that the ruling of the Presiding Member be disagreed with; (g) that the meeting be closed to the public.

11.2 No debate

(1) The mover of a motion specified in paragraph (a), (b), (c), (f) or (g) of clause 11.1 may speak to the motion for not more than 2 minutes, the seconder is not to speak other than to formally second the motion, and there is to be no debate on the motion.

(2) The mover of a motion specified in paragraph (d) or (e) of clause 11.1 may not speak to the motion, the seconder is not to speak other than to formally second the motion, and there is to be no debate on the motion.

11.3 Who may move

No person who has moved, seconded, or spoken for or against the substantive motion, or any amendment to the substantive motion, may move any procedural motion which, if carried, would close the debate on the substantive motion or amendment.

11.4 Procedural motions - right of reply on substantive motion

The carrying of a procedural motion which closes debate on the substantive motion or amendment and forces a decision on the substantive motion or amendment does not deny the right of reply to the mover of the substantive motion.

11.5 Meeting to proceed to the next item of business

The motion “that the meeting proceed to the next business”, if carried, has the effect that– (a) the debate on the substantive motion or amendment ceases immediately;


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(b) no decision is made on the substantive motion; (c) the Council moves to the next item of business; and (d) there is no requirement for the matter to be raised again for consideration.

11.6 Debate to be adjourned

A motion “that the debate be adjourned”– (a) is to state the time to which the debate is to be adjourned; and (b) if carried, has the effect that all debate on the substantive motion or amendment

ceases immediately, but continues at the time stated in the motion.

11.7 Meeting now adjourn (1) A Member is not to move or second more than one motion of adjournment during

the same sitting of the Council. (2) Before putting the motion for the adjournment of the Council, the Presiding

Member may seek leave of the Council to deal first with matters that may be the subject of an adoption by exception resolution.

(3) A motion “that the meeting now adjourn”– (a) is to state the time and date to which the meeting is to be adjourned; and (b) if carried, has the effect that the meeting is adjourned to the time and date

specified in the motion. (4) A meeting adjourned under subclause (3) is to continue from the point at which it

was adjourned, unless the Presiding Member or the Council determines otherwise.

11.8 Question to be put

(1) If the motion “that the question be now put”, is carried during debate on a substantive motion without amendment, the Presiding Member is to offer the right of reply and then put the motion to the vote without further debate.

(2) If the motion "that the question be now put" is carried during discussion of an amendment, the Presiding Member is to put the amendment to the vote without further debate.

(3) This motion, if lost, causes debate to continue.

11.9 Member to be no longer heard If the motion “that the member be no longer heard”, is carried, the speaker against whom the motion has been moved cannot speak further on the current substantive motion, or any amendment relating to it, except to exercise the right of reply if he or she is the mover of the substantive motion.

11.10 Ruling of the Presiding Member to be disagreed with

If the motion “that the ruling of the Presiding Member be disagreed with” is carried, that ruling is to have no effect and the meeting is to proceed accordingly.

Part 12 - Disclosure of interests 12.1 Disclosure of interests

Disclosure of interests is dealt with in the Act.

Part 13 - Voting

13.1 Question - when put

(1) Immediately after the debate on any question is concluded and the right of reply has been exercised, the Presiding Member– (a) is to put the question to the meeting; and (b) if requested by any Member, is to again state the terms of the question.


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(2) A Member is not to leave the meeting when the Presiding Member is putting any question.

13.2 Voting

Voting is dealt with in the Act and the Regulations. 13.3 Majorities required for decisions

The majorities required for decisions of the Council and committees are dealt with in the Act.

13.4 Method of taking vote

(1) In taking the vote on any motion or amendment the Presiding Member– (a) is to put the question, first in the affirmative, and then in the negative; (b) may put the question in this way as often as may be necessary to enable

him or her to determine whether the affirmative or the negative has the majority of votes;

(c) is to count and determine the votes of Members in any way (such as electronically or by a show of hands) that enable a record to be taken of each members vote; and,

(d) subject to this clause, is to declare the result. (2) The CEO is to ensure that the minutes record–

(a) the name of each member who voted; and (b) whether he or she voted in the affirmative or negative.

Part 14 – Minutes of meetings 14.1 Keeping of minutes

The keeping and confirmation of minutes are dealt with in the Act. 14.2 Content of minutes

(1) The content of minutes is dealt with in the Regulations. (2) In addition to the matters required by regulation 11, the minutes of a Council

meeting is to include, where an application for approval is refused or the authorisation of a licence, permit or certificate is withheld or cancelled, the reasons for the decision.

14.3 Public inspection of unconfirmed minutes

The public inspection of unconfirmed minutes is dealt with in the Regulations. 14.4 Confirmation of minutes

(1) When minutes of an ordinary meeting of the Council are distributed for consideration prior to their confirmation at the next meeting, if a Member is dissatisfied with the accuracy of the minutes, the Member may provide the Local Government with a written copy of the alternative wording to amend the minutes no later than 7 clear working days before the next ordinary meeting of the Council.

(2) At the next ordinary meeting of the Council, the Member who provided the alternative wording shall, at the time for confirmation of minutes– (a) state the item or items with which he or she is dissatisfied; and (b) propose a motion clearly outlining the alternative wording to amend the

minutes. (3) Members must not discuss items of business contained in the minutes, other than

discussion as to their accuracy as a record of the proceedings.


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Part 15 - Adjournment of meeting

15.1 Meeting may be adjourned

The Council may adjourn any meeting– (a) to a later time on the same day; or (b) to any other time on any other day, including a time which coincides with the

conclusion of another meeting or event. 15.2 Effect of adjournment

Where any matter, motion, debate or meeting is adjourned under this Local Law – (a) the names of Members who have spoken on the matter prior to the adjournment

are to be recorded in the minutes; (b) debate is to be resumed at the next meeting at the point where it was interrupted;

and (c) the provisions of clause 8.9 apply when the debate is resumed.

Part 16 – Revoking or changing decisions 16.1 Requirements to revoke or change decisions

The requirements to revoke or change a decision made at a meeting are dealt with in regulation 10 of the Regulations.

16.2 Limitations on powers to revoke or change decisions

(1) Subject to subclause (2), the Council or a committee is not to consider a motion to revoke or change a decision– (a) where, at the time the motion is moved or notice is given, any action has

been taken under clause 16.3 to implement the decision; or (b) where the decision is procedural in its form or effect.

(2) The Council or a committee may consider a motion to revoke or change a decision of the kind described in subclause (1)(a) if the motion is accompanied by a written statement of the legal and financial consequences of carrying the motion.

16.3 Implementing a decision

(1) In this clause– (a) "authorisation" means a licence, permit, approval or other means of

authorising a person to do anything; (b) "implement", in relation to a decision, includes–

(i) communicate notice of the decision to a person affected by, or with an interest in, the decision; and

(ii) take any other action to give effect to the decision; and (c) "valid notice of revocation motion" means a notice of motion to revoke or

change a decision that complies with the requirements of the Act, Regulations and the Local Laws and may be considered, but has not yet been considered, by the Council or a committee as the case may be.

(2) Subject to subclause (4), and unless a resolution is made under subclause (3), a decision made at a meeting is not to be implemented by the CEO or any other person until the afternoon of the first business day after the commencement of the meeting at which the decision was made.

(3) The Council or a committee may, by resolution carried at the same meeting at which a decision was made, direct the CEO or another person to take immediate action to implement the decision.

(4) A decision made at a meeting is not to be implemented by the CEO or any other person–


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(a) if, before commencing any implementation action, the CEO or that person is given a valid notice of revocation motion; and

(b) unless and until the valid notice of revocation motion has been determined by the Council or the committee as the case may be.

(5) The CEO is to ensure that members of the public attending the meeting are informed by an appropriate notice that a decision to grant an authorisation– (a) is to take effect only in accordance with this clause; and (b) cannot be acted upon by the person who has been granted the

authorisation unless and until the decision has been implemented in accordance with this clause.

Part 17 - Suspension of Local Law 17.1 Suspension of Local Law

(1) A Member may at any time move that the operation of one or more of the provisions of this Local Law be suspended.

(2) A Member moving a motion under subclause (1) is to state the reasons for the motion but no other discussion is to take place.

(3) A motion under subclause (1) which is– (a) seconded; and (b) carried by an absolute majority,

is to suspend the operation of the clause or clauses to which the motion relates for the duration of the meeting, unless the meeting earlier resolves otherwise.

17.2 Where Local Law does not apply

(1) In situations where– (a) one or more provisions of this Local Law have been suspended; or (b) a matter is not regulated by the Act, the Regulations or these Standing

Orders, the Presiding Member is to decide questions relating to the conduct of the meeting. (2) The decision of the Presiding Member under subclause (1) is final, except where

a motion is moved and carried under clause 11.10.

17.3 Cases not provided for in Local Law (1) The Presiding Member is to decide questions of order, procedure, debate, or

otherwise in cases where this Local Law, the Act or the Regulations are silent. (2) The decision of the Presiding Member in these cases is final, except where a

motion is moved and carried under clause 11.10.

Part 18 - Meetings of electors

18.1 Electors' general meetings

Electors' general meetings are dealt with in the Act.

18.2 Matters for discussion at electors' general meetings The matters to be discussed at electors' general meetings are dealt with in the Regulations.

18.3 Electors' special meetings

Electors' special meetings are dealt with in the Act. 18.4 Requests for electors' special meetings

Requests for electors' special meetings are dealt with in the Regulations.


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18.5 Convening electors' meetings Convening electors' meetings is dealt with in the Act.

18.6 Who presides at electors' meetings

Who presides at electors' meetings is dealt with in the Act. 18.7 Procedure for electors' meetings

(1) The procedure for electors' meetings is dealt with in the Act and the Regulations. (2) In exercising his or her discretion to determine the procedure to be followed at an

electors' meeting, the Presiding Member is to have regard to this Local Law. 18.8 Participation of non-electors

A person who is not an elector of the Local Government shall not take part in any discussion at an electors' meeting unless the meeting, by resolution, permits the person do so.

18.9 Voting at electors' meetings

Voting at electors' meetings is dealt with in the Regulations. 18.10 Minutes of electors' meetings

Minutes of electors' meetings are dealt with in the Act. 18.11 Decisions made at electors' meetings

Decisions made at electors' meetings are dealt with in the Act.

Part 19 – Briefings and other informal meetings

19.1 Briefings and other informal meetings

(1) The Council may conduct briefings, workshops and other informal meetings. (2) Where the Council conducts briefings, workshops and other informal meetings,

the CEO is to– (a) advise all Members of the time, date and place of the meeting; and (b) cause notes of the meeting to be kept.

(3) A member who has an interest in a matter to be discussed at a briefing, workshop or other informal meeting is to deal with the interest in accordance with the provisions of Part 12 of these Standing Orders.

(4) The Council is not to make a formal resolution at any meeting other than at a Council Meeting or at a meeting of a committee which has delegated authority to do so.

(5) The Council is not to meet except at– (a) a Council or committee meeting; (b) a briefing, workshop or informal meeting under this clause; or (c) a meeting to hear public submissions convened under clause 6.13.

Part 20 - Enforcement 20.1 Penalty for Breach

A person who breaches a provision of this Local Law commits an offence. Penalty: $1,000.00 and a daily penalty of $500.00.

20.2 Who can prosecute

Who can prosecute is dealt with in the Act.


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Part 21 – Common Seal

21.1 City of Bunbury Common Seal

(1) The CEO is responsible for the safe custody and proper use of the common seal of the Local Government.

(2) Each document to which the common seal is affixed must be signed by the CEO or an employee authorised in writing by the CEO.

(3) The common seal is to be affixed to any Local Law which is made by the Local Government.

(4) On each occasion the common seal is affixed to a document, the CEO is to have recorded in a register maintained for the purpose– (a) the date the common seal was affixed (b) the nature of the document; and (c) the parties described in the document.

(5) A person who uses the common seal of the Local Government or a replica without authority commits an offence.

Dated: 26 June 2012 The Common Seal of the City of Bunbury was affixed by the authority of a resolution of Council in the presence of: Mr David Lawrence Smith Mr Andrew Brien Mayor Chief Executive Officer


CITY OF BUNBURY

PENALTY UNIT LOCAL LAW 2018

Under the powers conferred by the Local Government Act 1995, and all other powers enabling it, the Council of the

City of Bunbury resolved on DD MM 2018 to make the following local law.

1. Citation

This Local Law may be cited as the City of Bunbury Penalty Units Local Law 2018.

2. Commencement

The Local Law comes into operation 14 days after the date of publication in the Government Gazette.

3. Object and Intent

Under section 9.17 of the Local Government Act the City may prescribe modified penalties for the issue of

infringement notices for the commission of prescribed offences. The City has adopted a number of local laws that

have prescribed modified penalties expressed in penalty units. This local law prescribes the value of a penalty unit.

4. Penalty Units

(a) If this or any other local law expresses a modified penalty as a number of penalty units, the

monetary value of the modified penalty is the number of dollars obtained by multiplying the value

of the penalty unit by the number of penalty units.

(b) The value of a penalty unit is $10.00.

Dated: Date Month 2018.

The Common Seal of the City of Bunbury was affixed under the authority of a resolution of Council in the presence

of–

____________________________ GARY BRENNAN, Mayor.

____________________________ MALCOLM OSBORNE, Chief Executive Officer.

Changes to this document can only be made by the document owner. The electronic version on the Intranet is the controlled version. Printed copies are considered uncontrolled and should be verified as current version.

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COUNCIL POLICY: Execution of Documents

POLICY OWNER: Chief Executive Officer

POLICY STATEMENT: To ensure the City’s common seal is correctly utilised and documents executed in accordance with the provisions of the Local Government Act 1995 and in a consistent and transparent manner.

POLICY OVERVIEW:

This Policy applies to all City of Bunbury Officers who have been authorised through the provisions of this policy to execute documents on behalf of Council and the City of Bunbury. According to section 9.49A(1) of the Local Government Act 1995 (the Act) a document is duly executed by a local government if the common seal is affixed to it or it is signed by an officer authorised to do so. Part 21 of the City of Bunbury Standing Orders Local Law 2012, provides for the execution and procedure of the Common Seal. Pursuant to s.9.49A(4) of the Act the local government may, by resolution, authorise the chief executive officer, another employee or an agent of the local government to sign documents on behalf of the local government, either generally or subject to conditions or restrictions specified in the authorisation.

In the case of:

(a) Legislation;

(b) The formal requirements of a Commonwealth or State department, authority or agency (as described in a Policy or procedure); or

(c) A Council decision;

expressly specifying a particular way in which a document is to be executed, that course of action is to take precedence over this Policy.

If it is unclear what category a document is, then the higher category is to take precedence. If any documents are considered high risk and/or significant in nature having for example a political, historical/customary, controversial or financial impact on the City, the CEO or a Director can determine how such documents are to be executed. POLICY DETAILS:

1(A) Category 1(A) Documents

Category 1(A) documents require a specific resolution of Council to execute the document as well as an authority to affix the seal.

These documents will be executed by having the common seal affixed under the authorisation of Council with the affixing of the seal in the presence of and being attested to by the Mayor


Page 2 of 5

and CEO or pursuant to s9.49A(3)(b) of the Act, the Mayor and a senior employee authorised by the CEO to do so. The following is a list of Category 1(A) documents: (a) Deeds of Agreement and Release in respect to sale, purchase or other commercial

dealing relating to City assets including equitable interests;

(b) Local Planning Schemes and Amendments;

(c) Landgate Transfer of Land forms;

(d) Lease documents. This category includes, but is not limited to:

Variation of Lease;

Assignment of Lease; and

Surrender of Lease;

except where granted under delegated authority;

(a) Local Laws; and

(b) Licence documents.

1(B) Category 1(B) Documents

Category 1(B) documents are those of a general form or category and which may be subject to time constraints for execution. These documents are to be sealed as part of a “class of documents” authorised by Council to be executed under the common seal without a specific Council resolution to affix the seal. Please note that the document may not require a Council resolution, being a Category 1(B) document, however the decision to undertake a particular course of action may still require Council approval.

The following is a list of Category 1(B) documents:

(a) Agreements relating to grant funding, when the funder requires that the agreement be

signed under seal;

(b) Debenture documents for loans which Council has resolved to raise;

(c) General Legal and Service Agreements not already listed in this policy; and

(d) Extension of Lease under original lease clause or provision;

(e) Sub Lease of a portion of the premises by the Lessee;

(f) Minor Variation of Lease provided it does not alter the substantive terms of the Lease approved by Council (for example, changes a process within the lease).

2 Category 2 Documents

Category 2 documents do not require the seal to be affixed. Under section 9.49A(4) Council authorises the Officers listed in the Table below to sign documents on behalf of the City of Bunbury. Directors only have authority where the documents are related to their area of responsibility.


Page 3 of 5

Description Authority to execute Typical documents Offer and Acceptance forms and associated documents required to enact a decision of Council to purchase or sell land. This does not include mortgage and Transfer of Land document which are Landgate forms listed as Category 1 documents.

CEO

standard REIWA terms

Special conditions of offer;

Contracts of sale, etc.

General deeds, legal and service agreements CEO; The Responsible Director;

settlement and/or releases;

confidentiality and non-disclosure;

sponsorship;

grant funding;

deferral of developer contributions;

bonding arrangements;

memorandums of understanding etc

Leases, licences and access agreements associated documents,

CEO; the Responsible Director; the City officer delegated authority by the CEO;

any notices required to be given under a lease, etc.

Documents required in the management of land as a land owner

CEO; Director of Planning and Development Services

subdivision applications;

development applications,

building applications

agreement for access and indemnity

works agreement, etc

Documents required to enact a decision of Council or the Development Assessment Panel

CEO; The responsible Director

Contractual documents resulting from a tender process

Transfer of land forms

Notification on title as required by a condition of approval, etc

Documents required to enact a decision made under delegated authority or as a condition of approval given under delegated authority.

CEO; The responsible director; The City officer exercising the delegated authority

Planning Approvals

Building Approvals, etc

Other statements of intent and terms and conditions CEO; Letters of


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Description Authority to execute Typical documents the Responsible Director or Manager

employment for casual employees

hire agreements for city facilities;

Higher duties for positions up to and including team leader/supervisor, etc

3 Category 3 Documents

Category 3 documents are documents that are created in the normal course of business to discharge the duties of an officer’s position in a manner consistent with City policies corporate guidelines or procedures. Category 3 documents are to be executed by the CEO, a Director or Manager, or a City officer where the authority and accountability has been extended through an authorisation, policy, corporate guideline or a position description. It is therefore important to have a good knowledge of the documents that relate to the team which is responsible for the document. These documents include, but are not limited, to the following: (a) Letters, correspondence and other documents that reflect an operational or procedural

action required in the ordinary course of business;

(b) Agreements for the purchase of goods or services identified within the department’s budget (other than for tenders) and conforming to the requirements of the City's Purchasing Policy and other relevant policies.

(c) when a responsible officer has a specific role such as applying for and organising receipt of grants, and which requires him/her to sign documents relevant to the grant; and

(d) When a responsible officer is authorised by relevant laws or is delegated authority by Council to issue notices and infringements.

The above list is not intended to be exhaustive, but rather give context to the typical nature of a category 3 document.

General:

The responsible officer is required to assess the document to ensure it is appropriate for signing. The CEO may nominate a Director to sign documents of their behalf for a specific period of time should the CEO be away from the office on City business. All documents which provided to the CEO for execution should be accompanied by a completed “request for signature/approval” form. LEGISLATION AND OTHER REFERENCES:

- Local Government Act 1995, s.2.7(2)(b), s.9.49A

- Request for Signature/Approval Form

- City of Bunbury Style Guide


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Authority: Chief Executive Officer

Document Owner Manager Governance

Adopted by Council: Council Decision xx/ xx xxxx XXXX

Document Date Approved Amendment

CP-042629

http://mydocs/sites/cp/_layouts/DocIdRedir.aspx?ID=CP-042629

City of Bunbury Register of Delegated Authority

Annual Review - 13 December 2016 Council Decision 444/16 Amendment DACL06 - 13/12/16 CD 445/16

Addition DAH08 - 24/01/17 CD 21/17 Addition DAO09 - 21/02/17 CD 58/17

Amendment DAG02 - 11/07/17 CD 264/17 Amendment DASP03 - 5/09/17 CD 331/17


Last updated 5 September 2017 Page 2 of 115

Table of Contents

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

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

Background to delegations and authorisations.............................................................................................................. 4

The concept of “acting through”..................................................................................................................................... 4

Standard Conditions of Delegations................................................................................................................................ 5

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

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

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

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

DAB03 - Deposit Material on a Public Place............................................................................................................... 9

Community Law, Safety and Emergency Management................................................................................................ 11

DACL01 - Administer the Citys Local Laws................................................................................................................ 11

DACL02 - Disposal of Confiscated Goods.................................................................................................................. 13

DACL03 - Appoint Authorised Persons...................................................................................................................... 14

DACL04 - Closure of Streets for Parties or Events..................................................................................................... 16

DACL05 - Bush Fires Act............................................................................................................................................ 18

DACL06 - Cancellation of Infringement Notices........................................................................................................ 19

DACL07 - Impounding and Removal of Goods.......................................................................................................... 21

DACL08 - Recovery of Impounding Expenses............................................................................................................ 22

DACL09 - Legal Proceedings...................................................................................................................................... 23

DACL10 - Parking Related Signs................................................................................................................................ 25

Financial Management.................................................................................................................................................. 26

DAFM01 - Payments from Municipal and Trust Funds............................................................................................. 26

DAFM02 - Release of Bank Guarantees.................................................................................................................... 28

DAFM03 - Investment of Council Funds................................................................................................................... 29

DAFM04 - Write off of Moneys................................................................................................................................. 30

General.......................................................................................................................................................................... 32

DAG01 - Power to Accept Tenders........................................................................................................................... 32

DAG02 - Contract Price Variations............................................................................................................................ 34

DAG03 - Liquor Licensing Extended Trading Permits................................................................................................ 36

DAG04 - Tender Variations....................................................................................................................................... 37

DAG05 - City of Bunbury Art Collection – Purchase and Disposal of Artworks......................................................... 38

Health............................................................................................................................................................................ 39

DAH01 - Discharge of Powers – Section 26 of the Health Act 1911.......................................................................... 39

DAH02 - Treatment of Sewage and Disposal of Effluent and Liquid Waste.............................................................. 41

DAH03 - Caravan Parks and Camping Grounds......................................................................................................... 42



DAH04 - Caravan Parks and Camping Ground Regulations...................................................................................... 44

DAH05 - Section 39 and Section 40 Certificates....................................................................................................... 45

DAH06 - Section 55 Certificates................................................................................................................................ 47

DAH07 - Discharge of Powers (Food Act 2008)......................................................................................................... 49

DAH08 - Public Health Act 2016 and Criminal Procedure Act 2004.......................................................................... 51

Operations.................................................................................................................................................................... 52

DAO01 - Thoroughfare Submissions......................................................................................................................... 52

DAO02 - Purchase and Trade of Fleet Vehicles......................................................................................................... 53

DAO03 - Sale of Subdivisional Land.......................................................................................................................... 54

DAO04 - Conditions of Property Leases.................................................................................................................... 55

DAO05 - Closure of Private Right of Way.................................................................................................................. 56

DAO06 - Authority to Serve Notices to Owners or Occupiers of Land...................................................................... 57

DAO07 - Authority to Sell, Lease or Dispose of Plant, Equipment and Materials..................................................... 59

DAO08 - Determine Applications and Apply Conditions to Matters Relating to Road Reserves.............................. 61

DAO09 - Disposal of property (land)......................................................................................................................... 63

Planning and Development........................................................................................................................................... 64

DASP01 - Notification on Land Title.......................................................................................................................... 64

DASP02 - Notifications on Land Title (Applications for Built Strata Subdivision)...................................................... 66

DASP03 - Development Applications........................................................................................................................ 67

DASP04 - Local Planning Scheme and Local Planning Policy Compliance................................................................. 69

DASP05 - Residential Design Codes.......................................................................................................................... 71

DASP06 - Reserve Administration............................................................................................................................. 73

DASP07 - Planning and Development Act 2005 - Enforcement and Legal Proceedings........................................... 74

Statutory Delegations to Local Government from External Agencies........................................................................... 76

DASD01 - Western Australian Planning Commission (Clause 27 Greater Bunbury Region Scheme Development

Approvals).................................................................................................................................................................. 76

DASD02 - Western Australian Planning Commission (Section 25 Of Strata Titles Act 1995).................................... 84

DASD03 - Noise Control (Serve Environmental Protection Notices (s65(1)))........................................................... 87

DASD04 - Noise Control (Keeping Of Log Books, Noise Control Notices, Calibration And Approval Of Non Complying Events)...............................................................................................................................................

89

DASD05 - Noise Control (Noise Management Plans (Reg. 13))................................................................................. 91

AMENDED, REVOKED AND ARCHIVED DELEGATIONS OF AUTHORITY....................................................................... 93



Introduction to Delegations of Authority

Register of Delegated Authority

This register contains a record of all Delegations of Authority made to Committees pursuant to section 5.16 and to the Chief Executive Officer pursuant to section 5.42 of the Local Government Act 1995 (the Act) and section 82 of the Planning and Development (Local Planning Schemes) Regulations 2015. Where listed, some of these functions are hereby delegated by the Chief Executive Officer to City of Bunbury employees pursuant to section 5.44 of the Act and section 83 of the Planning and Development (Local Planning Schemes) Regulations 2015. All delegations made by the Council must be by absolute majority decision. The purpose of delegations is to assist with improving the time taken to make decisions within the constraints allowed by the relevant legislation. This is consistent with the City’s commitment to a strong customer service focus. Each instrument of delegation describes the function being delegated and the relevant statutory reference which is the source of power for the exercise of the function. This register of delegated authority will be reviewed in accordance with the Act on an annual basis.

Background to delegations and authorisations

Delegations and authorisations are the means by which decision making bodies can access the power to undertake certain statutory functions. A delegation is the conferral of the ability to exercise a power or duty to a person or body from a person or body that is vested with the responsibility to exercise that power or duty. An authorisation is the designation of an officer or a body as a person or body that is capable of exercising a statutory power or duty. When a person or body exercises delegated authority they do so “on behalf” of the delegator and in doing so the person or body exercising delegated authority forms the relevant state of mind to make the decision “on behalf” of the delegator. An authorised person or body exercises a statutory function in their own right. The Western Australian local government statutory regime also provides for the Council and CEO to “act through” other officers, agents and bodies to achieve statutory functions. “Acting through” in this manner is not the exercise of delegated authority or an authorised power and must be handled differently. The Department of Local Government and Communities provides a guideline on delegation to local governments in Western Australia. (Local Government Guideline No. 17 – Delegations).

The concept of “acting through”

(Extracted from DLGC Guideline No. 17 – Delegations”) In addition to covering delegations, the Local Government Act 1995 introduces the concept of “acting through”. Section 5.45 of the Act states that in relation to delegations, nothing prevents a “local government from performing any of its functions by acting through a person other than the CEO” or “a CEO from performing any of his or her functions by acting through another person”. The Act does not specifically define the meaning of the term “acting through”. However, the key difference between a delegation and “acting through” is that a delegate exercises the delegated decision making function in his or her own right. The principle issues is that where a person has no discretion in carrying out a function, then that function may be undertaken through the “acting through” concept. Alternatively, where the decision allows for discretion on the part of the decision maker, then that function needs to be delegated for another person to have that authority.



Standard Conditions of Delegations

All delegations are subject to the following Standard Conditions: 1. In exercising delegation any and all Officers or Committees to whom authority has been delegated shall comply with any and all laws and regulations in force in Western Australia; and the requirements of any and all local laws and policies of the City of Bunbury. 2. In exercising delegation any and all Officers or Committees to whom authority has been delegated shall exercise the delegation in accordance with any budget authority where applicable. 3. Delegated authority cannot be exercised where a financial interest or interest affecting impartiality is evident. 4. It is a statutory requirement to maintain a record of each decision made under delegated authority. Documents relating to delegated authority decisions shall as a minimum, record: a. Date the decision was exercised; b. Name of the officer/committee exercising the decision; c. Description of how the person exercised the power or discharged the duty, including where appropriate, any directions to staff to carry out work associated with the decision unless those directions are included in policies, corporate guidelines or the delegation register; d. Notation of the people or class of people directly affected by the decision (other than Council or committee members or employees of the City). 5. Wherever possible the requirements of point 4 shall be incorporated into administrative documents such as authority and TRIM. Where no other documentation is created and recorded in the City’s record keeping system that will evidence a decision, the decision must be recorded by entering the details into Attain (online document management program for keeping records of delegation of authority).

Document Control/History

Document Owner: Manager Governance

Document Authority: Chief Executive Officer

Created Date: 17/07/1990

Compliance: Local Government Act 1995 s5.46

Document Date Approved Amendment CP-040048 05/09/2017 Council Decision 331/17 Amended Delegation DASP03 – Development

Applications CP-039456 11/07/2017 Council Decision 264/17 Amended Delegation DAG02 – Contract Price

Variations CP-038170 21/02/2017 Council Decision 58/17 Additional Delegation DAO09 – Power to

dispose of property (land) CP-038170 24/01/2017 Council Decision 21/17 Additional Delegation DAH08 - Public Health

Act 2016 and Criminal Procedure Act 200 CP-037858 13/12/2016 Council Decision 445/16 Amended Delegation DACL06 – cancellation

of infringement notices CP-037603 13/12/2016 Council Decision 444/16 Annual Review CP-032903 08/12/2015 Council Decision 440/15 Amended numerous Planning Delegations CP-032903 23/06/2015 Council Decision 219/15 Annual Review CP-023743 18/03/2014 Council Decision 89/14 Amended delegations as per Policy Review

and Development Committee Recommendation

CP-023743 18/03/2014 Council Decision 88/14 Annual Review













Building

Delegation

Reference DAB01

Subject Building Act 2011

Delegated by

Council

Delegates

CEO

Subdelegates

Team Leader Building Certification Building Surveyor Director Planning and Development Services

Power or Duty

Authority to approve or refuse to grant or modify building and demolition permit applications, building approval certificates, certificates of building compliance, construction compliance and design compliance, grant or issue occupancy permits, issue building orders and notices and perform associated functions of a permit authority pursuant to the Building Act 2011.

Conditions

Subject to the qualification requirements of the Local Government (Building Surveyors) Regulations 2008.

Statutory Framework

Section 127 Building Act 2011 Division 2 of Part 2 Building Act 2011. Divisions 1, 2 and 3 of Part 4 Building Act 2011 Building Regulations 2012 Local Government (Building Surveyors) Regulations 2008

Policy

N/A

Adoption and Review

Date adopted References Last reviewed To be reviewed

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



Amendments

Nil



Delegation

Reference DAB02

Subject Fencing

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Sustainability, Planning and Development Team Leader Building Certification Team Leader Development Assessment and Compliance Planning Officer(s) Senior Planning Officer Building Surveyor Director Planning and Development Services

Power or Duty

Pursuant to the Provisions of Section 5.42 of the Local Government Act 1995 and the City of Bunbury Local Law relating to fencing (which provides discretional power) the Chief Executive Officer is delegated the authority to exercise discretion and determine applications for fencing.

Conditions

Nil

Statutory Framework

Section 5.42 Local Government Act 1995 Private Property Local Law

Policy

N/A

Adoption and Review


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

Amendments

Nil



Delegation

Reference DAB03

Subject Deposit Material on a Public Place

Delegated by

Council

Delegates

CEO

Subdelegates

Director Works and Services Manager Landscape and Open Space Manager Engineering and Civil Operations Director Planning and Development Services

Power or Duty

Pursuant to the Provisions of Section 5.42 of the Local Government Act 1995 and the City of Bunbury Local Law relating to works on public places (which provides discretional power) the Chief Executive Officer is delegated the authority to exercise discretion and determine applications for depositing material on any public place.

Conditions

Nil

Statutory Framework

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

Policy

N/A

Adoption and Review





Amendments

Date Amendment References

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

Council Decision 231/14

23 June 2015 Delegation amended to include specific details of the authority to exercise discretion when determining applications for depositing material on any public place. This also included a title change from Deposit Material on Street(s) to Deposit Material on a Public Place to correctly reflect the intent of the delegation.




Community Law, Safety and Emergency Management

Delegation

Reference DACL01

Subject Administer the Citys Local Laws

Delegated by

Council

Delegates

CEO

Subdelegates

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

Power or Duty

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

Conditions

Nil

Statutory Framework

Sections 3.18 and 5.42 Local Government Act 1995 City of Bunbury Standing Orders Local Law 2012 City of Bunbury Health Local Law 2001 Advertising Devices Local Law 2007 Private Property Local Law Local Government and Public Property Local Law Eating Areas, Trading or Entertaining on Streets or Other Public Places – Outdoor Eating Areas Local Law Parking and Parking Facilities Local Law

Policy

N/A



Adoption and Review



Amendments

Nil



Delegation

Reference DACL02

Subject Disposal of Confiscated Goods

Delegated by

Council

Delegates

CEO

Subdelegates

N/A

Power or Duty

Pursuant to Section 3.47 of the Local Government Act 1995 the Chief Executive Officer is delegated authority to dispose of any goods that have been ordered to be confiscated (or remain uncollected) under Section 3.43 of the Act.

Conditions

Nil

Statutory Framework

Sections 3.43, 3.47 Local Government Act 1995

Policy

N/A

Adoption and Review



Amendments

Nil



Delegation

Reference DACL03

Subject Appoint Authorised Persons

Delegated by

Council

Delegates

CEO

Subdelegates

N/A

Power or Duty

Pursuant to the provisions of Section 5.42 of the Local Government Act 1995, the Chief Executive Officer is delegated authority to appoint authorised officers/persons to enforce the provisions of various Statutory Acts and associated regulations. • Caravan Parks and Camping Grounds Act 1995 • Local Government (Miscellaneous Provisions) Act 1960 • Local Government Act 1995 • Cat Act 2011 • Dog Act 1976 • Building Act 2011 • Litter Act 1979 • Planning and Development Act 2015 • Local Planning Scheme

Conditions

A power or duty under sections 63, 64 or 65 of the Cat Act 2011 cannot be delegated to an authorised person.

Statutory Framework

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

Policy

N/A



Adoption and Review



Amendments


23 June 2015 Delegation amended to reflect correct references to legislation. Council Decision 219/15

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




Delegation

Reference DACL04

Subject Closure of Streets for Parties or Events

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Community Law, Safety and Emergency Management Director Works and Services Manager Landscape and Open Space Manager Engineering and Civil Operations Director Planning and Development Services Team Leader Parking Operations

Power or Duty

Pursuant to the provisions of sections 5.42 and 3.50(1) and of the Local Government Act 1995, sections 81(C), (D) of the Road Traffic Act 1974 and Road Traffic (Events on Roads) Regulations 1991 the Chief Executive Officer is delegated authority to: • Grant approval on behalf of the Council for the closure of streets for street parties or events on roads.

Conditions

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

Statutory Framework

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

Policy

N/A

Adoption and Review





Amendments





Delegation

Reference DACL05

Subject Bush Fires Act

Delegated by

Council

Delegates

CEO

Subdelegates

N/A

Power or Duty

Authority to perform all powers, duties and functions of the local government under the Bush Fires Act 1954.

Conditions

Authority excludes powers and duties that: 1. Are prescribed in the Act with a requirement for a resolution of the local government; or 2. Are prescribed by the Act for performance by appointed officers.

Statutory Framework

Section 48 Bush Fires Act 1954

Policy

N/A

Adoption and Review



Amendments


23 June 2015 Delegation amended to correctly reference the granting of authority to perform the functions of a local government under the Bush Fires Act 1954.


13 December 2016 This delegation is amended to apply conditions as prescribed in the Bush Fires Act 1954.




Delegation

Reference DACL06

Subject Cancellation of Infringement Notices

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Community Law, Safety and Emergency Management Team Leader Ranger Operations Director Planning and Development Services

Power or Duty

Pursuant to the provisions of the Local Government Act 1995, Dog Act 1976, Bushfires Act 1954, Litter Act 1979, Control of Vehicles (Off-road Areas) Act 1978, Cat Act 2011 and any regulations and local laws made there under, the Chief Executive Officer is delegated authority to cancel Infringement Notices issued (for the purposes of this delegation and where appropriate “cancel” includes the actions of ‘withdrawal’ and ‘caution’). For infringements issued under the Local Government Act, regulations or local laws: 1. The CEO may, in a particular case, extend the period of 28 days within which the modified penalty may be paid and the extension may be allowed whether or not the period of 28 days has elapsed. 2(a) Within one year after the notice was given the CEO may, whether or not the modified penalty has been paid, withdraw an infringement notice by sending to the alleged offender a notice in the prescribed form stating that the infringement notice has been withdrawn. 2(b) Where an infringement notice is withdrawn after the modified penalty has been paid, the amount is to be refunded.

Conditions

The delegated officer may only cancel infringement notices in the following circumstances: • where the officer is able to form an opinion that there is little prospect of locating a person in respect of whom the infringement notice has been issued; or • where it is ascertained that the address of the offender is such (e.g. overseas, interstate) that the execution of the legal process is unlikely to bring the offender to justice; or • where there are substantial discrepancies in the issue of an infringement; or • where legal proceedings cannot be commenced because of a lapse of one year since the date of the offence in the case of the making of a complaint, or six months in the case of a lodgement of the matter with the Registrar, INREP Registry; or • where in the opinion of the Council’s cancelling officer, there are other circumstances that warrant such a cancellation. In these circumstances, the delegated officer must take into consideration any reports by appropriate officers and will make such inquiries as necessary to determine the matter. • Bush Fires Act 1954 s59A(5) and Bush Fire (Infringements) Regulations 1978 4(a) provide that only delegated officers, the Mayor or Chief Executive Officer may withdraw an infringement notice. • Local Government Act 1995 – Any person who is appointed under s9.10(1) and subsequently appointed under s9.16, shall not be appointed under s9.19 and s9.20.



Statutory Framework

Section 5.42, 5.44, 9.19, 9.20 Local Government Act 1995 Section 35(5) Dog Regulations 2013 Section 65 Cat Act 2011 Section 59(A)(5) Bushfires Act 1954 Section 30(4) Litter Act 1979 Section 37(5) Control of Vehicles (Off-Road Areas) 1978

Policy

N/A

Adoption and Review



Amendments



13 December 2016 The proclaimed Local Government Legislation Amendment Bill 2016 legislation requires the CEO of the local government to withdraw the notice or extend the time for payment in relation to infringements. Previously authorised officers were able to provide these functions, providing for effective management of service delivery to the community. This amendment enables the CEO to exercise his powers and duties under the Act.


13 December 2016 This delegation is amended to apply an additional condition as prescribed in the Bush Fires Act 1954, and change the word “authorised” to “delegated” to ensure consistency.




Delegation

Reference DACL07

Subject Impounding and Removal of Goods

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Community Law, Safety and Emergency Management Team Leader Community Safety and Emergency Management Rangers/Fire Control Officers Team Leader Ranger Operations

Power or Duty

Pursuant to the provisions of Section 5.42 of the Local Government Act 1995 the Chief Executive Officer is delegated authority to authorise the removing and impounding of any goods that are involved in a contravention that can lead to that impounding.

Conditions

Nil

Statutory Framework

Section 5.42 Local Government Act 1995

Policy

N/A

Adoption and Review



Amendments

Nil



Delegation

Reference DACL08

Subject Recovery of Impounding Expenses

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Community Law, Safety and Emergency Management Team Leader Community Safety and Emergency Management Rangers/Fire Control Officers Team Leader Ranger Operations

Power or Duty

Pursuant to the provisions of Section 5.42 of the Local Government Act 1995 and Section 3.48 of the same Act, the Chief Executive Officer is delegated authority to implement proceedings for the recovery of impounding expenses if the goods are removed and impounded.

Conditions

Nil

Statutory Framework

Sections 3.48 and 5.42 Local Government Act 1995

Policy

N/A

Adoption and Review



Amendments

Nil



Delegation

Reference DACL09

Subject Legal Proceedings

Delegated by

Council

Delegates

CEO

Subdelegates

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

Power or Duty

Authority to institute legal proceedings through the Council’s Solicitors is delegated to the Chief Executive Officer and/or any of its authorised officer(s) for the recovery of any penalties, and for the punishment of any person committing an offence relevant to the officers work areas, under the provisions of any legislation including the Health Act 1911, Litter Act 1979 1981, Local Government Act 1995, Bush Fires Act 1954, Caravan Parks and Camping Grounds Act 1995, Dog Act 1976, Cat Act 2011, Environmental Protection Act 1986, Food Act 2008, Control of Vehicles (Off Road Areas) 1978 and any Regulations and Local Laws made there under, which it is the duty of the Local Authority to enforce.

Conditions

Where a modified penalty specified within an Infringement Notice has not been paid within the time laid down in the Notice and in respect of other alleged offences not subject to a modified penalty, alleged offenders who apply for the setting aside of legal action shall be advised: • That the prosecution will not be suspended; and • At any time, the alleged offender may submit any mitigating circumstances to the Council for its consideration.

Statutory Framework

Health Act 1911 Litter Act 1979-1981 Sections 5.42, 5.44 and 9.24 Local Government Act 1995 Bush Fires Act 1954 Caravan Parks and Camping Ground Acts 1995 Dog Act 1976 Environmental Protection Act 1986 Food Act 2008 Section 40 Control of Vehicles (Off Road Areas) 1978

Policy

N/A



Adoption and Review



Amendments


23 June 2015 Delegation has been amended to reflect correct references to legislation.


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




Delegation

Reference DACL10

Subject Parking Related Signs

Delegated by

Council

Delegates

CEO

Subdelegates

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

Power or Duty

Pursuant to the provisions of Section 5.42 of the Local Government Act 1995 and Part 2 of the City of Bunbury Parking and Parking Facilities Local Law, Council delegate responsibility to the Chief Executive Officer to erect, alter or remove parking related signs and road markings.

Conditions

Nil

Statutory Framework

Sections 3.18 and 5.42 Local Government Act 1995 City of Bunbury Parking and Parking Facilities Local Laws

Policy

N/A

Adoption and Review


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

Amendments


23 June 2015 This delegation is amended to include authority to erect, alter or remove parking relating signs and road markings. The title has also been changed to more accurately represent the delegation.




Financial Management

Delegation

Reference DAFM01

Subject Payments from Municipal and Trust Funds

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Finance Manager Governance Team Leader Financial Accounting

Power or Duty

Pursuant to Section 5.42 of the Local Government Act 1995 and in accordance with Section 13 of the Local Government Financial Management Regulations 1996, the Chief Executive Officer is delegated authority to approve payments from the Municipal and Trust Funds and to operate those funds and certify accounts.

Conditions

• Electronic Funds Transfer (EFT) transactions require dual authorisation of payments before transmission. • A list of accounts paid by EFT for the month being presented to the next ordinary meeting of the Council in accordance with Regulation 13(2) of the Local Government (Financial Management) Regulations 1996.

Statutory Framework

Section 5.42 Local Government Act 1995 Section 13 Local Government Financial Management Regulations 1996

Policy

N/A

Adoption and Review





Amendments


23 June 2015 This delegation is a combination of two existing delegations (DAFM2 – Payments from Municipal and Trust Funds and DAFM5 – Payment of Accounts by Electronic Funds Transfer).




Delegation

Reference DAFM02

Subject Release of Bank Guarantees

Delegated by

Council

Delegates

CEO

Subdelegates

Director Works and Services Manager Finance Team Leader Financial Accounting Manager Governance Director Planning and Development Services

Power or Duty

Pursuant to Section 5.42 of the Local Government Act 1995 Council delegates its authority to the Chief Executive Officer to release a Bank Guarantee in accordance with associated conditions.

Conditions

Nil

Statutory Framework


Policy

N/A

Adoption and Review


17 July 1990 1990 13 December 2016 30 June 2017

Amendments


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




Delegation

Reference DAFM03

Subject Investment of Council Funds

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Finance Manager Governance Team Leader Financial Accounting

Power or Duty

Pursuant to Section 6.14 of the Local Government Act 1995 and section 18 of the Trustees Act 1962, Council delegates its authority to the Chief Executive Officer to invest Council’s funds in authorised investments being term deposits with Australia’s four (4) major banks: Commonwealth, ANZ, National, Westpac and the following two (2) additional banks, Bankwest and Bendigo Bank.

Conditions

Nil

Statutory Framework

Sections 5.42 and 6.14 Local Government Act 1995 Section 18 Trustees t Act 1962

Policy

N/A

Adoption and Review



Amendments


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




Delegation

Reference DAFM04

Subject Write off of Moneys

Delegated by

Council

Delegates

CEO

Subdelegates

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

Power or Duty

Pursuant to the provisions of section 6.12 of the Local Government Act 1995 the Chief Executive Officer is delegated authority to write off or waive fees and charges, infringements and moneys due to the City that are considered unrecoverable or where circumstances warrant.

Conditions

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

Statutory Framework


Policy

Directors have authority where applicable to individual directorate only.

Adoption and Review





Amendments


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




General

Delegation

Reference DAG01

Subject Power to Accept Tenders

Delegated by

Council

Delegates

CEO

Subdelegates

N/A

Power or Duty

Pursuant to Section 3.57 of the Local Government Act 1995 and Regulations 11 to 24 of the Local Government (Functions and General) Regulations 1996 (‘the Regulations’), Council delegates its authority to the Chief Executive Officer to accept tenders received up to $250,000 (Council Decision 266/13) and up to $500,000 (Council Decision 186/11) where a tender for the supply of products or services is procured through the Western Australian Local Government (WALGA), State of Commonwealth Governments or any of its agencies that provide preferred supplier contracts or agreements. The Chief Executive Officer is also delegated authority to undertake negotiations pursuant to regulation 20 of the Regulations with the person who in his opinion submitted the most advantageous tender, with the purpose of variation in respect of the required works or goods.

Conditions

The Chief Executive Officer is to provide quarterly advice on all tenders accepted over $250,000. Where the goods or services so procured contain options to extend the Contract for a further period(s), the delegated amounts shall be applied per annum to a maximum value not exceeding $750,000 excluding GST.

Statutory Framework

Section 3.57 Local Government Act 1995. Regulations 11-24 Local Government (Functions and General) Regulations 1996

Policy

N/A

Adoption and Review





Amendments


23 August 2011 1. The CEO’s Delegated Authority be increased to $500,000 where a tender for the supply of products or services is procured through the Western Australia Local Government Association (WALGA), State or Commonwealth Governments or any of its agencies that provide preferred supplier contracts or agreements. 2. The CEO is to provide quarterly advice on all tenders accepted over $100,000.


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

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


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




Delegation

Reference DAG02

Subject Contract Price Variations

Delegated by

Council

Delegates

CEO

Subdelegates

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

Power or Duty

Pursuant to the provisions of Section 5.42 of the Local Government Act 1995 and part 4 of the Local Government (Functions and General) Regulations 1996 (‘the Regulations’) the Chief Executive Officer is Delegated Authority to approve price variations for an approved contract subject to sufficient funds being available within the approved expenditure budget for that project or line item.

Conditions

Each delegated officer’s capacity to approve a variation to a contract is limited to 10% of the contract value, or the value of their purchasing authority, whichever is the lesser amount (to a maximum of $50,000).

Statutory Framework

Section 5.42 Local Government Act 1995 Part 4 Local Government (Functions and General Regulations) 1996

Policy

N/A

Adoption and Review


21 December 1999 Council Decision 662/99 11 July 2017 30 June 2018



Amendments


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


13 December 2016 This delegation is amended to clearly identify a delegated officer’s financial capacity to approve a variation to approved contracts.


11 July 2017 The current level of delegation for contract price variations is considered inadequate given the high value of some projects currently underway. The condition limits variations to: "Each delegated officer’s capacity to approve a variance to a contract is limited to 10% of their purchasing authority in accordance to the schedule of purchasing. Price variations are limited to a maximum amount of $10,000 excluding GST or 10% of the contract value, whichever is the greater amount." Council's decision amends the condition to now read: "Each delegated officer’s capacity to approve a variation to a contract is limited to 10% of the contract value, or the value of their purchasing authority, whichever is the lesser amount (to a maximum of $50,000)."




Delegation

Reference DAG03

Subject Liquor Licensing Extended Trading Permits

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Environmental Health Director Planning and Development Services

Power or Duty

Pursuant to the provisions of the Liquor Control Act 1988 the Chief Executive Officer is delegated the authority to approve or provide comment on applications for Extended Trading Permits.

Conditions

The authority does not extend to use of the power to approve or refuse an application which is a first-time request for an Extended Trading Permit.

Statutory Framework

Liquor Control Act 1988

Policy

N/A

Adoption and Review



Amendments

Nil



Delegation

Reference DAG04

Subject Tender Variations

Delegated by

Council

Delegates

CEO

Subdelegates


Power or Duty

Pursuant to the provisions of Section 5.42 of the Local Government Act 1995 and part 4 of the Local Government (Functions and General) Regulations 1996 (‘the Regulations’) the Chief Executive Officer is delegated authority to authorise variations to tender specifications which will alter the price of tender, once the tender advertising period has closed.

Conditions

Each delegated officer’s capacity to approve an original tender and/or variation is set according to the schedule of purchasing limits.

Statutory Framework

Section 5.42 Local Government Act 1995 Part 4 Local Government (Functions and General) Regulations 1996

Policy

N/A

Adoption and Review


17 September 1998 1998 13 December 2016 30 June 2017

Amendments


23 June 2015 Delegation is amended by virtue of some minor wording changes to clarify that the authority is for variations to tender specifications which will alter the price of tender, once the tender advertising period has closed.




Delegation

Reference DAG05

Subject City of Bunbury Art Collection – Purchase and Disposal of Artworks

Delegated by

Council

Delegates

CEO

Subdelegates

N/A

Power or Duty

Pursuant to the provisions of Section 5.42 of the Local Government Act 1995, the Chief Executive Officer is delegated the authority to purchase and dispose of artworks up to the value of the Annual Budgetary Line item allocation (purchases), or $5,000 per item (disposals).

Conditions

Nil

Statutory Framework


Policy

N/A

Adoption and Review


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

Amendments


18 March 2014 Amend to remove the reference to the Art Collection Management Committee.




Health

Delegation

Reference DAH01

Subject Discharge of Powers – Section 26 of the Health Act 1911

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Environmental Health

Power or Duty

In accordance with the powers contained within Section 26 of the Health Act 1911 (as amended), the City of Bunbury hereby appoints its Chief Executive Officer and Manager Environmental Health to be its deputies and in that capacity to exercise and discharge all or any of the powers and functions of the local government as provided for in the Health Act 1911 (as amended) in regard to Part IV Division 4 Sanitary Provisions, Part V Dwellings, Part VI Public Buildings, Part VIIA Animal Produce, Drugs, Medicines, Disinfectants, Therapeutic Substances and Pesticides and Part IX Infectious Diseases. Note: Please read in conjunction with DAH07 Discharge of Powers – Food Act 2008.

Conditions

Nil

Statutory Framework

Section 26 Health Act 1911 in regard to Part IV Division 4 Sanitary Provisions, Part V Dwellings, Part VI Public Buildings, Part VIIA Animal Produce, Drugs, Medicines, Disinfectants, Therapeutic Substances and Pesticides and Part IX Infectious Diseases

Policy

N/A

Adoption and Review





Amendments


23 June 2015 Delegation amended by virtue of some minor wording changes and correct referencing of legislation.




Delegation

Reference DAH02

Subject Treatment of Sewage and Disposal of Effluent and Liquid Waste

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Environmental Health Team Leader Environmental Health Environmental Health Officers

Power or Duty

Pursuant to the provisions of Section 26 of the Health Act 1911, the City of Bunbury hereby appoints and authorises the Chief Executive Officer and Environmental Health Officers to exercise and discharge the powers and functions conferred on local government, for the purpose of regulations 4 and 10(2) of the Health (Treatment of Sewage and disposal of Effluent and Liquid Waste) Regulations 1974.

Conditions

Nil

Statutory Framework

Section 26 Health Act 1911 Regulations 4 and 10 (2) Health (Treatment of Sewage and disposal of Effluent and Liquid Waste) Regulation 1974.

Policy

N/A

Adoption and Review



Amendments

Nil



Delegation

Reference DAH03

Subject Caravan Parks and Camping Grounds

Delegated by

Council

Delegates

CEO

Subdelegates

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

Power or Duty

Pursuant to the provisions of Section 23(11) of the Caravan Parks and Camping Grounds Act 1995, the City of Bunbury hereby authorises its Environmental Health Officers (except the Manager Environmental Health) and Rangers for the purpose of subsection (2). Pursuant to the provision of Section 23(11) of the Caravan Parks and Camping Grounds Act 1995, the City of Bunbury hereby authorises its Chief Executive Officer and Manager Environmental Health for the purpose of subsections (3), (5) and (7).

Conditions

Nil

Statutory Framework

Section 23(11) Caravan Parks and Camping Grounds Act 1995

Policy

N/A

Adoption and Review





Amendments

Nil



Delegation

Reference DAH04

Subject Caravan Parks and Camping Ground Regulations

Delegated by

Council

Delegates

CEO Manager Environmental Health Environmental Health Officers Manager Community Law, Safety and Emergency Management Team Leader Ranger Operations Rangers/Fire Control Officers Team Leader Environmental Health

Subdelegates

N/A

Power or Duty

Pursuant to the provisions of Section 17(1)(a) of the Caravan Parks and Camping Grounds Act 1995 and Caravan Parks and Camping Grounds Regulations 1997, the City of Bunbury hereby appoints its Chief Executive Officer and Environmental Health Officers and Rangers to be authorised for the purposes of the aforementioned Act and Regulations and to carry out the functions conferred on the City of Bunbury by the Regulations.

Conditions

Nil

Statutory Framework

Section 17(1)(a) Caravan Parks and Camping Grounds Act 1995 Caravan Parks and Camping Grounds Regulations 1997

Policy

N/A

Adoption and Review



Amendments

Nil



Delegation

Reference DAH05

Subject Section 39 and Section 40 Certificates

Delegated by

Council

Delegates

CEO

Subdelegates

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

Power or Duty

To satisfy requests made from time to time by the Department of Racing, Gaming and Liquor in their pursuit of the provisions of the Liquor Control Act 1988, Council authorises the Chief Executive Officer to sign: • Certificates of a Local Government (Section 39), and • Certificates of a Local Planning Authority (Section 40). Explanation: Section 39 and Section 40 Certificates document the level of compliance premises have with the Health Act 1911, any written law relating to the sewerage or drainage of those premises, the Local Government Act 1995, the Food Act 2008, the Building Act 2011 and any written laws relating to planning, including the Local Planning Scheme.

Conditions

Nil

Statutory Framework

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

Policy

N/A



Adoption and Review


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

Amendments




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




Delegation

Reference DAH06

Subject Section 55 Certificates

Delegated by

Council

Delegates

CEO

Subdelegates

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

Power or Duty

To satisfy requests made from time to time by the Department of Racing, Gaming and Liquor in their pursuit of the provisions of the Gaming and Wagering Commission Act 1987, Council authorises the Chief Executive Officer to sign Certificates of a Local Government (Section 55 Certificates). Explanation: Section 55 Certificates serve to provide advice that those parts of a premises subject to applications for gaming activities conform with the Health Act 1911, to the relevant Act relating to sewerage and drainage and to any subsidiary legislation made under those Acts or the Local Government Act 1995 and any written laws relating to planning, including the Local Planning Scheme.

Conditions

Nil

Statutory Framework

Section 55 Certificates Gaming and Wagering Commission Act 1987 Health Act 1911 Health (Public Buildings) Regulations 1992 Local Government Act 1995 Building Act 2011 Planning and Development Act 2005 Local Planning Scheme

Policy

N/A

Adoption and Review





Amendments




8 December 2015 This delegation is amended to reflect the correct title of the Department of Racing Gaming and Liquor. The words “any written laws relating to planning, including the Local Planning Scheme” have been included in the explanation note.




Delegation

Reference DAH07

Subject Discharge of Powers (Food Act 2008)

Delegated by

Council

Delegates

CEO Manager Environmental Health

Subdelegates

N/A

Power or Duty

Pursuant to sections 118(2)(b), 118(3) and 118(4) of the Food Act 2008, the City of Bunbury (enforcement agency) delegates authority to: The Chief Executive Officer to: • Appoint authorised officers in accordance with section 122(1) of the Food Act 2008. • Appoint meat inspectors as authorised officers in accordance with section 122(1)(a) of the Food Act 2008. • Issue certificates of authority to authorised officers in accordance with Section 123(1) and 123(2) of the Food Act 2008. • Appoint designated officers to issue infringement notices in accordance with Section 126(2) of the Food Act 2008. • Appoint designated officers to receive payment from infringement notices under Section 126(3)(c) of the Food Act 2008. • Appoint designated officers to extend and revoke ‘infringement notices; in accordance with sections 126(6) and 126 (7) of the Food Act 2008. The Manager Environmental Health Services (Authorised Officer) to: • Issue ‘prohibition notices’ in accordance with Section 65 of the Food Act 2008. • Clear and remove ‘prohibition notices’ in accordance with Section 66 of the Food Act 2008. • Provide written notification not to issue a certificate of clearance in accordance with Section 67 of the Food Act 2008. • Grant, apply conditions, refuse, vary or cancel registration of a food business in accordance with the Sections 110 and 112 of the Food Act 2008.

Conditions

• Meat Inspectors employed with the City of Bunbury as Authorised Officers cannot undertake any enforcement activity under the Food Act 2008 on behalf of the City. • Authorisation to designated officers to ‘extend and revoke’ infringement notices limited to Manager Environmental Health Services and Director Planning, Development and Regulatory Services only.

Statutory Framework

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

Policy



N/A

Adoption and Review



Amendments


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

13 December 2016 This delegation is amended to clearly identify the functions being delegated and to whom. Section 118(4) of the Food Act 2008 states sub delegation is only permissible if expressly provided in regulations and the Food Regulations 2009 do not provide for sub-delegation. This delegation provides the CEO with the authority to appoint authorised and designated officers in accordance with the Food Act 2008.




Delegation

Reference DAH08

Subject Public Health Act 2016 and Criminal Procedure Act 2004

Delegated by

Council

Delegates

CEO

Subdelegates

N/A

Power or Duty

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

Conditions

Nil

Statutory Framework

Statutory Power being delegated: Section 24 Public Health Act 2016 (Designation of authorised officers) and Part 2, 2004 Criminal Procedure Act 2004 (Dealing with alleged offenders without prosecuting them) Statutory Power of Delegation: Section 21 Public Health Act 2016 (Enforcement agency may delegate) and Regulation 15D(5) Health (Asbestos) Regulations 1992 (Infringement Notices)

Policy

N/A

Adoption and Review


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

Amendments

Nil



Operations

Delegation

Reference DAO01

Subject Thoroughfare Submissions

Delegated by

Council

Delegates

CEO

Subdelegates

Director Works and Services Director Planning and Development Services

Power or Duty

Pursuant to sections 5.42 and 3.50(1a) and (4) of the Local Government Act, Council delegates its authority to the Chief Executive Officer who may, after providing public notice of its intention and reasons, inviting submissions and then considering submissions, order a thoroughfare to be wholly or partially closed to vehicles for a period exceeding 4 weeks.

Conditions

Nil

Statutory Framework

Sections 5.42, 3.50(1a) and (4) Local Government Act 1995

Policy

N/A

Adoption and Review


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

Amendments


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




Delegation

Reference DAO02

Subject Purchase and Trade of Fleet Vehicles

Delegated by

Council

Delegates

CEO

Subdelegates

Director Works and Services Manager Governance

Power or Duty

Pursuant to the provisions of Section 5.42 of the Local Government Act 1995 and Part 6 of the Local Government Functions and General Regulations 1996, Council delegates its authority to the Chief Executive Officer to trade existing fleet vehicles and purchase new fleet vehicles from motor vehicle suppliers to ensure the City’s business needs are met for different work areas, based on prices equal to or better than prices listed in the State Governments Contract and Management Services (CAMS) listing for the supply of motor vehicles.

Conditions

Nil

Statutory Framework

Section 5.42 Local Government Act 1995 Part 6 Local Government Functions and General Regulations 1996

Policy

N/A

Adoption and Review



Amendments

Nil



Delegation

Reference DAO03

Subject Sale of Subdivisional Land

Delegated by

Council

Delegates

CEO

Subdelegates

N/A

Power or Duty

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

Conditions

Nil

Statutory Framework

Sections 3.58(1), 5.42 and 5.43 Local Government Act 1995

Policy

N/A

Adoption and Review


4 November 1996 1996 13 December 2016 30 June 2017

Amendments


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




Delegation

Reference DAO04

Subject Conditions of Property Leases

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Governance Manager Major Projects

Power or Duty

Pursuant to the provisions of Section 5.42 and 3.58 of the Local Government Act 1995 the Chief Executive Officer is delegated authority to negotiate the terms and conditions of property leases for referral to Council.

Conditions

Settled terms and conditions to be presented to the Council for endorsement as soon as possible.

Statutory Framework


Policy

N/A

Adoption and Review



Amendments


23 June 2015 This delegation is amended to reflect correct references to legislation. Council Decision 219/15



Delegation

Reference DAO05

Subject Closure of Private Right of Way

Delegated by

Council

Delegates

CEO

Subdelegates

Director Works and Services Director Planning and Development Services

Power or Duty

Pursuant to the provisions of Part 4, section 52 of the Land Administration Act 1997 the Chief Executive Officer is delegated authority in respect of consideration of Applications to Close a Private Right of Way.

Conditions

Nil

Statutory Framework

Part 4, Section 52 Land Administration Act 1997

Policy

N/A

Adoption and Review



Amendments


23 June 2015 Delegation is amended to reflect correct references to legislation. Council Decision 219/15



Delegation

Reference DAO06

Subject Authority to Serve Notices to Owners or Occupiers of Land

Delegated by

Council

Delegates

CEO

Subdelegates

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

Power or Duty

Pursuant to the provisions of sections 5.42 and 3.25(1) of the Local Government Act 1995 the Chief Executive Officer is delegated authority to give an occupier a notice requiring them to do something to land if it is specified in Schedule 3.1. If the occupier is not the owner, the owner must also be informed. The notice may be for such issues as:. • Preventing water from dripping or running from a building • Placing a street number in a prominent place • Ensuring that unsightly land is either enclosed or where it is considered untidy having such materials or rubbish removed • Taking steps for preventing or minimising danger to the public or damage to property, which might arise from cyclone activity. • The granting and imposing of conditions for persons or agencies undertaking works in the street; • Apportion responsibility of the cost of road and footpath reinstatement resulting from works undertaken by other persons or agencies in accordance with section 3.26 of the Local Government Act 1995 and 33c of the Main Roads Act 1930.

Conditions

Nil

Statutory Framework

Sections 5.42, 3.25(1), 3.26 and Schedule 3.1 Local Government Act 1995 Section 33c Main Roads Act 1930

Policy

N/A



Adoption and Review



Amendments


23 June 2015 Existing delegations DAO2 – Apportion Responsibility of Costs From Works in the Street and DACL13 – Issuing of Notices to Owner/Occupiers have been amalgamated into DAO8 – Authority to Serve Notices to Owners or Occupiers of Land.




Delegation

Reference DAO07

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

Delegated by

Council

Delegates

CEO

Subdelegates


Power or Duty

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

Conditions

• • Subject to the value of the asset being no greater than $50,000. This value is hereby established in accordance with Section 5.43(d) of the Local Government Act 1995. • A disposition that is described in Regulation 30 of the Local Government (Functions and General) Regulations 1996 as an exempt disposition is excluded from the application of Section 3.58 of the Act and condition above.

Statutory Framework

Sections 3.58, 5.42, 5.43(d) Local Government Act 1995 Regulation 30 Local Government (Functions and General) Regulations 1996

Policy

N/A

Adoption and Review





Amendments


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


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



Delegation

Reference DAO08

Subject Determine Applications and Apply Conditions to Matters Relating to Road Reserves

Delegated by

Council

Delegates

CEO

Subdelegates

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

Power or Duty

Pursuant to Section 5.42, Schedule 9.1 and Clause 5(1) of the Local Government Act and Regulation 9 of the Local Government (Uniform Local Provisions) Regulation 1996 and the Mains Road Act 1930, Council delegates its authority to the Chief Executive Officer to determine applications and apply conditions to matters connected with road reserves, such as, but not limited to: • Bus Shelters • Footpaths / Disposal of Second Hand Slabs • Temporary Vehicle Crossing Places • Temporary Road Closures • Excavation of Road Pavements • Excavation - Requirement to Fill or Fence • Street Lighting • Obstructions • Gate Across Public Thoroughfare • Notice of Works to Take Place • Signs

Conditions

Nil

Statutory Framework

Section 5.42, Schedule 9.1 Clause 5(1) Local Government Act 1995 Regulation 9, Local Government (Uniform Local Provisions) Regulations 1996 Section 33c Main Roads Act 1930

Policy

N/A



Adoption and Review



Amendments






Delegation

Reference DAO09

Subject Disposal of property (land)

Delegated by

Council

Delegates

CEO

Subdelegates

N/A

Power or Duty

To dispose of property (land)

Conditions

(a) the property (land) is to be valued at $500,000 or less; (b) the final consideration is to be greater than, or within 5% of the formal valuation; and (c) the disposal provisions of section 3.58 of the Local Government Act 1995 will continue to apply.

Statutory Framework

Statutory Power being Delegated: Section 3.58 Local Government Act 1995 (Disposing of property) Statutory Power of Delegation: Sections 5.42 and 5.43(d) Local Government Act 1995 (Delegation of some powers or duties to the CEO, Limitations on delegations to the CEO)

Policy

Council Policy - Land Rationalisation and Acquisitions

Adoption and Review


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

Amendments

Nil



Planning and Development

Delegation

Reference DASP01

Subject Notification on Land Title

Delegated by

Council

Delegates

CEO

Subdelegates

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

Power or Duty

Pursuant to the provisions of the Local Planning Scheme, Schedule 2 - deemed provisions for local planning schemes under the Planning and Development (Local Planning Schemes) Regulations 2015 and the Planning and Development (Local Planning Schemes) Amendment Regulations 2015, the Chief Executive Officer is delegated the authority to cause a notification of proprietors or prospective proprietors of land to be made aware of a factor or factors affecting the use or enjoyment of the land or part of the land in accordance with section 70A of the Transfer of Land Act 1893, in relation to determining applications for planning approval in accordance with the Local Planning Scheme and Local Planning Policies.

Conditions

Nil

Statutory Framework

Section 70A Transfer of Land Act 1893 Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 Planning and Development (Local Planning Schemes) Amendment Regulations 2015 Local Planning Scheme Local Planning Policies

Policy

N/A



Adoption and Review



Amendments


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

8 December 2015 This delegation is amended to include reference to the Local Planning Scheme, as per the Planning and Development (Local Planning Schemes) Regulations 2015.


13 December 2016 This delegation was originally titled “Flood Prone Land” but on review by officers, and pursuant to the provisions of the Schedule 2 Planning and Development Regulations 2015, it has been reworded to clearly identify the function of the local government when determining applications for planning approval, to notify proprietors and prospective proprietors of land under section 70A Transfer of Land Act 1893, of all factors affecting the use or enjoyment of the land, and not just flood prone land.




Delegation

Reference DASP02

Subject Notifications on Land Title (Applications for Built Strata Subdivision)

Delegated by

Council

Delegates

CEO

Subdelegates

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

Power or Duty

Pursuant to the provisions of section 165 of the Planning and Development Act 2005, the Chief Executive Officer is delegated the authority to cause a notification of owners or prospective owners of land to be made aware of hazards or other factors seriously affecting the use or enjoyment of that land, in accordance with section 70A of the Transfer of Land Act 1893, in relation to determining applications for built strata subdivision in accordance with the Planning and Development Act 2005, State Planning Policies, Local Planning Scheme and Local Planning Policies.

Conditions

Nil

Statutory Framework

Section 165 Planning and Development Act 2005 Section 70A Transfer of Land Act 1893 Schedule 2 Planning and Development (Local Planning Schemes) Regulations 2015 Planning and Development (Local Planning Schemes) Amendment Regulations 2015 Local Planning Scheme Local Planning Policies

Policy

N/A

Adoption and Review


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

Amendments

Nil



Delegation

Reference DASP03

Subject Development Applications

Delegated by

Council

Delegates

CEO

Subdelegates

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

Power or Duty

1. Interpret and apply the provisions of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, City of Bunbury Local Planning Scheme, any applicable local planning policy, study or strategy; and 2. Determine:

applications for development approval with and without conditions, pursuant to clause 68 (2)(a) and (b), Schedule 2, Planning and Development (Local Planning Schemes) Regulations 2015; or

amendments to or cancellation of development approvals with or without conditions, in respect of applications determined under delegated authority, pursuant to clause 77(4)(a) and (b), Schedule 2, Planning and Development (Local Planning Schemes) Regulations 2015.

Conditions

1. Where a specific development approval on the property has previously been subject to consideration and determination by Council, all subsequent applications involving any key elements of the original proposal shall be presented to Council for determination. 2 Any authority granted by this delegation is not to be exercised where an applicant specifically requests (in writing) that their application by determined by Council.

Statutory Framework

Statutory Power being delegated: Clause 68(2)(a) and (b) and clause 77(4)(a) and (b), Schedule 2, Planning and Development (Local Planning Schemes) Regulations 2015 Statutory Power of Delegation: Clause 82, Schedule 2, Planning and Development (Local planning Schemes) Regulations 2015 Statutory Power to Sub-Delegate: Clause 83, Schedule 2, Planning and Development (Local Planning Schemes) Regulations 2015

Policy

N/A



Adoption and Review


7 July 1998 Council Decision 26/98 5 September 2017 30 June 2018

Amendments


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

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

8 December 2015 This delegation has been reworded to accurately reflect the intention of the power and duty, and also includes updated legislation reference as per the Planning and Development (Local Planning Schemes) Regulations 2015.


5 September 2017 Amendment of delegation to allow for officers, in respect of granted development approval, to determine applications to:

which any development approved must be substantially commenced; t;

would not substantially change the development approved;

subject to the conditions outlined.




Delegation

Reference DASP04

Subject Local Planning Scheme and Local Planning Policy Compliance

Delegated by

Council

Delegates

CEO

Subdelegates

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

Power or Duty

Pursuant to the provisions of section 5.42 (1)(b) of the Local Government Act 1995 and the Local Planning Scheme, the Chief Executive Officer is delegated the authority to initiate action in accordance with section 214 (2), (3) or (5) of the Planning and Development Act 2005 to ensure compliance. Pursuant to the provisions of section 82, Part 10 of the Planning and Development (Local Planning Schemes) Regulations 2015, the Chief Executive Officer is delegated authority to initiate action in accordance with section 13, Part 3, and section 80, Part 10 of the Planning and Development (Local Planning Schemes) Regulations 2015 to ensure compliance.

Conditions

Nil

Statutory Framework

Local Planning Scheme Section 5.42 (1)(b) Local Government Act 1995 Section 214 (2), (3) or (5) Planning and Development Act 2005 Sections 80 and 82 Part 10, Section 13 Part 3 Planning and Development (Local Planning Schemes) Regulations 2015 Local Planning Policies

Policy

N/A

Adoption and Review





Amendments


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


8 December 2015 This delegation was originally titled Town Planning Scheme No. 7 and Local Planning Policy Compliance. The delegation title and power and duty are amended to reflect the correct legislation reference as per the Planning and Development (Local Planning Schemes) Regulations 2015, the Local Government Act 1995 and the Planning and Development Act 2005.




Delegation

Reference DASP05

Subject Residential Design Codes

Delegated by

Council

Delegates

CEO

Subdelegates

Manager Sustainability, Planning and Development Team Leader Development Assessment and Compliance Senior Planning Officer Planning Officer(s) Building Surveyor Team Leader Building Certification Director Planning and Development Services

Power or Duty

Pursuant to the provisions of the Local Planning Scheme and the provisions of State Planning Policy 3.1 Residential Design Codes (as amended), the Chief Executive Officer is delegated the authority to determine applications relating to and including additions to single houses, multiple dwellings, ancillary dwellings and group dwellings which may include determination of setback variations.

Conditions

Nil

Statutory Framework

Local Planning Scheme State Planning Policy 3.1 Residential Design Codes 2010 Local Planning Policies Planning and Development (Local Planning Schemes) Regulations 2015 Planning and Development Act 2005

Policy

N/A

Adoption and Review





Amendments


8 July 2014 Amend the wording within Power/Duty to reference current legislation, namely Residential Design Codes 2010.


23 June 2015 This existing delegation (Residential Setback Variations) is combined with DASP7 – Residential Design Codes 2010, to include determination of applications relating to single houses, multiple dwellings, ancillary dwellings and group dwellings which may include determination of setback variations, pursuant to Town Planning Scheme No. 7, Residential Design Codes 2010 and relevant Local Planning Policies.


8 December 2015 This delegation is amended to reflect the correct legislation reference as per the Planning and Development (Local Planning Schemes) Regulations 2015.




Delegation

Reference DASP06

Subject Reserve Administration

Delegated by

Council

Delegates

CEO

Subdelegates

Director Works and Services Manager Engineering and Civil Operations

Power or Duty

Pursuant to the provisions of clause 11.3 City of Bunbury Town Planning Scheme No. 7, Land Administration Act 1997 and Land Administration Regulations 1998, the Chief Executive Officer is delegated authority to approve any reserve administration matters which do not expressly require a resolution of Council including such matters as closures of pedestrian access ways, public right of ways, private right of ways, leasing of reserves, modifications to reserve areas and accepting or surrendering management orders.

Conditions

Nil

Statutory Framework

Clause 11.3 City of Bunbury Town Planning Scheme No. 7 Section 58, Land Administration Act 1997 Land Administration Regulations 1998

Policy

N/A

Adoption and Review



Amendments


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




Delegation

Reference DASP07

Subject Planning and Development Act 2005 - Enforcement and Legal Proceedings

Delegated by

Council

Delegates

CEO

Subdelegates

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

Power or Duty

Pursuant to the provisions of section 234 of the Planning and Development Act 2005, the City of Bunbury hereby authorises its Compliance Officer for the purposes of section 228 – to give an infringement notice to an alleged offender, where the officer has reason to believe a person has committed a prescribed offence as listed in section 42, Part 5 of the Planning and Development Regulations 2009. Pursuant to the provisions of section 234 of the Planning and Development Act 2005, the City of Bunbury hereby authorises its Chief Executive Officer, Manager Sustainability Planning and Development and Team Leader Development Assessment and Compliance for the purposes of sections 229, 230 or 231 or for the purposes of 2 or more of those sections.

Conditions

Nil

Statutory Framework

Sections 228, 229, 230, 231 and 234 Planning and Development Act 2005 Section 42, Part 5 Planning and Development Regulations 2009

Policy

N/A

Adoption and Review





Amendments


23 June 2015 Delegation is amended to reflect correct referencing of legislation. Council Decision 219/15

8 December 2015 The original delegation is a duplication of DASP03 Local Planning Scheme and Local Planning Policy Compliance and the proposed delegation provides authorisation to issue infringements where there is reason to believe that a person has committed a prescribed offence in accordance with sections 214, 218, 220 and 221 of the Planning and Development Act 2005. The power and duty also includes authorised officers the authority to extend the time to pay the penalty and withdraw the infringement notice.




Statutory Delegations to Local Government from External Agencies

Delegation

Reference DASD01

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

Delegated by

Western Australian Planning Commission

Delegates

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

Subdelegates

N/A

Power or Duty

Published by: Planning GOVERNMENT GAZETTE Western Australia -------------------------------------------------------------------------------- No. 65. 09-May-2014 Page: 1420 PL406 PLANNING AND DEVELOPMENT ACT 2005 Instrument of Delegation DELEGATION POWERS OF LOCAL GOVERNMENTS (GBRS) DEL 2014/01 Delegation to local governments of certain powers and functions of the Western Australian Planning Commission relating to the Greater Bunbury Region Scheme Preamble Unless exempted by clause 25 and 26, under clause 24 of the Greater Bunbury Region Scheme (GBRS), on reserved land, a person must not commence or carry out development unless that person has planning approval. Development on zoned land requires planning approval if it is of a kind or class set out in a resolution of the Western Australian Planning Commission (WAPC) under clause 27 of the GBRS. Parts 7 and 8 of the GBRS sets out the requirements, procedures and functions of the WAPC in relation to the determination of applications for planning approval. Under section 16 of the Planning and Development Act 2005 (the Act) the Western Australian Planning Commission (the WAPC) may, by resolution published in the Government Gazette, delegate any function to a local government, a committee established under the Local Government Act 1995 or an employee of a local government. In accordance with section 16(4) of the Act, a reference in this instrument to a function or a power of the WAPC



includes and extends to, without limitation or restriction, any of the powers, privileges, authorities, discretions, duties and responsibilities vested in or conferred upon the WAPC by the Act or any other written law as the case requires. Resolution under section 16 of the Act (delegation) On 22 April 2014, pursuant to section 16 of the Act, the WAPC RESOLVED-- A TO DELEGATE to local governments, and to members and officers of those local governments, its functions in respect of the determination, in accordance with Parts 7 and 8 of the Greater Bunbury Region Scheme, of applications for approval to commence and carry out development as specified in schedules 1 and 2, within their respective districts, subject to the terms set out in schedule 3; B TO REVOKE its delegation of powers and functions to local governments as detailed in a notice published in the Government Gazette of 20 April 2012 (pages 1717--1722). TIM HILLYARD, Secretary, Western Australian Planning Commission. -------- PLANNING AND DEVELOPMENT ACT 2005 Instrument of Delegation SCHEDULE 1--Development on reserved land delegated to local governments 1. Development on land in a regional road reservation where the local government accepts the recommendation and any advice of the advice agency. 2. Development of private jetties and associated facilities located in an artificial waterway in the waterways reservation. 3. Development on reserved land, which requires planning approval under the GBRS and which is-- (a) Ancillary and incidental development that does not conflict with the purposes of the reservation; and (b) Development where the local government accepts the recommendation and any advice of the public authority responsible for that reserved land. 4. Any extension and/or change to a non-conforming use which requires planning approval under the GBRS and which is one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Department of Planning. (b) Development for which the local government decides to refuse. SCHEDULE 2--Development on zoned land delegated to local governments Applications for development on zoned land, excluding public works undertaken by public authorities-- 1. On land abutting regional open space reservations, development which requires planning approval under the GBRS and which is one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Department of Planning.



(b) Development for which the local government decides to refuse approval under the GBRS. 2. On land abutting a primary regional roads reservation, development which requires planning approval under the GBRS and which is of one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of Main Roads Western Australia. (b) Development for which the local government decides to refuse approval under the GBRS. 3. On land abutting an other regional roads reservation, development which requires planning approval under the GBRS and which is of one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Department of Planning. (b) Development which-- i. complies with an approved access policy pertaining to other regional roads reservations submitted by the local government and endorsed by the WAPC, and ii. is approved subject to conditions requiring compliance with that policy. (c) Development for which the local government decides to refuse approval under the GBRS. 4. On land abutting a port installations, public purposes, railways, state forests or waterways reservation, development of one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the public authority responsible for that reserved land. (b) Development for which the local government decides to refuse approval under the GBRS. 5. On land in the water catchments special control area (SCA No. 1), development which requires planning approval under the GBRS and which is of one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Department of Water and/or the Water Corporation, as the case may be. (b) Development for which the local government decides to refuse approval under the GBRS. 6. On land in the Kemerton industrial zone buffer special control area (SCA No. 2), development which requires planning approval under the GBRS and which is one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Department of State Development and the Environmental Protection Authority. (b) Development for which the local government decides to refuse under approval under the GBRS. 7. On land in the Glen Iris service corridor buffer special control area (SCA No. 3) development which requires planning approval under the GBRS and which is one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Bunbury Port Authority, Department of State Development and the Environmental Protection Authority. (b) Development for which the local government decides to refuse approval under the GBRS.



8. On land in the Wastewater Treatment Plant Odour Buffer special control area (SCA No. 4) development which requires planning approval under the GBRS and which is one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Water Corporation. (b) Development for which the local government decides to refuse approval under the GBRS. 9. Development of one or more of the following kinds which is on land in, adjacent to or in close proximity to the strategic agricultural resource policy area and which requires planning approval under the GBRS-- (a) Development where the local government accepts the recommendation and any advice of the Department of Agriculture and Food. (b) Development for which the local government decides to refuse approval under the GBRS. 10. Development of one or more of the following kinds which is on land in, adjacent to or in close proximity to the strategic minerals and basic raw materials resource policy area and which requires planning approval under the GBRS-- (a) Development where the local government accepts the recommendation and any advice of the Department of Mines and Petroleum. (b) Development for which the local government decides to refuse approval under the GBRS. 11. Development of one or more of the following kinds which is on land partly or wholly within the land subject to the floodplain management policy area and which requires planning approval under the GBRS-- (a) Development where the local government accepts the recommendation and any advice of the Department of Water; (b) Development for which the local government decides to refuse approval under the GBRS. 12. Development in an activity centre which is for shop-retail purposes and which requires planning approval under the GBRS and which is for one or more of the following kinds-- (a) Development generally in accordance with a WAPC endorsed activity centres structure plan; (b) Development for which the local government decides to refuse approval under the GBRS. 13. Development in the rural zone, other than for an animal husbandry-intensive, which requires planning approval under the GBRS and for which the local government decides to refuse approval under the GBRS. 14. Development for an animal husbandry-intensive premises, or for any extension or addition in excess of 100 m2 to the improvements of an existing animal husbandry-intensive premises and which is one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Department of Planning, Department of Agriculture and Food, Department of Health, Department of Environmental Regulation, Department of Parks and Wildlife and/or Environmental Protection Authority. (b) Development for which the local government decides to refuse approval under the GBRS. 15. Any extension and/or change to a non-conforming use which requires planning approval under the GBRS and which is one or more of the following kinds-- (a) Development where the local government accepts the recommendation and any advice of the Department of



Planning. (b) Development for which the local government decides to refuse. SCHEDULE 3--Terms of delegations to determine development on reserved and zoned land 1. Under clause 36 of the GBRS, an application for planning approval is to be submitted to the local government, which, if the application is to be determined by the WAPC, shall forward it to the WAPC in seven days and make recommendations to the WAPC within 42 days, or such longer period as the WAPC allows. 2. An application for development on reserved land, excluding regional open space, shall be referred within seven days to the public authority responsible for that reserved land for advice and recommendation before being considered by the local government. 3. An application for development on or abutting regional open space reservations, shall be referred within seven days to the Department of Planning for advice and recommendation before being considered by the local government. 4. An application for development in or abutting a primary regional roads reservation shall be referred within seven days to Main Roads Western Australia for advice and recommendation before being considered by the local government. 5. An application for development in or abutting an other regional roads reservation shall be referred within seven days to the Department of Planning for advice and recommendation before being considered by the local government. 6. An application for development abutting a port installations, public purposes, railways, state forests or waterways reservation shall be referred within seven days to the public authority responsible for that reserved land for advice and recommendation before being considered by the local government. 7. An application for development within the water catchments special control area (SCA No. 1) shall be referred within seven days to the Department of Water and/or the Water Corporation for advice and recommendation before being considered by the local government. 8. An application for development in the Kemerton industrial zone buffer special control area (SCA No. 2) shall be referred within seven days to the Department of State Development and the Environmental Protection Authority for advice and recommendation before being considered by the local government. 9. An application for development in the Glen Iris service corridor buffer special control area (SCA No. 3) shall be referred within seven days to the Bunbury Port Authority, Department of State Development and the Environmental Protection Authority for advice and recommendation before being considered by the local government. 10. An application for development in the Wastewater Treatment Plant Odour Buffer special control area (SCA No. 4) shall be referred within seven days to the Water Corporation for advice and recommendation before being considered by the local government. 11. An application for development within, adjacent to or in close proximity to the strategic agricultural resource policy area shall be referred within seven days to the Department of Agriculture and Food for advice and recommendation before being considered by the local government. 12. An application for development in, adjacent to or in close proximity to the strategic minerals and basic raw materials resource policy area shall be referred within seven days to the Department of Mines and Petroleum for advice and recommendation before being considered by the local government. 13. An application for development partly or wholly within the floodplain management policy area shall be referred within seven days to the Department of Water for advice and recommendation before being considered by the local government.



14. An application for an animal husbandry-intensive premises shall be referred to the Department of Planning, Department of Agriculture and Food, Department of Health, Department of Environmental Regulation, Department of Parks and Wildlife and/or the Environmental Protection Authority for advice and recommendation before being considered by the local government. 15. An application for any extension and/or change to a non-conforming use shall be referred within seven days to the Department of Planning for advice and recommendation before being considered by the local government. 16. Where an application is referred to an advice agency for advice and recommendation the agency is to be advised that if no advice or recommendation has been received within thirty days of receipt of the application by the advice agency the application may be determined on the available information; and the WAPC, or delegate of, or a local government acting under delegated power, may determine the application on that basis. 17. Following referral for advice and recommendation, an application which is to be determined by the WAPC shall be forwarded as soon as practicable to the WAPC with the advice and recommendations provided by all the advice agencies consulted together with the advice and recommendation of the local government. 18. Where the recommendation provided by an advice agency specified above is not acceptable to the local government, the application, together with the recommendations provided by all advice agencies consulted and the reasons why the recommendation is not acceptable to the local government, shall be forwarded immediately to the WAPC for determination. 19. Each local government shall report to the WAPC, in the form and manner required by the WAPC, all decisions made under this instrument of delegation. 20. The powers delegated to members and officers of a local government may only be exercised by a member or officer who has been delegated power from the local government to consider and determine applications for approval to commence and carry out development in the local government district under the local planning scheme. SCHEDULE 4--Definitions In this instrument of delegation, words have the meanings given to them in the Act and the GBRS. Unless the context otherwise requires-- 'Abutting' reserved land means the zoned land shares a common boundary with reserved land. 'Access' means entry or exit (or both) from either a road or abutting development by a vehicle. 'Activity centre' means the category of activity centres set out in Table 2 of the Activity Centres for Greater Bunbury Policy, namely-- • City Centre • District Centres • Neighbourhood centres • Special Centres • Town Centres 'Advice agency' means a department, public authority or body which is requested to provide advice and recommendations on applications for planning approval under the GBRS as an agency responsible for reserved land or to which local governments refer applications under the terms of schedule 3. ‘Forward to the WAPC’ and similar expressions mean convey by mail, by hand or electronically to the Bunbury office of



the Department of Planning. ‘Net lettable area’ means the area of all floors within the internal finished surfaces of permanent walls but excludes the following areas— (a) all stairs, toilets, cleaner’s cupboards, lift shafts and motor rooms, tea rooms and plant rooms and other service areas; (b) lobbies between lifts facing other lifts servicing the same floor (c) areas set aside for the provision of facilities or services to the floor or building; (d) areas set aside for the provision of facilities or services to the floor or building where such facilities are not for the exclusive use of occupiers of the floor or building. ‘Non-conforming use’ has the same meaning as it has in the Planning and Development Act 2005 section 172. ‘Not acceptable’ means that the local government wishes the application to be determined in a manner that is inconsistent with the advice and/or recommendation received from the advice agency which the local government was required to consult. ‘Planning approval’ and ‘planning approval under the GBRS’ mean the planning approval of the WAPC as required under the GBRS and by resolution of the WAPC under clause 27 of the GBRS, whether granted by the WAPC or by delegates of the WAPC including committees, officers, local governments and members and officers of local governments. ‘Proximity’ and ‘in close proximity’ mean that the development is, in the opinion of the WAPC or local government, sufficiently close to a policy area for the effects of activities in the policy area (such as noise, odour, spray drift or dust) to be likely to have an adverse effect on the proposed use, and/or for the effects of the development to be likely to have an adverse effect on uses in the policy area. ‘Shop-retail’ means the land use activities included in “Planning land use category 5: Shop/Retail” as defined by the Commission’s South West Land Use and Employment Survey (as amended from time-to-time). -------------------------------------------------------------------------------- Government of Western Australia State Law Publisher. All contents Copyright (C) 2003. All rights reserved. Disclaimer

Conditions

Nil

Statutory Framework

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

Policy

N/A

Adoption and Review


22 April 2014 WAPC Resolution 22 April 2014 - published 09/05/2014

13 December 2016 30 June 2017



Amendments

Nil



Delegation

Reference DASD02

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

Delegated by

Western Australian Planning Commission

Delegates

Council CEO Manager Sustainability, Planning and Development Team Leader Development Assessment and Compliance Senior Planning Officer Planning Officer(s) Team Leader Building Certification Building Surveyor Director Planning and Development Services

Subdelegates

N/A

Power or Duty

Published by: Planning and Infrastructure GOVERNMENT GAZETTE Western Australia -------------------------------------------------------------------------------- No. 98. 09-Jun-2009 Page: 1936 PI409 PLANNING AND DEVELOPMENT ACT 2005 Instrument of Delegation Del 2009/03 Powers of Local Governments Delegation to local governments of certain powers and functions of the Western Australian Planning Commission relating to the issuing of certificates of approval under section 25 of the Strata Titles Act 1985 Preamble Under section 16 of the Planning and Development Act 2005 (the Act) the Western Australian Planning Commission (the WAPC) may, by resolution published in the Government Gazette, delegate any function under the Act or any other written law to a local government, a committee established under the Local Government Act 1995 or an employee of a local government. In accordance with section 16(4) of the Act, a reference in this instrument to a function or a power of the WAPC includes and extends to, without limitation or restriction, any of the powers, privileges, authorities, discretions, duties and responsibilities vested in or imposed on the WAPC by the Act or any other written law as the case requires. Resolution under section 16 of the Act (delegation) On 26 May 2009, pursuant to section 16 of the Act, the WAPC RESOLVED— A TO DELEGATE to local governments, and to members and officers of those local governments, its powers and functions under section 25 of the Strata Titles Act 1985 as set out in clause 1 of Schedule, within their respective



districts, subject to the conditions set out in clause 2 of Schedule 1. TONY EVANS, Western Australian Planning Commission. SCHEDULE 1 1. Applications made under section 25 of the Strata Titles Act 1985 Power to determine applications for the issuing of a certificate of approval under section 25 of the Strata Titles Act 1985 for a plan of subdivision, re-subdivision or consolidation, except those applications that— (a) propose the creation of a vacant lot; (b) propose vacant air stratas in multi-tiered strata scheme developments; (c) in the opinion of the WAPC as notified to the relevant local government in writing, or in the opinion of the relevant local government as notified to the WAPC in writing, relate to— (i) a type of development; and/or (ii) land within an area, which is of state or regional significance, or in respect of which the WAPC has determined is otherwise in the public interest for the WAPC to determine the application. 2. Reporting requirements A local government that exercises the power referred to in clause 1 is to provide WAPC with data on all applications determined under this Instrument of Delegation at the conclusion of each financial year in the format prescribed by the WAPC. ——————————— -------------------------------------------------------------------------------- Government of Western Australia State Law Publisher. All contents Copyright (C) 2003. All rights reserved. Disclaimer

Conditions

Nil

Statutory Framework

Section 16 Planning and Development Act 2005 Section 25 Strata Titles Act 1995 Local Planning Scheme Local Planning Policies

Policy

N/A



Adoption and Review


26 May 2009 Resolution of WAPC 26/05/2009 - published 09/06/2009


Amendments

Nil



Delegation

Reference DASD03

Subject Noise Control (Serve Environmental Protection Notices (s65(1)))

Delegated by

Department Environment Regulation

Delegates

CEO

Subdelegates


Power or Duty

Published by: Environment GOVERNMENT GAZETTE Western Australia -------------------------------------------------------------------------------- No. 47. 19-Mar-2004 Page: 919 EV401 ENVIRONMENTAL PROTECTION ACT 1986 Section 20 Delegation No. 52 Pursuant to section 20 of the Environmental Protection Act 1986, the Chief Executive Officer hereby delegates as follows— Powers and duties delegated— All the powers and duties of the Chief Executive Officer, where any noise is being or is likely to be emitted from any premises not being premises licensed under the Act, to serve an environmental protection notice under section 65(1) in respect of those premises, and where an environmental protection notice is so served in such a case, all the powers and duties of the Chief Executive Officer under Part V of the Act in respect of that environmental protection notice. Persons to whom delegation made— This delegation is made to any person for the time being holding or acting in the office of Chief Executive Officer under the Local Government Act 1995. Pursuant to section 59(1)(e) of the Interpretations Act 1984, Delegation No. 32, dated 4 February 2000 is hereby revoked. Dated this 9th day of January 2004. Approved— FERDINAND TROMP, A/Chief Executive Officer. Dr JUDY EDWARDS MLA, Minister for the Environment. -------------------------------------------------------------------------------- Government of Western Australia



State Law Publisher. All contents Copyright (C) 2003. All rights reserved. Disclaimer

Conditions

N/A

Statutory Framework

Section 20 Environmental Protection Act 1986

Policy

N/A

Adoption and Review


9 January 2004 Approved by A/Chief Executive Officer of Department of Environment Regulation and Minister for the Environment - published 19/03/2004


Amendments

Nil



Delegation

Reference DASD04

Subject Noise Control (Keeping Of Log Books, Noise Control Notices, Calibration And Approval Of NonComplying Events)

Delegated by


Delegates

CEO

Subdelegates


Power or Duty

Published by: Environment GOVERNMENT GAZETTE Western Australia -------------------------------------------------------------------------------- No. 232. 20-Dec-2013 Page: 6282 EV402 ENVIRONMENTAL PROTECTION ACT 1986 Delegation No. 112 I, Jason Banks, in my capacity as Acting Chief Executive Officer of the Department of Environment Regulation responsible for the administration of the Environmental Protection Act 1986 (“the Act”), and pursuant to section 20 of the Act, hereby delegate to any person for the time being holding or acting in the office of a Chief Executive Officer under the Local Government Act 1995, my powers and duties under the Environmental Protection (Noise) Regulations 1997, other than this power of delegation, in relation to-- (a) waste collection and other works--noise management plans relating to specified works under regulation 14A or 14B; (b) bellringing or amplified calls to worship--the keeping of a log of bellringing or amplified calls to worship requested under regulation 15(3)(c)(vi); (c) community activities--noise control notices in respect of community noise under regulation 16; (d) motor sport venues--noise management plans in relation to motor sport venues under Part 2 Division 3; (e) shooting venues--noise management plans in relation to shooting venues under Part 2 Division 4; (f) calibration results--requesting, under regulation 23(b), details of calibration results undertaken and obtained under Schedule 4; (g) sporting, cultural and entertainment events--approval of events or venues for sporting, cultural and entertainment purposes under Part 2 Division 7, subject to the following limitation-- (i) Subregulation 18(13)(b) is not delegated.



Under section 59(1)(e) of the Interpretation Act 1984, Delegation No. 68, gazetted 22 June 2007 is hereby revoked. Dated the 12th day of December 2013. JASON BANKS, Acting Chief Executive Officer. Approved by-- JOHN DAY, Acting Minister for Environment; Heritage. -------------------------------------------------------------------------------- Government of Western Australia State Law Publisher. All contents Copyright (C) 2003. All rights reserved. Disclaimer

Conditions

Nil

Statutory Framework

Section 20 Environmental Protection Act 1986 Environmental Protection (Noise) Regulations 1997

Policy

N/A

Adoption and Review


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


Amendments

Nil



Delegation

Reference DASD05

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

Delegated by


Delegates

CEO Manager Environmental Health Environmental Health Officers Team Leader Environmental Health

Subdelegates

N/A

Power or Duty

Published by: Environment GOVERNMENT GAZETTE Western Australia -------------------------------------------------------------------------------- No. 71. 16-May-2014 Page: 1548 EV405 ENVIRONMENTAL PROTECTION ACT 1986 Delegation No. 119 I, Jason Banks, in my capacity as the Acting Chief Executive Officer of the Department responsible for the administration of the Environmental Protection Act 1986 (“the Act”), and pursuant to section 20 of the Act, hereby delegate to the holder for the time being of the offices of-- (a) Chief Executive Officer under the Local Government Act 1995; and (b) to any employee of the local government under the Local Government Act 1995 who is appointed as an Authorised Person under section 87 of the Act, all my powers and duties in relation to noise management plans under regulation 13 of the Environmental Protection (Noise) Regulations 1997, other than this power of delegation. Under section 59(1)(e) of the Interpretation Act 1984, Delegation No. 111, gazetted 20 December 2013, is hereby revoked. Dated the 1st day of May 2014. JASON BANKS, Acting Chief Executive Officer. -------- Approved by-- Hon ALBERT JACOBS JP MLA, Minister for Environment: Heritage. ---------------------- Government of Western Australia State Law Publisher. All contents Copyright (C) 2003.



All rights reserved. Disclaimer

Conditions

Nil

Statutory Framework

Section 20 Environmental Protection Act 1986 Environmental Protection (Noise) Regulations 1997

Policy

N/A

Adoption and Review


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


Amendments

Nil



Amended, Revoked and Archived Delegations of Authority

Reference Delegation Date Amendment References

DAB03 Deposit Material on a Public Place

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


DAB03 Deposit Material on a Public Place

23 June 2015 Delegation amended to include specific details of the authority to exercise discretion when determining applications for depositing material on any public place. This also included a title change from Deposit Material on Street(s) to Deposit Material on a Public Place to correctly reflect the intent of the delegation.


DAC01 Withers Advisory Committee

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

371/16

DACL03 Appoint Authorised Persons

23 June 2015 Delegation amended to reflect correct references to legislation.


DACL03 Appoint Authorised Persons

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


DACL04 Closure of Streets for Parties or Events






DACL05 Bush Fires Act 23 June 2015 Delegation amended to correctly reference the granting of authority to perform the functions of a local government under the Bush Fires Act 1954.


DACL05 Bush Fires Act 13 December 2016 This delegation is amended to apply conditions as prescribed in the Bush Fires Act 1954.


DACL06 Cancellation of Infringement Notices




13 December 2016 The proclaimed Local Government Legislation Amendment Bill 2016 legislation requires the CEO of the local government to withdraw the notice or extend the time for payment in relation to infringements. Previously authorised officers were able to provide these functions, providing for effective management of service delivery to the community. This amendment enables the CEO to exercise his powers and duties under the Act.



13 December 2016 This delegation is amended to apply an additional condition as prescribed in the Bush Fires Act 1954, and change the word “authorised” to “delegated” to ensure consistency.


DACL09 Legal Proceedings 23 June 2015 Delegation has been amended to reflect correct references to legislation.





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


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


DAFM01 Payments from Municipal and Trust Funds

23 June 2015 This delegation is a combination of two existing delegations (DAFM2 – Payments from Municipal and Trust Funds and DAFM5 – Payment of Accounts by Electronic Funds Transfer).


DAFM02 Release of Bank Guarantees

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


DAFM03 Investment of Council Funds

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


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





DAG01 Power to Accept Tenders

23 August 2011 1. The CEO’s Delegated Authority be increased to $500,000 where a tender for the supply of products or services is procured through the Western Australia Local Government Association (WALGA), State or Commonwealth Governments or any of its agencies that provide preferred supplier contracts or agreements. 2. The CEO is to provide quarterly advice on all tenders accepted over $100,000.



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



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



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


DAG02 Contract Price Variations

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


DAG02 Gaming Permits 23 June 2015 Delegation amended by virtue of some minor wording changes and correct referencing of legislation.





DAG02 Gaming Permits 13 December 2016 The authority to determine applications for gaming permits is already delegated by DAH06 – Section 55 Certificates. A separate delegation is not required in this instance.



13 December 2016 This delegation is amended to clearly identify a delegated officer’s financial capacity to approve a variation to approved contracts.



11 July 2017 The current level of delegation for contract price variations is considered inadequate given the high value of some projects currently underway. The condition limits variations to: "Each delegated officer’s capacity to approve a variance to a contract is limited to 10% of their purchasing authority in accordance to the schedule of purchasing. Price variations are limited to a maximum amount of $10,000 excluding GST or 10% of the contract value, whichever is the greater amount." Council's decision amends the condition to now read: "Each delegated officer’s capacity to approve a variation to a contract is limited to 10% of the contract value, or the value of their purchasing authority, whichever is the lesser amount (to a maximum of $50,000)."





DAG04 Tender Variations 23 June 2015 Delegation is amended by virtue of some minor wording changes to clarify that the authority is for variations to tender specifications which will alter the price of tender, once the tender advertising period has closed.


DAG05 City of Bunbury Art Collection – Purchase and Disposal of Artworks

18 March 2014 Amend to remove the reference to the Art Collection Management Committee.


DAG07 Power of Entry 13 December 2016 In accordance with the Local Government Act 1995, power of entry may be provided to authorised employees to perform any function that a local government has under the Act if entry is required for the performance of the function or in any other case in which entry is authorised by the Act other than by a local law. As the CEO has the delegated authority to appoint authorised officers, a delegation is not required in this instance.


DAH01 Discharge of Powers – Section 26 of the Health Act 1911



DAH05 Section 39 and Section 40 Certificates






DAH05 Section 39 and Section 40 Certificates

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


DAH06 Section 55 Certificates 23 June 2015 Delegation amended by virtue of some minor wording changes and correct referencing of legislation.


DAH06 Section 55 Certificates 8 December 2015 This delegation is amended to reflect the correct title of the Department of Racing Gaming and Liquor. The words “any written laws relating to planning, including the Local Planning Scheme” have been included in the explanation note.


DAH07 Discharge of Powers (Food Act 2008)

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


DAH07 Discharge of Powers (Food Act 2008)

13 December 2016 This delegation is amended to clearly identify the functions being delegated and to whom. Section 118(4) of the Food Act 2008 states sub delegation is only permissible if expressly provided in regulations and the Food Regulations 2009 do not provide for sub-delegation. This delegation provides the CEO with the authority to appoint authorised and designated officers in accordance with the Food Act 2008.


DAO01 Thoroughfare Submissions

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





DAO03 Sale of Subdivisional Land

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


DAO04 Conditions of Property Leases

23 June 2015 This delegation is amended to reflect correct references to legislation.


DAO05 Closure of Private Right of Way

23 June 2015 Delegation is amended to reflect correct references to legislation.


DAO06 Authority to Serve Notices to Owners or Occupiers of Land

23 June 2015 Existing delegations DAO2 – Apportion Responsibility of Costs From Works in the Street and DACL13 – Issuing of Notices to Owner/Occupiers have been amalgamated into DAO8 – Authority to Serve Notices to Owners or Occupiers of Land.


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

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


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

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


DAO08 Determine Applications and Apply Conditions to Matters Relating to Road Reserves



DAO08 Works Undertaken in Streets

13 December 2016 This delegation provides the same function as Delegation “DAO09 – Determine applications and apply conditions to matters relating to road reserves”. Works and Services Officers have reviewed the delegation and advise it is a duplication and not required.





DASP01 Notification on Land Title

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



8 December 2015 This delegation is amended to include reference to the Local Planning Scheme, as per the Planning and Development (Local Planning Schemes) Regulations 2015.



13 December 2016 This delegation was originally titled “Flood Prone Land” but on review by officers, and pursuant to the provisions of the Schedule 2 Planning and Development Regulations 2015, it has been reworded to clearly identify the function of the local government when determining applications for planning approval, to notify proprietors and prospective proprietors of land under section 70A Transfer of Land Act 1893, of all factors affecting the use or enjoyment of the land, and not just flood prone land.


DASP03 Development Applications

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



23 June 2015 Delegation is amended to correct scheme text referencing.



8 December 2015 This delegation has been reworded to accurately reflect the intention of the power and duty, and also includes updated legislation reference as per the Planning and Development (Local Planning Schemes) Regulations 2015.






5 September 2017 Amendment of delegation to allow for officers, in respect of granted development approval, to determine applications to:

approval so as to extend the period within which any development approved must be substantially commenced;

condition to which the approval is subject;

development approved which, if amended, would not substantially change the development approved;

subject to the conditions outlined.


DASP04 Local Planning Scheme and Local Planning Policy Compliance

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


DASP04 Local Planning Scheme and Local Planning Policy Compliance

8 December 2015 This delegation was originally titled Town Planning Scheme No. 7 and Local Planning Policy Compliance. The delegation title and power and duty are amended to reflect the correct legislation reference as per the Planning and Development (Local Planning Schemes) Regulations 2015, the Local Government Act 1995 and the Planning and Development Act 2005.


DASP05 Residential Design Codes

8 July 2014 Amend the wording within Power/Duty to reference current legislation, namely Residential Design Codes 2010.






23 June 2015 This existing delegation (Residential Setback Variations) is combined with DASP7 – Residential Design Codes 2010, to include determination of applications relating to single houses, multiple dwellings, ancillary dwellings and group dwellings which may include determination of setback variations, pursuant to Town Planning Scheme No. 7, Residential Design Codes 2010 and relevant Local Planning Policies.



8 December 2015 This delegation is amended to reflect the correct legislation reference as per the Planning and Development (Local Planning Schemes) Regulations 2015.


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


DASP07 Planning and Development Act 2005 - Enforcement and Legal Proceedings

23 June 2015 Delegation is amended to reflect correct referencing of legislation.


DASP07 Planning and Development Act 2005 - Enforcement and Legal Proceedings

8 December 2015 The original delegation is a duplication of DASP03 Local Planning Scheme and Local Planning Policy Compliance and the proposed delegation provides authorisation to issue infringements where there is reason to believe that a person has committed a prescribed offence in accordance with sections 214, 218, 220 and 221 of the Planning and Development Act 2005. The power and duty also includes authorised officers the authority to extend the time to pay the penalty and withdraw the infringement notice.





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

13 December 2016 A new section has been added to the register titled Statutory Delegations to Local Government from External Agencies. This delegation will be removed and reintroduced as DASD01 - Western Australian Planning Commission - Clause 27 Greater Bunbury Region Scheme - Development Approvals.


DASP08 Built Strata Applications

8 December 2015 This delegation is amended to include the words “and in accordance with written laws relating to planning”.


DASP08 Built Strata Applications

13 December 2016 A new section has been added to the register titled Statutory Delegations to Local Government from External Agencies. This delegation will be removed and reintroduced as DASD02 - Western Australian Planning Commission – Section 25 Of Strata Titles Act 1995.


R15DAB01 Fees for Copying Building Plan(s)

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


R15DAFM01 Commercial Waste Fee Structure

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





R15DAG01 Power to determine if inspection of information would divert substantial or unreasonable resources of the organisation

23 June 2015 Delegation repealed - Section 5.95(1)(b) of the Local Government Act 1995 specifically provides the capacity for the CEO to limit a person’s right to inspect information referred to in section 5.94 if, in their opinion, it would divert a substantial and unreasonable portion of the local government’s resources away from its other functions.


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

23 June 2015 Delegation repealed - interpreting the Marlston Hill (Stage 3) Design Guidelines requires officers to exercise professional judgement, not make discretionary decisions. Developments in relation to Marlston Hill are presented to Council for consideration.


R15DAB02 Awning Licence 23 June 2015 Delegation repealed - the authority to determine applications for an awning licence is provided in DAB1 – Building Act 2011. A separate delegation is not required in this instance.


R15DAO02 Apportion Responsibility of Costs from Works in the Street

23 June 2015 Delegation repealed - this delegation has been amalgamated into DAO8 – Authority to Serve Notices to Owners or Occupiers of Land (previously titled Works in Streets).


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





R15DACL03 Vehicle Parking on Reserves

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


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


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

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


R15DAH05 Street Trading / Outdoor Eating Areas

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





R15DASP05 Approval of Project Plans

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


R15DAB06 Demolition Permits 23 June 2015 Delegation repealed - the authority to approve or refuse plans and specifications for a demolition permit is provided in DAB1 – Building Act 2011. A separate delegation is not required in this instance.


R15DACL06 Illegally Parked/Abandoned Vehicles

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


R15DAO06 Street Name Register 23 June 2015 Delegation repealed - applications for street names are assessed in accordance with Council’s Policy and guidelines and referred to Council for consideration, with the final decision made by the Geographic Names Committee (Landgate). A delegation is not required in this instance.





R15DASP06 Family Care Facilities 23 June 2015 Delegation repealed - Family Care Facilities are required to comply with Town Planning Scheme No.7 and Local Planning Policies. Delegated authority is provided in DASP3 – Development Applications and DASP4 – Town Planning Scheme No 7 and Local Planning Policy Compliance. A separate delegation is not required in this instance.


R15DAB07 Grant of Occupancy Permits and Building Approval Certificates

23 June 2015 Delegation repealed - the authority to issue grant of occupancy permits and building approval certificates is provided in DAB1 – Building Act 2011. A separate delegation is not required in this instance.


R15DAG07 Extended Trading Hours

23 June 2015 Delegation repealed - The City of Bunbury now has deregulated trading hours.


R15DASP07 Residential Design Codes 2010

8 July 2014 Amend to include ‘multiple dwellings’ and ‘ancillary dwellings’ and also update the reference within Power/Duty to reflect current legislation.


R15DASP07 Residential Design Codes 2010

23 June 2015 Delegation repealed - combined with DASP14 – Residential Setback Variations. The combined delegation, Residential Setback Variation, provides authority to the CEO to determine applications pursuant to the same provisions, but with the addition of determining applications which may include setback variations.


R15DAB08 Swimming Pool Enclosure

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





R15DACL08 Institute Legal Proceedings

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


R15DAG08 Employment/Management/Supervision of Staff

23 June 2015 Delegation repealed - Section 5.41(g) of the Local Government Act 1996 provides the capacity for the CEO to be responsible for the employment, management supervision, direction and dismissal of other employees (subject to section 5.37(2) in relation to senior employees).


R15DAH08 Use of Reserve Lands for Mobile Needle and Syringe Exchange Activities

23 June 2015 Delegation repealed - all applications to use reserve land vested in the control of Council for mobile needle and syringe exchange activities will be presented to Council for consideration, therefore delegated authority is not required.


R15DASP08 Home Occupations 23 June 2015 Delegation repealed - home occupations are required to comply with Town Planning Scheme No.7 and Local Planning Policies. Delegated authority is provided in DASP3 – Development Applications and DASP4 – Town Planning Scheme No.7 and Local Planning Policy Compliance. A separate delegation is not required in this instance.


R15DAB09 Extensions of Periods of Duration

23 June 2015 Delegation repealed - the authority to grant extensions of periods of duration for occupancy permits and building approval certificates is provided in DAB1 – Building Act 2011. A separate delegation is not required in this instance.





R15DACL09 Residential and Visitor Parking

23 June 2015 Delegation repealed - the authority to determine applications and renewals for residential and visitor parking permits is provided in DACL1 – Administer the City’s Local Laws. A separate delegation is not required in this instance.


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


R15DAH09 Environmental Health Emergency Management Support Plan

23 June 2015 Delegation repealed - minor changes including the amendment to names, titles and web links to the Bunbury Environmental Health Emergency Management Support Plan may be required for administrative purposes, which is not a decision-making function.


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





R15DASP09 Town Planning Conditions and Bank Guarantees

23 June 2015 Delegation repealed - the authority to impose specific town planning conditions is covered under delegations DASP3 – Development Applications and DASP4 – Town Planning Scheme No.7 and Local Planning Policy Compliance. The authority to receive a bank guarantee on behalf of the applicant in cases where developers are required to fulfil such planning conditions is not exercising discretion, simply carrying out a function. A delegation of authority is not required in this instance.


R15DAO10 Purchase and Disposal of Minor Plant and Light Vehicles

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


R15DASP10 Bed and Breakfast Establishments

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


R15DAB11 Building Orders 23 June 2015 Delegation repealed - the authority to make building orders in relation to building or demolition work is provided in DAB1 – Building Act 2011. A separate delegation is not required in this instance.





R15DACL11 Signing of Prosecutions 23 June 2015 Delegation repealed - this delegation has been amalgamated into DACL15 – Legal Proceedings, and is therefore not required.


R15DAO11 Determine Roadworks Submissions

23 June 2015 Delegation repealed - the function of determining road works submissions may be authorised by the CEO in an “acting through” capacity, and does not require a delegation.


R15DASP11 Non-Conforming Use of Land

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


R15DAB12 Revocation of Building Orders

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


R15DAO12 Dangerous Trees on Private Property

23 June 2015 Delegation repealed - The authority to form an opinion that trees on private property constitute a danger to persons or property on adjoining land is provided in DAO8 – Authority to Serve Notices to Owners or Occupiers of Land (previously titled Works in Streets). A separate delegation is not required in this instance.





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


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


R15DACL13 Issuing of Notices to Owner/Occupiers

23 June 2015 Delegation repealed - the authority to issue notices requiring certain things to be done by an owner/occupier of land is provided in DAO8 – Authority to Serve Notices to Owners or Occupiers of Land (previously titled as Works in Streets). A separate delegation is not required in this instance.


R15DAO13 Placing Barriers Across Streets

23 June 2015 Delegation repealed - the function of determining road closures may be authorised by the CEO in an “acting through” capacity, and does not require an individual delegation.





R15DASP13 Creation, Subdivision or Amalgamation of Lots

23 June 2015 Delegation repealed - the function to make recommendations to the Department of Planning and Infrastructure or the Western Australian Planning Commission is one in which planning officers exercise professional judgement, not make a decision. A delegation is not required in this instance.


R15DACL14 Keeping of more than two dogs

23 June 2015 Delegation repealed - the authority to approve applications to keep more than two dogs for a temporary period is provided in DACL1 – Administer City Local Laws and DACL2 – Rangers Authorisation. A separate delegation is not required in this instance.


R15DASP15 Development Proposals Affecting Council Property

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


R15DAO17 Vesting of Public Reserves

23 June 2015 Delegation repealed - the vesting of a public reserve created within the City of Bunbury is referred to Council for consideration, and does not require an individual delegation.





R15DAO18 Approval and Assignment of Property Leases and Licences

23 June 2015 Delegation repealed - the delegation refers to sections 3.53 and 3.54 of the Local Government Act 1995. The Department of Local Government guideline on this matter indicates only section 3.53(3) requires delegated authority. Should this situation occur, the information would be presented to Council for their consideration and not authorised under delegation, therefore this delegation is not required.


R15DASP18 Strata Title Form No 7 23 June 2015 Delegation repealed - the function to endorse strata titles in accordance with the Building Act 2011 is covered under delegated authority DAB1 – Building Act 2011. A separate delegation is not required in this instance.


COUNCIL POLICY: Sporting and Community Leases and Licenses

POLICY OWNER: Manager Major Projects and Property

POLICY STATEMENT: Council acknowledges the societal and economic value sporting and community groups provide to the city. Council is committed to supporting sporting and community groups that enter into lease or license arrangements with the City, to ensure they are affordable.

POLICY DETAILS:

Sporting groups may be defined as a group of people formed for the purpose of playing sports. Community groups may be defined as a group of people formed, at a community level, for the purpose of working towards the creation or enhancement of their community. Sporting and community groups do not earn profits for their administrators or members. The City of Bunbury may provide leases and licenses to organisations which cover land and buildings owned or managed by the City including Crown land. It is acknowledged that the cost of providing affordable leases and licenses to sporting and community groups is subsidised by the ratepayers of Bunbury. This Policy is not intended to generate a revenue stream. To protect the City’s interests all leases and licenses are to include two non-negotiable clauses those being:

1. unless otherwise agreed, a redevelopment clause, providing a twelve month notice period; and

2. a remediation clause to ensure buildings and assets not owned or approved by the City are appropriately dealt with when any lease or license arrangement ends.

Sporting or community groups that enter into a lease or license arrangement with the City will not be charged a rental fee. Sporting and community groups will be charged a fee for the preparation of documents, including variations, extensions, assignments and surrenders to existing leases/licenses. Sporting and community groups with existing “peppercorn” leases/licenses will remain as such and not be charged a fee for the preparation of documents. All sporting and community groups that enter into lease or license arrangements with the City will be charged minimum rates. Sporting and community groups that do not pay rates due to existing lease or license terms or legislative exemptions will remain as such and not be charged rates.

Sporting and community groups that enter into lease or license arrangements over storage facilities less than 300sqm and have a permitted use consistent with storage of equipment and goods only, as outlined in their lease or license, will not be charged rates. No concessions will be given to the Emergency Services Levy and waste services charges. The City provides substantial infrastructure to its lessees and licensees. The upkeep and maintenance of the leased/licensed premises will continue to be undertaken by sporting and community groups in accordance with the terms contained within their lease or license. This Policy does not incorporate;

Leasing of airport sites or casual hire of City of Bunbury facilities; Government funded entities; or Commercial leasing and licensing arrangements.

LEGISLATION AND OTHER REFERENCES: Nil


Document Owner Manager Major Projects and Property

Adopted by Council: Council Decision 419/14 11 November 2014


CP-035756 v 1.0 12/07/2016 Council Decision 238/16 Reviewed with changes



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COUNCIL POLICY: Private Use of Mayoral Vehicle

POLICY OWNER: Chief Executive Officer POLICY STATEMENT: To outline the requirements surrounding the use of the City vehicle

provided to the Mayor in accordance with the provisions of the Local Government Act 1995 and Local Government Regulations (Administration) 1996.

POLICY DETAILS:

The position of Mayor of the City of Bunbury shall, for the purposes of carrying out the functions of the Mayoral office, be entitled to receive the provision of a fully maintained local government owned vehicle. The type/standard of vehicle to be provided will be determined by the City. The vehicle provided to the position of Mayor:

is to be in lieu of travel/mileage claims otherwise claimable by the Mayor for his or her personal vehicle;

can be used for personal private purposes (including use by a driver nominated by the Mayor) on the basis that the cost of that private use is fully reimbursed by the Mayor;

shall not be used for any commercial purposes;

will not occur at the reduction of the fees, allowances and reimbursements (other than the travel/mileages claims) otherwise ordinarily payable to the Mayor as approved by Council in accordance with the relevant provisions of the Local Government Act 1995; and

will be administered in accordance with any related Policy/Guideline the City has in place.

The calculation of the private use component of the vehicle costs to be reimbursed to the City by the Mayor is to be determined as follows:

A logbook is to be kept of all private use of the vehicle, which shall be agreed with the Mayor as being the basis upon which the costs of private use will be calculated and subsequently required to paid by the Mayor to the City, at the relevant rate per kilometre as specified in Schedule F of the Western Australia Public Service Award 1992; and

On the basis that the predominant use of the vehicle will be for official purposes, only those vehicle costs of a “variable” nature directly affected by the additional private use will be used for determining the payment for private use to be made by the Mayor. This includes fuel, vehicle servicing costs (and then only the additional servicing costs occasioned by the private use) and depreciation where it can be shown that the additional private use has negatively impacted on the trade values of the vehicle.


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LEGISLATION AND OTHER REFERENCES:

- Local Government Act 1995


Document Owner Manager Governance

Adopted by Council: Council Decision 235/14 8 July 2014


CP-025047 17 May 2016 Council Decision 164/16 Reviewed with no changes


Policy Review and Development Committee Notice … Agendas and...Notice of Meeting & Agenda 31 May...

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Transcript of Policy Review and Development Committee Notice … Agendas and...Notice of Meeting & Agenda 31 May...