Ordinary Meeting of Council 26 March 2014 - City of Swan · Ordinary Meeting of Council 26 March 2014 ... • The Local Government Act 1995 ... Local Planning Scheme No. 17 'Statutory

Ordinary Meeting of Council 26 March 2014

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6.1 DELEGATED AUTHORITY REGISTER - ANNUAL REVIEW

Ward: (All Wards) (Governance)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Corporate)

KEY ISSUES

• The Local Government Act 1995 (the Act) gives local government the ability to delegate to the Chief Executive officer any of its powers and duties under the Act, other than those prescribed under s5.43.

• The Act requires local government to keep a register of its delegations and review it once every 12 months.

• City staff have reviewed the Register and amendments are proposed.

• The matter was considered at the Governance Committee meeting of 9 July 2013 and endorsed. However subsequent to this, a number of issues were raised by various business units, which prevented the matter proceeding to Council. These issues have now been resolved and minor amendments made.

It is recommended that the Council adopt the attached Delegated Authority Register 2013/14.

BACKGROUND

The aim of delegated authority is to assist with improving the time taken to make decisions within the constraints allowed by relevant legislation.

Without delegated authority, most decisions of the City would need to be made by Council at its ordinary meetings. Having appropriate delegations in place allow day to day decisions to be made by the Chief Executive Officer, who in turn can sub-delegate these to other staff if appropriate.

DETAILS

Under the Act, a local government may delegate to the CEO any of its powers or the discharge of any of its duties under the Act, other than those prescribed under s5.43.


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All delegations made by the Council must be by an absolute majority as prescribed by s5.42 and s5.44 of the Act that legislates Council's ability to delegate functions to the Chief Executive Officer.

In turn, the Act allows the CEO to delegate to any employee the exercise of any of the CEO's powers or discharge of duties, in accordance with s5.44 of the Act.

A review of the delegation register has recently been undertaken by City staff. The following changes are proposed:

• Position titles have been amended to reflect the organisational structure

• Delegations relating to the Building Act 2011 and Building Regulations 2012 that were adopted by Council in March 2012 to reflect changes to the new Act have been included in the Register.

• Previous delegations DA28 relating to Appointment of Authorised Persons under the Caravan Parks and Camping Grounds Act 1995 has been deleted as there is no statutory authority to delegate this function.

• Previous delegation DA30 relating to Environmental Protection (Noise) Regulations 1997 has been deleted as this delegation is from the CEO of the Department of Environment & Conservation (DEC) to the City of Swan and not from Council.

• New delegation DA32 giving authority to issue certificates under the Gaming and Wagering Commission Act 1987 formalises the arrangement as to who can sign these certificates on behalf of the City. These certificates state the premises complies with Health and Planning legislation.

• New delegation DA31 to enable separation of two separate areas of the Liquor Control Act 1988 legislation.

• New delegation DA36 relating to determining applications for compensation following seizure or the issue of a prohibition notice under the Food Act 2008. This delegation clarifies who within the City has authority to consider a claim for compensation from a food business proprietor following a prohibition notice being issued or a food seizure taking place.

• Minor amendments to remaining delegations relating to environmental health to ensure they are consistent with the statutory power to delegate, administrative changes to ensure the delegations operate at an appropriate level for efficiency and to prevent minor administrative functions having to go to Council (eg. appointing individual staff as 'authorised officers').

After further consultation with relevant business units, the following amendments were made:

• Add Manager Health & Building Services as a delegate for DA33 - Food Act 2008 'Appointment of Authorised Officers' .

• Add Manager Health & Building Services as a delegate for DA34 - Food Act 2008 'Designated Officers'.

These further amendments are considered minor in nature and do not require the Delegated Authority Register to go back to the Governance Committee for endorsement.


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CONSULTATION

A number of business units have been consulted in relation to specific delegations.

ATTACHMENTS

Delegation of Authority Register 2013/14.

STRATEGIC IMPLICATIONS

Consistent with the City's Strategic Community Plan 2012-2022 - G1.1 - Provide accountable and transparent leadership.

STATUTORY IMPLICATIONS

Local Government Act 1995 - s5.42, 5.43. 5.44 and 5.46.

Local Government (Administration) Regulations 1996 - 18G and 19.

FINANCIAL IMPLICATIONS

Nil.

VOTING REQUIREMENTS

Absolute majority

RECOMMENDATION

That the Council resolve to:

1) Approve the attached Delegations Register 2013/14.

CARRIED

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March 14

2013/2014 Delegation of Authority Register

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Table of Contents

Introduction .............................................................................................................................................. 4

Purpose of Delegated Authority ............................................................................................................ 4

Legislation ............................................................................................................................................ 4

Delegation by Council to the Chief Executive Officer ............................................................................ 4

Delegation by the Chief Executive Officer to an Employee .................................................................... 4

Acting Through ..................................................................................................................................... 5

Local Government Act 1995 ..................................................................................................................... 6

2013/2014 DA1 - Tender Review Committee ........................................................................................ 6

2013/2014 DA2 - Appointment of Authorised Persons .......................................................................... 6

2013/2014 DA3 - Powers of Entry ......................................................................................................... 7

2013/2014 DA4- Road Closures (Temporary) ....................................................................................... 7

2013/2014 DA5 - Acquisition and Disposal of Land and/or Property ..................................................... 8

2013/2014 DA6 – Disposal of Assets other than Land .......................................................................... 8

2013/2014 DA7 Payments from the Municipal Fund and Trust Fund .................................................... 8

2013/2014 DA8 Debts - Waiver, Concessions or Write Off ................................................................... 9

2013/2014 DA9 Investments- ................................................................................................................ 9

2013/2014 DA10 Objection of Rate Record- ....................................................................................... 10

2013/2014 DA11- Disposing of Confiscated or Uncollected Goods ..................................................... 10

Local Government (Miscellaneous Provisions) Act 1960 ........................................................................ 11

2013/2014 DA12 Building Plans and Specifications- ........................................................................... 11

2013/2014 DA13- Demolition Licences ............................................................................................... 11

2013/2014 DA14- Certificates of Classification ................................................................................... 12

2013/2014 DA15- Building Notices - Alterations, Unlawful Works, Dangerous, Uncompleted and Neglected Buildings ............................................................................................................................ 12

2013/2014 DA16- Building Licence - Permit Materials to be Deposited on Street ............................... 13

2013/2014 DA17 Appoint Authorised Persons Swimming Pool Inspections ........................................ 13

Building Act 2011 and Building Regulations 2012 ................................................................................... 13

2013/2014 DA18 - Building Act 2011 'Building and Demolition Permits' .............................................. 13

2013/2014 DA19 - Building Act 2011 'Occupancy and Building Approval Certificates' ........................ 14

2013/2014 DA20 - Building Act 2011 'Enforcement – Appointment of Authorised Persons' ................. 15

2013/2014 DA21 - Building Act 2011 'Building Orders' ........................................................................ 15

2013/2014 DA22 - Building Act 2011 'Building Information' ................................................................. 16

2013/2014 DA23 - Building Act 2011 'Private Swimming Pools' .......................................................... 17

2013/2014 DA24 - Building Act 2011 'Smoke Alarms' ......................................................................... 17

Strata Titles Act 1985 ............................................................................................................................. 18

2013/2014 DA25 - Strata Titles Act 1985 'Strata Title Certificates' ...................................................... 18

Bush Fire Act 1954 ................................................................................................................................. 18

2013/2014 DA26 - Bush Fire Act 'Powers and Duties' ......................................................................... 18

2013/2014 DA27- Bush Fires Act 'Prohibited Burning Times' .............................................................. 18

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2013/2014 DA28- Bush Fires Act 'Prosecutions' ................................................................................. 19

Health Act 1911 ...................................................................................................................................... 19

2013/2014 DA29- Health Act 1911 'Appointment of Deputy' ............................................................... 19

Liquor Control Act 1988 .......................................................................................................................... 20

2013/2014 DA30- Liquor Control Act 1988 'Authority to Issue Certificates' ......................................... 20

2013/2014 DA31- Liquor Control Act 1988 'Authority to Issue Certificates' ......................................... 20

Gaming and Wagering Commission Act 1987 ........................................................................................ 21

2013/2014 DA32- Gaming & Wagering Commission Act 1987 'Authority to Issue Certificates'............ 21

Food Act 2008 ........................................................................................................................................ 21

2013/2014 DA33- Food Act 2008 'Appointment of Authorised Officers' ............................................... 21

2013/2014 DA34 - Food Act 2008 'Designated Officers'...................................................................... 22

2013/2014 DA35 - Food Act 2008 'Prohibition Notices and Prosecutions' ........................................... 22

2013/2014 DA36 - Food Act 2008 'Certificates of Clearance' .............................................................. 22

2013/2014 DA37 - Food Act 2008 'Compensation' .............................................................................. 23

Control of Vehicles (Off-Road Areas) Act 1978 ....................................................................................... 23

2013/2014 DA38 - Control of Vehicles (Off Road Areas) Act 1978 'Appointment of Authorised Persons' ........................................................................................................................................................... 23

Caravan Parks and Camping Grounds Act 1995 .................................................................................... 24

2013/2014 DA39 - Caravan Parks & Camping Grounds Act 1995 'Function Conferred on a Local Government' ....................................................................................................................................... 24

Dog Act 1976 ......................................................................................................................................... 24

2013/2014 DA40 - Dog Act 1976 'Appointment of Authorised Persons' ............................................... 24

Local Planning Scheme No.17 ............................................................................................................... 25

2013/2014 DA41 - Local Planning Scheme No. 17 'Statutory Planning' .............................................. 25

ADDITIONAL DELEGATIONS ADOPTED AT COUNCIL MEETINGS. ................................................... 26

Governance References ......................................................................................................................... 26

Corporate Document Administration ....................................................................................................... 27

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Introduction

Purpose of Delegated Authority The aim of delegated authority is to assist with improving the time taken to make decisions within the constraints allowed by relevant legislation. This is consistent with the City's commitment to a strong customer service focus. This Register details the related document(s) where the power to delegate is derived from, including the relevant legislation and policies of the Council. This enables easier cross-referencing. This Register will be reviewed in accordance with the Local Government Act 1995 once every financial year. The co-ordination of the review will be performed through the Office of the CEO.

Legislation The Local Government Act 1995 ('The Act') was introduced in 1 July 1996 and made significant changes to the way local government conducts its business. Its general aim was to enable local governments to provide good, open and accountable government to the community.

Delegation by Council to the Chief Executive Office r One of the changes was the degree of delegated authority available to be passed onto the Chief Executive Officer or a committee in order to manage the day-to-day operations of the City. The Act allows for a delegate to the Chief Executive Officer the exercise of any of its powers or the discharge of any of its duties under the Act. All delegations made by the Council must be by absolute majority. [s5.42(1)] The following are decisions that cannot be delegated by Council to the Chief Executive Officer under the Local Government Act 1995. [s5.43]

• Any power or duty that requires a decision of an absolute majority or special (75%) majority of the local government;

• Accepting a tender which exceeds an amount determined by the local government; • Appointing an auditor; • Acquiring or disposing of any property valued at an amount determined by the local government; • Any of the local government's powers under section 5.98, 5.98A, 5.99A, 5.99 and 5.100 of the Act; • Borrowing money on behalf of the local government; • Hearing or determining an objection of a kind referred to in section 9.5; • Any power or duty that requires the approval of the Minister or Governor; or • Such other duties or powers that may be prescribed by the Act.

Delegation by the Chief Executive Officer to an Emp loyee The Acts allows for the Chief Executive Officer to delegate any of the powers to another employee. [s5.44(1)] This must be in writing. [s5.44(2)] The Act allows for the Chief Executive Officer to place conditions on any delegations if desired. [s5.44(4)] A register of delegations relevant to the Chief Executive Officer and other employees is to be kept and reviewed at least once every financial year. [s5.46(1) and(2)] If a person is exercising a power or duty that they have been delegated, the Act requires that records be kept whenever the delegated authority is used. [s5.46(3)] The record is to contain the following information;

• How the person exercised the power or discharged the duty; • When the person exercised the power or discharged the duty; and • The persons or classes of persons, other than council or committee members or employees of the local

government, directly affected by the exercise of the power or the discharge of the duty. [Local Government (Administration) Regulations 1996 - Cl19]

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A person to whom a power is delegated under the Act is considered to be a 'designated employee' under s5.74(b) of the Act and is required to complete a primary and annual return each year.

Acting Through The Act does not specifically define the meaning of the term "acting through", however, s5.45(2) states; "Nothing in this Division is to be read as preventing - (a) a local government from performing any of its functions by acting through a person other than the CEO; or (b) a CEO from performing any of his or her functions by acting through another person." The Department of Local Government & Regional Development Guideline No.17 - Delegations, establishes the principal issue in determining whether a statutory function or duty is suitable for 'acting through' is that, where the statute provides no discretion in carrying out a function or duty, then the function or duty may be undertaken through the "acting through" concept. Conversely, where the statute allows for discretion on the part of the decision maker, then the function must be:

• delegated; or, • where applicable a person authorised; or, • a policy implemented that provides sufficient control,

for another person to have that authority and fulfil the function or duty. Where considered appropriate and effective in operation, discretionary matters will be determined by Council through policy. The policy decision may then be implemented by officers through the 'acting through' concept. In these instances there is no need for a delegated authority as it is responsibility of the CEO to implement the City's policies.

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Local Government Act 1995

2013/2014 DA1 - Tender Review Committee Function Delegated 1. Accept and reject tenders

2. Determine minor variations before entry into a contract 3. Where minor variations occur and the chosen tenderer is unable, unwilling or cannot agree to the variation, determine to choose the next most advantageous tenderer.

Statutory Power being Delegated

Local Government (Functions and General) Regulations 1996 Reg. 18 - Choice of Tenderer Reg 20 - Variation of requirements before entry into contract - clauses (1) and (2)

Statutory Power to Delegate

Local Government Act 1995 S5.16 - 'Delegation of some powers or duties to certain Committees' S5.17 - 'Limits on delegations of powers and duties to certain committees.

Delegation/Appointment to

Tender Review Committee

CEO sub-delegates to: N/A Conditions of Delegation

Accept tenders that are within budget allocation. If not, requires Council report or determination via budget review.

2013/2014 DA2 - Appointment of Authorised Persons Function Delegated To appoint persons or classes of persons to be authorised for the purpose of fulfilling

prescribed functions of the; Local Government Act 1995 City's Local Laws.

Statutory power being Delegated

Local Government Act 1995 s3.24 Authorising persons under this subdivision (subdivision 2 - Certain provisions about land) s9.10 Appointment of authorised persons


Local Government Act 1995 s5.42 Delegation of some powers or duties to the CEO s5.43 Limitations on delegations to the CEO s5.44 CEO may delegate powers and duties to other Employees


Chief Executive Officer

CEO sub-delegates to: Conditions on Delegation

Nil

Reference Links City of Swan Consolidated Local Laws City of Swan Health Local Law

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2013/2014 DA4- Road Closures (Temporary) Function Delegated 1. Close a thoroughfare managed by the City (wholly or partially) for a period of less

than 4 weeks.[s3.50(1)] 2. Close a thoroughfare managed by the City (wholly or partially) for a period of more than 4 weeks.[s3.50(1a) 3. Close a thoroughfare to a particular class or classes of vehicles. [3.50(2)] 4. Make a decision to not undertake the s3.50 and s3.51 public notice requirements. [3.50A]

Statutory Power being Delegated

Local Government Act 1995 s3.50 Closing certain thoroughfares to vehicles s3.50A partial closure of thoroughfares for repairs or maintenance s3.51 Affected owners to be notified of certain proposals.



Delegation/Appointment to:



Nil

2013/2014 DA3 - Powers of Entry Function Delegated 1. Authorise entry onto land to fulfil any statutory function that the local government

has under the Local Government Act 1995. 2. Give a Notice of Entry [s3.32] 3. Seek and execute an Entry under Warrant [s.3.33] 4. Execute and entry in an Emergency [s3.34] 5. Give notice and execute the Opening of a Fence [s3.36]


Local Government Act 1995 s3.32 Notice of Entry s3.33 Entry under warrant s3.34 entry in an emergency s3.36 Opening Fences






Nil

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2013/2014 DA5 - Acquisition and Disposal of Land an d/or Property Function Delegated Acquire or dispose of land and/or property via lease, licence or other legally binding

agreement. Statutory power being Delegated

Local Government Act 1995 s3.58(2) and (3) - Disposing of property.





CEO sub-delegates to: Conditions on Delegation Sale/Purchase of land and/or property requires Council decision

Limited to acquisition and disposal of an interest in land/property by leasehold, licence or by other legally binding agreement, for a cumulative cost over the life of the agreement of up to $250,000. Acquisitions must be within budget allocations.

2013/2014 DA6 – Disposal of Assets other than Land Function Delegated Dispose of assets other than land, which is surplus to the City’s operational needs.


Local Government Act 1995 s3.58(2) and (3) - Disposing of property.






Disposal of assets, other than land, with a depreciated value of not more than $100,000 in accordance with the City's guidelines

2013/2014 DA7 Payments from the Municipal Fund and Trust Fund Function Delegated Make payment from Municipal Fund Statutory power being Delegated

Local Government (Financial Management) Regulations 1996 Reg.12(1)(a) Payments from municipal fund or trust fund.






Nil

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2013/2014 DA8 Debts - Waiver, Concessions or Write Off Function Delegated 1. Waive or grant concessions in relation to sundry debts owed to the City( other than

rates and services charges) 2. Write off money owed to the City 3. Determine the conditions to be applied to waive, grant a concession or write off money owed to the City.


Local Government Act 1995 S6.12(1)(b) and (c) and (3) Power to defer, grant discounts, waive or write off debts.






Limited to individual debts not exceeding $500.00. Write-off of rates not exceeding $200.00

Reference Links Nil

2013/2014 DA9 Investments- Function Delegated 1. Determine monies which are, for the time being not required by the local

government for any other purpose, and determine to invest these monies 2. Establish and document internal control procedures to ensure control over investments that enable the identification of the nature and location of all investments and the transactions related to each investment.


Local Government Act 1995 s6.14 Power to Invest Local Government (Financial Management) Regulations 1996 Reg.19 Management of investments






Delegation is subject to Pol-C-018 Investment of Surplus Funds

Reference Links Pol-C-018 Investment of Surplus Funds

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2013/2014 DA10 Objection of Rate Record- Function Delegated 1. Extend the time for making an objection to the rate record for a period of time as it

sees fit. 2. Consider any objection to the rate record and may either disallow it or allow it, wholly or in part


s6.76(4) Local Government Act 1995 s6.76(5) Local Government Act 1995






Nil

2013/2014 DA11- Disposing of Confiscated or Uncolle cted Goods Function Delegated 1. Sell or otherwise dispose of any confiscated or impounded goods [s3.47]

2. Destroy an impounded animal where it is determined to be ill or injured to treat [s3.47A(1)] 3. Where an offender is convicted, recover from the offender expenses incurred for removing, impounding and disposing confiscated or impounded goods. [s.3.48]


Local Government Act 1995 s3.47 Disposing of confiscated or uncollected goods - subclauses (1), (2), (2a) s3.47A Disposal of sick or injured animals - subclause (1) s3.48 Recovery of impounding expenses






Nil

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Local Government (Miscellaneous Provisions) Act 196 0

2013/2014 DA12 Building Plans and Specifications- Function Delegated 1. Issue building licences [s374(1a)]

2. reject applications for a building licence [s374(1b)] 3. Suspend dealing with an application, pending outcome of application for a building approval certificate [s374(1c)]. 4. Give notice to building licence holder requiring their provision of notice to local government on completion of work [s374(1)]. 5. Issue building approval certificate for unauthorised building work [s374AA]. 6. Determine that the Building Code does not apply to any alteration, addition, restoration or repair [Reg 5(2)]


Local Government (Miscellaneous Provisions) Act 1960 s374(1), (1a), (1b), (1c) and (1d) Plans of buildings to be approved by local government. S374AA Building Approval certificates for unauthorised building work Building regulations 1989 Reg.5(2) Building code adopted.


Local Government (Miscellaneous Provisions) Act 1960 S374AAB Delegation of authority to approve plans of buildings or unauthorised building work. Local Government (Building Surveyors) Regulations 2008 Reg 6 Prescribed qualifications that must be held by delegate of authority to approve plans of buildings or unauthorised building work.


Principal Building Surveyor Senior Building Surveyor (Note: Subject to the above positions meeting Reg.6 of the Local Government (Building Surveyors) Regulations 2008.

CEO sub-delegates to: N/A Conditions on Delegation

Authority to approve: - Plans and specifications [s374] - Unauthorised building work [s374AA] in accordance with Local Government (Miscellaneous Provisions) Act 1960 s374AAB -‘Delegation of authority to approve plans of building or unauthorised building work’. Delegates must possess relevant qualifications in accordance with the restrictions prescribed in Reg 5(2).

2013/2014 DA13- Demolition Licences Function Delegated Issue or refuse demolition licences, with or without conditions. Statutory power being Delegated

Local Government (Miscellaneous Provisions) Act 1960 S374A Demolition Licences






Nil

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2013/2014 DA14- Certificates of Classification Function Delegated Determine the classification of a building and issue the relevant certificate of

classification in accordance with Section 374C of the Local Government (Miscellaneous Provisions) Act 1960 and Part 5 of the Building Regulations 1999.


Local Government (Miscellaneous Provisions) Act 1960 s374C Classification of buildings.






Nil

2013/2014 DA15- Building Notices - Alterations, Unl awful Works, Dangerous, Uncompleted and Neglected Buildings

Function Delegated 1. Give notice of and enforce requirements in regard to the following; • s401 Notice of required alterations • s401A Stopping unlawful work • s403(4) Serve notice dangerous buildings • s408 Removal of neglected buildings • s409 Power to compel renovation of dilapidated buildings.

2. Survey dangerous buildings [s403] 3. Where a notice has not been complied with, determine the requirement to make application to the Magistrates Court in accordance with;

• s401(7) Notice of required alteration. • s404 Notice to owner, etc, in case of danger. • s406 Power to remove occupants from dangerous building. • s408 Removal of neglected buildings.

4. Determine to withdraw a notice [s401A(4)] Statutory power being Delegated

Local Government (Miscellaneous Provisions) Act 1960 • s401 Notice of required alterations • s401A Stopping unlawful work • s403 Survey to be made of dangerous buildings • notice to owner etc in case of danger • s406 Power to remove occupants from dangerous buildings • s409 Power to compel renovation of dilapidated buildings.






The following determinations related to this delegation, shall be referred to Council: • s405(2) Recovery of expenses of local government (specifically relating to

sale of building) • s408(5)-(8) Removal of neglected buildings - specifically demolition and sale

of materials • s410 Provision for enforcing repayment of expenses incurred by local

government. • s411 when local government may demolish building and sell material and

recover expenses.

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2013/2014 DA16- Building Licence - Permit Materials to be Deposited on Street Function Delegated Issue or refuse licences in accordance with s377. Statutory power being Delegated

Local Government (Miscellaneous Provisions) Act 1960 S377 No materials to be deposited on streets without licence.






Nil

2013/2014 DA17 Appoint Authorised Persons Swimming Pool Inspections Function Delegated Inspect Swimming Pools and enforce the provisions of s245A of the Local

Government (Miscellaneous Provisions) Act 1960. Statutory power being Delegated

Local Government (Miscellaneous Provisions) Act 1960 s.245A Private Swimming Pools


Local Government Act 1995 s5.42 Delegation of some powers or duties to the CEO s5.44 CEO may delegate powers and duties to other Employees




Nil

Building Act 2011 and Building Regulations 2012

2013/2014 DA18 - Building Act 2011 'Building and De molition Permits' Function Delegated 1. Refer an uncertified application to a building surveyor (in circumstances set out in

s.17(1) 2. Require the applicant to provide any document or information that it requires to

determine the application and to verify the information by statutory declaration (s.18(1))

3. Refuse to consider an application (s.18(2)) 4. Grant a building permit (ss.20 and 23) 5. Refuse to grant a building permit (ss.20 and 23, including circumstances in

ss.22(1) and (2)) 6. Grant a demolition permit (ss.21 and 23) 7. Refuse to grant a demolition permit (ss.21 and 23 including in the circumstances

in ss.22(1) and (2)) 8. Refund the fee that accompanied an application to the applicant if no decision is

made within the time mentioned in ss.23(1) and (2) (s.23(4)) 9. Record the grounds on which a decision to refuse to grant a building permit or

demolition permit is based on and the reasons for the decision and give to the person to whom the decision relates written notice of the decision together with those grounds and reasons and the person’s right of review (s.24)

10. Impose conditions on the grant of a permit in addition to any provided for in the Regulations, including specifying the way in which an outward facing side of a particular close wall must be finished (ss.27(1) and 88(3))

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11. Add, vary or revoke conditions imposed on a permit before the building work or demolition work is completed (s.2793))

12. Refuse to accept an application to extend the time during which a permit has effect made after the expiry day for the permit (r.23(3))

13. Extend the time during which a permit has effect and impose conditions on the extended permits (s.32, rr.24(1) and (2))

14. Refuse to extend the time during which a permit has effect (r.24(1)) 15. Approve a new person to be named as the builder on the building permit and

amend the details set out in the permit accordingly [r.26(3) and (4)) 16. Approve a new person to be named as the demolition contractor on the demolition

permit and amend the details set out in the permit accordingly (r.26(3) and (4)) Statutory power being Delegated

Building Act 2011 ss.18, 20, 21, 27 Building Regulations 2012 rr. 23, 24, 26


Building Act 2011 s.127


Principal Building Surveyor Coordinator Building Services

CEO sub-delegates to: No statutory power to sub-delegate (s.127(5)) Conditions on Delegation

Record of delegation to be maintained on City’s delegations register Authority to delegate is limited by s.127

Reference Links Building Act 2011 Building Regulations 2012 Building Code of Australia

2013/2014 DA19 - Building Act 2011 'Occupancy and B uilding Approval Certificates' Function Delegated 1. Require the applicant of an occupancy permit or building approval certificate to

provide any document or information that it requires to determine the application and to verify the information by statutory declaration (s.55(1))

2. Refuse to consider an application (s.55(2)) 3. Grant or modify the occupancy permit or grant the building approval certificates

(ss.58(1) and 59) 4. Refuse to grant or modify the occupancy permit or grant the building approval

certificate (including in the circumstances set out in ss.58(2) and (3) 5. Record the grounds on which a decision to refuse to grant or modify an

occupancy permit or grant a building approval certificate is based, and the reasons for the decision and give to the person to whom the decision relates written notice of the decision together with those grounds and reasons and the person’s right to review (s.60)

6. Impose conditions on the occupancy permit or modification or building approval certificate in addition to any provided for in the Regulations (s.62(1))

7. Add, vary or revoke conditions while the occupancy permit or building approval certificate has effect (s.62(3))

8. Give written notice of the addition, variation or revocation of a condition and ensure that the notice informs the person of the person’s right of review (s.62(4) and (5))

9. Extend the period in which the occupancy permit or modification or the building approval certificate has effect (s.65(4))

10. Refuse to extend the time during which an occupancy permit or a building approval certificate has effect or extend the permit or certificate for shorter period than requested by the applicant and, if so, record the grounds on which a decision is based and the reasons for the decision, and give written notice of the decision together with those grounds and reasons, and the person’s right of review (s.65, r.42(5))

11. Refuse to accept an application to extend the time during which an occupancy permit or a building approval certificate has effect (r.42(2))


Building Act 2011 ss.55, 58, 62, 65 Building Regulations 2012 r.42



Delegation/Appointment Principal Building Surveyor

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to Coordinator Building Services CEO sub-delegates to: No statutory power to sub-delegate (s.127(5)) Conditions on Delegation



2013/2014 DA20 - Building Act 2011 'Enforcement – A ppointment of Authorised Persons' Function Delegated 1. Designate a person employed by the local government under s.5.36 of the Local

Government Act 1995 as an authorised person for the purposes of this Act in relation to buildings and incidental structures located or proposed to be located in the district of the local government (s.96(3))

2. Revoke a designation at any time (s.96(6)) 3. Limit the powers of an authorised person by imposing conditions on a person’s

instrument of designation or by written notice and at any time revoke or vary such condition or notice (s.99(2)(3))

4. Give an identity card to each person designated by it as an authorised person (s.97)

5. Cause an authorised person to: a) Take any action specified in the order; or b) To commence or complete any work specified in the order; or c) If any specified action was required by the order to cease, to take such

steps as are reasonable in the circumstances to cause the action to cease (s.118(2))

6. Recover as a debt from a person who has been served with a copy of a building order the reasonable costs and expenses incurred in doing anything under s.118(2) (s.118(3))


Building Act 2011 ss.96, 99




Principal Building Surveyor Coordinator Building Services Development Compliance Officers


Building Act 2011 Building Regulations 2012 Building Code of Australia

2013/2014 DA21 - Building Act 2011 'Building Orders ' Function Delegated 1. Make an order in respect of one or more of the following:

a) particular building work; b) particular demolition work; c) a particular building or incidental structure, whether completed before or after commencement day (s.110(1))

2. Specify the way in which an outward facing side of a particular close wall must be finished (s.88(3)

3. Before making a building order, give each person to whom the order is proposed to be directed written notice of the terms of the proposed order and reasons for it and advice each person of time in which they may make a submission and consider each submission received (s.111(1))

4. Serve a copy of the order on each person to whom the order is directed in accordance with s.76 of the Interpretation Act 1994 (s.114(1))

5. Revoke a building order at any time (s.117(1)) 6. Decide whether the building order has been fully complied with and either revoke

the building order or inform each person to whom the order is directed that the building order remains in effect, within 28 days of receiving a notification under s.112(3)(c) (s.117(2))

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7. Cause an authorised person to: a) take any action specified in the order; or b) to commence or complete any work specified in the order; or c) if any specified action was required by the order to cease, to take such steps as are reasonable in the circumstances to cause the action to cease (s.118(2))

8. Recover as a debt from a person who has been served with a copy of a building order the reasonable costs and expenses incurred in doing anything under s.118(2) (s.118(3))


Building Act 2011 ss.110, 117, 118




Principal Building Surveyor Coordinator Building Services Development Compliance Officers


Record of delegation to be maintained on City’s delegation register Authority to delegate is limited by s.127


2013/2014 DA22 - Building Act 2011 'Building Inform ation' Function Delegated 1. Keep a register of all building permits, demolition permits, occupancy permits and

building approval certificates granted by it, and all building orders made by it, in an approved manner and form (s.128(1), (2))

2. Amend the register to reflect the variation or revocation of a condition of, or any other change reflecting to that effect of, a building permit, a demolition permit, an occupancy permit, a building approval certificate or a building order resulting from a decision of the permit authority or information given to the permit authority (s.128(3))

3. Make the register available for inspection by members of the public during normal office hours (s.129(1))

4. On application by any person and on payment of the prescribed fee, if any, provide to the person a copy of a building permit, a demolition permit, an occupancy permit, a building approval certificate or a building order that is kept in the register (s.129(2))

5. Keep in the manner and for the prescribed period such of the prescribed documents that comprise, accompany, are provided for in, are issued as a result of, or otherwise relate to the building or incidental structure that is the subject of: a) an application for a building permit or demolition permit; or b) an application of a kind mentioned in Part 4 Division 2; or c) an inspection of a prescribed kind (s.130)

6. Allow an interested person to inspect a building record and provide to the interested person a copy of the building record (s.131(2))

7. Give the Building Commissioner prescribed information for inclusion in the annual report submitted under the Financial Management Act 2006 Part 5 by the accountable authority (s.132(1)) and provide a record or information requested by the Building Commissioner (s.132(3), r.14)






Principal Building Surveyor Coordinator Building Services

CEO sub-delegates to: No statutory power to sub-delegate (s.127(5))

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Conditions on Delegation



2013/2014 DA23 - Building Act 2011 'Private Swimmin g Pools' Function Delegated 1. Approve alternative requirements to r.50(4)(b) if satisfied that the alternative

requirements will restrict access by young children to the swimming pool as effectively as if there were compliance with Australian Standard AS 1926.1 (r.51(2))

2. Approve a door for the purposes of r.50(4)(c(ii) if the door is in accordance with the requirements of Australian Standard AS1926.1 and the conditions in r.51(3) are satisfied (r.51(3))

3. Arrange for an authorised person to inspect the enclosures of private swimming pools in the district at intervals of no more than 4 years for the purpose of monitoring whether the provisions in rr.50 and 52 the Regulations are complied with (rr.50, 52, 53(1))


Building Regulations 2012 rr.51 and 53




Principal Building Surveyor Coordinator Building Services Development Compliance Officers Note – transitional arrangements for the next 5 years for those currently authorised




2013/2014 DA24 - Building Act 2011 'Smoke Alarms' Function Delegated Approve of the use, in a dwelling or in part of the dwelling, of a battery powered

smoke alarm and to give approval in relation to an alarm that was installed before the approval is to be given (r.6091) and (2))


Building Regulations 2012 r.60




Principal Building Surveyor/Coordinator Building Services




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Strata Titles Act 1985

2013/2014 DA25 - Strata Titles Act 1985 'Strata Tit le Certificates' Function Delegated Issue prescribed Strata Title Local Government Certificates:

• Form 7 Description of Lots Statutory power being Delegated

Strata Titles Act 1985 s23(2) Certificate of local government


s23(4) Certificate of local government


Executive Manager Planning Principal Building Surveyor/Co-ordinator Building Services


Nil

Bush Fire Act 1954

2013/2014 DA26 - Bush Fire Act 'Powers and Duties' Function Delegated All powers, duties and functions of the local government under the Bush Fires Act

1954 Statutory power being Delegated

Entire provisions of the Bush Fires Act 1954


Bush Fires Act 1954 s48 Delegation by local governments



CEO sub-delegates to: No Statutory power to sub-delegate s48(3), everyone effectively acts through the CEO Conditions on Delegation

Excludes powers and duties that: • Are prescribed in the Act with the requirement for a resolution by the local

government; • Are prescribed in the Act for performance by prescribed offices; or • Are subject to separate delegated authority within this register.

2013/2014 DA27- Bush Fires Act 'Prohibited Burning Times' Function Delegated Determine to vary Prohibited Burning Times, in accordance with s17(7) and (8),

regarding: • Shortening, extending, suspending or reimposing a period of prohibited

burning times; or • Imposing a further period of prohibited burning times


Bush Fires Act 1954 s17(7) and (8) (Vary prohibited burning times)


Bush Fires Act 1954 s17(10)


Mayor Chief Bush Fire Control Officer

CEO sub-delegates to: No statutory power provided to sub-delegate [s48(3)] Conditions on Delegation

Nil

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2013/2014 DA28- Bush Fires Act 'Prosecutions' Function Delegated Issue Infringement Notices

Consider allegations of offences alleged to have been committed against this Act in the district of the local government and, if the delegate thinks fit, to institute and carry on proceedings in the name of the local government against any person alleged to have committed any of those offences in the district. NOTE: s59A(3) and infringements Reg 4(a) provide that only the Mayor or the Chief Executive Officer may withdraw an infringement notice.


Bush Fires Act 1954 s59(3) Prosecution of Offences s59A(2) Alternative Procedure - Infringement Notices


Bush Fires Act 1954 s59(3) (Delegation by the local government)


CEO sub-delegates to: Not Applicable Conditions on Delegation

Nil

Health Act 1911

2013/2014 DA29- Health Act 1911 'Appointment of Dep uty' Function Delegated To exercise and discharge all or any of the powers and functions of the local

government Statutory power being Delegated

Health Act 1911 Powers and functions of Local Government


Health Act 1911 s26 Powers of Local Government


Manager Health & Building Services Coordinator Health Services Coordinator Business Support & Environmental Health Projects Senior Environmental Health officer Environmental Health Officer


Nil

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Liquor Control Act 1988

2013/2014 DA30- Liquor Control Act 1988 'Authority to Issue Certificates' Function Delegated An application made to the licensing authority for the grant or removal of a licence, or

for a change in the use or condition of any premises shall be accompanied by a certificate from the local government for the district in which the premises to which the application relates are situated, or are to be situated, unless the licensing authority otherwise determines


Liquor Control Act 1988 s.39 Certificate of local government


Liquor Control Act 1988 s.9.49A(1) Execution of documents


Chief Executive Officer Executive Manager Planning Manager Health and Building Services


N/A

2013/2014 DA31- Liquor Control Act 1988 'Authority to Issue Certificates' Function Delegated An application made to the licensing authority for the grant or removal of a licence, or

for a change in the use or condition of any premises shall be accompanied by a certificate from the local government for the district in which the premises to which the application relates are situated, or are to be situated, unless the licensing authority otherwise determines


Liquor Control Act 1988 s.40 Certificate of local government


Liquor Control Act 1988 s.9.49A(1) Execution of documents


Chief Executive Officer Executive Manager Planning Manager Statutory Planning


N/A

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Gaming and Wagering Commission Act 1987

2013/2014 DA32- Gaming & Wagering Commission Act 19 87 'Authority to Issue Certificates'

Function Delegated An application made to the licensing authority for the grant or removal of a licence, or for a change in the use or condition of any premises shall be accompanied by a certificate from the local government for the district in which the premises to which the application relates are situated, or are to be situated, unless the licensing authority otherwise determines


s.55 Gaming and Wagering Commission Act 1987


Local Government Act 1995 s.9.49A(1) Execution of documents


Chief Executive Officer Executive Manager Planning


N/A

Food Act 2008

2013/2014 DA33- Food Act 2008 'Appointment of Autho rised Officers' Function Delegated The appointment of 'Authorised Officers'

Note: Various powers and functions under the food Act 2008 can only be exercised and undertaken by 'Authorised Officers' eg. powers of entry into a food business, issuing of notices, etc


Food Act 2008 s.122 Appointment of authorised officers


Food Act 2008 s.11892)(b) Functions of enforcement agencies and delegation


Chief Executive Officer Manager Health and Building Services

CEO sub-delegates to: N/A Conditions on Authorisation

1. The appointment is subject to the CEO being satisfied that the person to be an authorised officer has the appropriate qualifications and experience to perform the above functions or the person holds office as an environmental health officer under the Health Act 1911

2. Food Safety Risk Assessment Contractors authorisation cannot undertake enforcement activity, except for the issuing of Improvement Notices under s.62 of the Act

Reference Links

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2013/2014 DA34 - Food Act 2008 'Designated Officers ' Function Delegated The appointment of 'Designated Officers'

Note: Various powers and functions under the Food Act 2008 can only be exercised and undertaken by 'Designated Officers' (which must first be 'Authorised Officers') eg. issuing infringement notices, withdrawing infringement notices


Food Act 2008 S126(2),(3), (6) and (7), 'Infringement Notices'


Food Act 2008 s.126(13) 'Infringement Notices'



CEO sub-delegates to: N/A Conditions on Authorisation

1. In accordance with s.126(13) ... a person who is a designated officer for the purposes of giving infringement notices under subsection (2) is not eligible to be a designated officer for the purposes of any of the other subsections.

2. In accordance with s.126(1) a designated officer must first be an authorised officer (however note DoH regulatory 'Guideline on the Appointment of Authorised Officers - Designated Officers only' that says a person who is not an authorised officer can be designated for the purposes of s.126(3), (6) and (7)

2013/2014 DA35 - Food Act 2008 'Prohibition Notices and Prosecutions' Function Delegated Serve a prohibition order on the proprietor of the food business Statutory power being Delegated

Food Act 2008 s.65 Prohibition Notices


Food Act 2008 s.118(2)(b) Functions of Enforcement Agencies and delegation




Nil

2013/2014 DA36 - Food Act 2008 'Certificates of Cle arance' Function Delegated Giving a certificate of clearance Statutory power being Delegated

Food Act 2008 s.66 Certificate of clearance to be given in certain circumstances


Food Act 2008 s.118(2)(b) Functions of enforcement Agencies and Delegation




Nil

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2013/2014 DA37 - Food Act 2008 'Compensation' Function Delegated Determining applications for compensation following seizure or the issue of a

prohibition notice Statutory power being Delegated

Food Act 2008 s.56 Compensation to be paid in certain circumstances s.70 Compensation


Food Act 2008 s.118(2)(b) Functions of Enforcement Agencies and delegation


Chief Executive Officer Executive Manager Planning Manager Health & Building Services


Nil

Control of Vehicles (Off-Road Areas) Act 1978

2013/2014 DA38 - Control of Vehicles (Off Road Area s) Act 1978 'Appointment of Authorised Persons'

Function Delegated Undertake the powers of an 'Authorised Officer' as prescribed in the Control of Vehicles (Off Road Areas) Act 1978 and regulations.


Powers of an authorised officer as prescribed in the; Control of Vehicles (Off-road Areas) Act 1978; and Control of Vehicles (Off-road Areas) Regulations 1979


Control of Vehicles (Off-road Areas) Act 1978 S38(3) Authorised Officers The Act does not contain a head of power to delegate the appointment of authorised persons to the CEO.


Chief Executive Officer Executive Manager Place Manager Community Safety Customer Advocates


Withdrawal of infringements can only be approved by the Chief Executive Officer or Executive Manager Community Services.

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Caravan Parks and Camping Grounds Act 1995

2013/2014 DA39 - Caravan Parks & Camping Grounds Ac t 1995 'Function Conferred on a Local Government'

Function Delegated To perform the functions conferred on local government


Functions of local government


Caravan Parks and Camping Grounds Regulations 1997 Regulation 6 Local Government




Only applicable to functions under the Regulations

Dog Act 1976

2013/2014 DA40 - Dog Act 1976 'Appointment of Autho rised Persons' Function Delegated Undertake the powers of an authorised person as prescribed in the Dog Act 1976 and

regulations. Statutory power being Delegated

Powers of an authorised person as prescribed in the Dog Act 1976, the Dog Regulations 1976 and the Dog (Restricted Breeds) Regulations No.2 2002


Dog Act 1976 S29(1) 'Power to seize strays etc' This Act does not contain a head of power to delegate the appointment of authorised persons to the CEO.


Chief Executive Officer Executive Manager Place Manager Community Safety Customer Advocates


The ability to withdraw an infringement notice can only be approved by the Chief Executive Officer or Executive Manager Place

25

Local Planning Scheme No.17

2013/2014 DA41 - Local Planning Scheme No. 17 'Stat utory Planning' Statutory Power to Delegate

11.3 Delegations of Functions


Town Planning Functions of the City of Swan Local Planning Scheme No.17

Details of Delegation The Chief Executive Officer is delegated authority to perform the functions of Council in respect of the following matters:

a) Determination of applications for development approval, including applications involving;

i. the variation of scheme provisions, Planning Policy or provisions of the Residential Design Codes; and

ii. the exercise of discretion under the Scheme, Planning Policy or the Residential Design Codes.

b) Refusal of all development applications where the proposed use is not permitted by the Scheme or where the development does not comply with the non-discretionary provisions of the Residential Design Codes or any mandatory statutory requirement of adopted Council policy;

c) Grant an extension of development approval for up to two (2) years; d) Granting variation to relevant Planning Policies and provisions of the

Residential Design Codes on Building Licence applications; e) Making recommendations to the WA Planning Commission in respect of

applications: i. to commence development by a Public Authority on land zoned under

the Metropolitan Region Scheme; and ii. to commence development on land designated as a Regional Reserve

under the Metropolitan Region Scheme where the development accords with the purpose of the reservation under that Scheme.

f) Deletion or modification of conditions of approval, whether imposed under delegated authority or not;

g) Making recommendations to the WA Planning Commission on: • applications for subdivision or amalgamation of land; • minor variations to approved subdivisions; • clearance of conditions of subdivision approval.

h) Determination of Applications for the relocation of Building Envelopes; i) Determination of Structure Plans (as defined by LPS 17) and amendments to

Structure Plans (as defined by LPS 17) for purposes of advertising; j) Final adoption of amendments to Structure Plans (as defined by LPS 17)

provided that the modification is: i. of a minor nature; ii. consistent with the intent of the zone and the Scheme; and iii. unlikely to have a detrimental effect on the amenity of the locality or

any owner or occupier of land in the locality. k) Provision of written and verbal responses to State Administrative Tribunal

(SAT) reviews, mediated settlements resulting from SAT reviews and WA Planning Commission requests for reconsideration;

l) Taking all necessary action against owners and occupiers of properties to cease illegal uses or comply with conditions of Development Approval, including pursuing prosecution through Council's solicitors;

m) Formation of any opinion and consideration of any matter in the exercise of these delegated powers that would be required of Council under the Scheme, including, but not limited to, sufficient information required for the processing of applications, referral and advertising of applications, and interpretation of Scheme provision, relevant planning policies and provisions of the Residential Design Codes.

n) Determination of applications for a built strata approvals and the issuing of Certificates of Approval

Delegation to Chief Executive Officer

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CEO sub-delegates to

Conditions/Exemptions of Delegation

With exception of the Delegation listed under Clause (b) above, all applications will be submitted to a meeting of Council for determination in the following circumstances:

a) Where a delegated decision would be contrary to the intent of a previous decision made at a Council meeting, or any law or regulation;

b) Where written objection is received to the proposal from any statutory agency. c) Where the proposal is inconsistent with the intent of the Local Planning

Scheme, relevant policies, Residential Design Codes, or any Structure Plan (as defined by LPS 17) or Local Planning Strategy adopted by Council;

d) Where notification has been given to adjoining and nearby owners or the general public for comment in accordance with the Local Planning Scheme or any policy and written objections have been received within the time specified, unless in the opinion of the Principal Planner:

i. the proposal is for the exercise of discretion under the R-Codes and is consistent with the intent of the Local Planning Scheme, Residential Design Codes and relevant policy; and

ii. the objections can be overcome by imposing a condition(s) on the development approval, or modifying the design of the development; or

iii. the objection does not relate to valid planning and development issues associated with the proposal.

e) Where, in the opinion of the Principal Planner: i. any of the requirements of this delegation are not satisfied; or ii. there is insufficient certainty as to whether the application complies

with the intent of Scheme, Residential Design Codes or any relevant Council policy; or

iii. it would be in the public interest or consistent with the principles of administrative accountability for Council to determine the application; or

iv. the decision involves a matter of principle which, in the opinion of the Principal Planer, should be made by Council; or

v. a condition recommended by a statutory agency is unnecessary or impractical, or unreasonable to be enforced by the City

ADDITIONAL DELEGATIONS ADOPTED AT COUNCIL MEETINGS.

Council Meeting Date

Details of Delegation Delegation Actioned (insert date)

Governance References

Statutory Compliance

Local Government Act 1995 Local Government (Miscellaneous Provisions) Act 1960 Bush Fires Act 1954 Strata Titles Act 1985 Planning and Development Act 2005 Town Planning Scheme No.17 Food Act 2008

Industry Compliance

Department of Local Government and Regional Development Guideline No.17 Delegations.

Organisational Compliance N/A

Decision Maker Council Proces s Links N/A

27

Corporate Document Administration Business Unit Name Officer Title Contact: Governance Council Support Manager 9267 9110

Risk Complexity Classification 3

Review Frequency Annual Next Due December 2014

Version Decision Reference Syno psis

1. OCM 02/07/08 Revision of previous Delegation Register as adopted OCM 28/11/07.

2. OCM 01/09/2010 Revision 3. OCM 14/12/2010 Amendments to Register 4. OCM 14/12/2011 Annual review with amendments 5. OCM 18/01/2012 Amendment of DA5

Ordinary Meeting of Council 26 March 2014 - City of Swan · Ordinary Meeting of Council 26 March 2014 ... • The Local Government Act 1995 ... Local Planning Scheme No. 17 'Statutory

Documents