1. law, govt and politics

COMMUNITY AND RESOURCES
COMMITTEE MEETING
MONDAY 18 OCTOBER 2010
ATTACHMENT TO ITEM CR10.35
DELEGATION OF AUTHORITY OF CHIEF EXECUTIVE
OFFICER - ANNUAL REVIEW
Section
of Act
5.75
5.75(1)
5.76
5.76(1)
5.77
5.88
5.88(1)
Delegation
Prohibited
CEO authorised by
Council
L G Act
Subdivision 2 — Disclosure of financial interests in returns
Primary returns
A primary return must be lodged within 3 months of the start day
Annual returns
An annual return must be lodged by 31 August each year
Acknowledging receipt of returns
Receipt and acknowledgement of both primary and annual returns
3
3
3
Subdivision 3 — General
Register of financial interests
Maintaining register of financial interests
Division 7
5.94
5.95
5.95(1)(b)
5.96
Access to information
Public can inspect certain local government information
Limits on right to inspect local government information
Determining the extent of a right of inspection of information
Copies of information to be available
Ensuring copies of information available at cost not exceeding provision
Division 8
5.98
5.98(1)(b)
5.98(2)(b)
5.98A
5.98A(1)
5.99
5.99
5.99A
5.99A
5.100
5.100(2)
5.101
5.101(2)
5.102
Fees, expenses and allowances
Fees etc for council members
Set a fee to be paid to a council member for meeting attendance
Approving expenses for reimbursement to Elected Members
Allowance for deputy mayor or deputy president
Decide to pay the deputy mayor an allowance up to the prescribed percentage
Annual fee for council members in lieu of fees for attending meetings
Decide to pay an annual allowance in lieu of reimbursement of expenses
Allowances for council members in lieu of reimbursement of expenses
Decide to pay a prescribed allowance instead of reimbursing council members
Payments for certain committee members
Approving expenses for reimbursement to Committee Members who are not Councillors
Payments for employee committee members
Approving expenses for reimbursement to employees
Expense may be funded before actually incurred
Providing cash advance to person in respect of expense which may be reimbursed
Division 9
5.103
5.103(1)
Conduct of certain officials
Codes of conduct
Preparation of a code of conduct for adoption by counci
Associated Conditions
3
3
3
3
3
3
Prohibited by Section 5.43
3
Prohibited by Section 5.43
3
Prohibited by Section 5.43
3
Prohibited by Section 5.43
3
3
3
3
Page8
LOCAL GOVERNMENT ACT 1995
Section
of Act
Delegation
Prohibited
CEO authorised by
Council
L G Act
Associated Conditions
PART 2: CONSTITUTION OF LOCAL GOVERNMENT
Division 3
2.11
2.11(2)
2.12A
2.12A(1)(b)
2.12A(1)(c)
How offices on the council are filled
Alternative methods of filling the office of mayor or president
A local government may change the method of filling the office of Mayor or Presiden
Procedure to change method to election by counci
Council proposes to change method of filling office of Mayor or Presiden
Give local public notice of proposal to change election method of mayor
Division 5
2.25
2.25(1)
2.27
2.27(3)
Qualifications for holding office on the council
Disqualification for failure to attend meetings
A Council may by resolution grant leave of absence to a member
Procedure to determine qualification to retain membership of counci
Issue of written notice with reasons CEO believes member should be disqualified
3
3
Absolute Majority required
Council decision required
3
3
Council decision required
3
PART 3: FUNCTIONS OF LOCAL GOVERNMENTS
Division 2
Legislative functions of local governments
3.5
3.5(1)
3.6
3.6(1)
Subdivision 1 - Local laws made under this Act
Legislative power of local governments
A local government may make local laws to perform any of its functions under the Ac
Places outside the district
With the Governor's approval, a local law can be applied to an area not in a distric
3.12
3.12(3)
3.12(4)
3.12(5)
3.12(6)
3.15
3.15
3.16
3.16(1)
3.16(2)
3.16(3)
3.16(4)
Subdivision 2 — Local laws made under any Act
Procedure for making local laws
Giving statewide public notice in relation to proposed local law
Local government may adopt a local law
Publishing local law in GovernmentGazette
Giving local public notice that local law has been adopted
Local laws to be publicized
Taking reasonable steps to inform the people of the district regarding local laws
Periodic review of local laws
Review local laws within 8 years of day of local law commencement
Give statewide notice of review.
Consider submissions and submit a report to council
Local government may determine if any of its local laws should be repealed or amended
3
Minister's approval required
3
Governor's approval required
3
3
3
3
Absolute Majority required
3
3
3
3
3
Absolute Majority required
Page1
Section
of Act
Division 3
3.21
3.22
3.22(1)
3.25
3.25(1)
3.26
3.26(2)
3.26(3)
3.27
3.27(1)
3.31
3.31(2)
3.32
3.32(1)
3.33
3.33(1)
3.34
3.34(1)
3.34(5)
3.36
3.36(3)
Delegation
Prohibited
CEO authorised by
Council
L G Act
Associated Conditions
Executive functions of local governments
Subdivision 1 — Performing executive functions
Duties when performing functions
Ensure that the obligations of the local government are complied with
Compensation
A local government that causes damage through the performance of its function must pay
compensation to the owner or occupier.
Subdivision 2 — Certain provisions about land
Notices requiring certain things to be done by owner or occupier of land
Giving notices to do things prescribed in Schedule 3.1, Division 1 or Division 2
Additional powers when notices given
Authorising action to be undertaken if notices issued under section 3.25 are not complied with
and continuing to undertake works not carried out
Recover the costs as a debt.
Particular things local governments can do on land that is not local government property
Authorising things prescribed in Schedule 3.2 to be done on land that is not local governmen
property.
Subdivision 3 — Powers of entry
General procedure for entering property
After giving notice, authorising a person to enter land premises or thing without consent unless owne
or occupier has objected.
Notice of entry
Giving notice of intended entry onto land.
Entry under warrant
Authorising the seeking of a warrant to enter land
Entry in an emergency
A local government may enter land in an emergency without notice or consen
Although notice not required, it should be given if practicable to do so
Opening fences
Authorising the opening of fences and provision of gates subject to 3 days notice to owner/occupier
3
3
3
3
3
3
3
3
3
3
3
3
Page2
DELEGATED AUTHORITY APPROVALS REGISTER
Request
Date
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
1-Oct-09
5-Oct-09
8-Oct-09
23-Oct-09
23-Oct-09
27-Oct-09
28-Oct-09
19-Nov-09
27-Nov-09
1-Dec-09
8-Dec-09
17-Nov-09
1-Dec-09
1-Dec-09
15-Dec-09
18-Dec-09
18-Dec-09
22-Dec-09
22-Dec-09
11-Dec-09
5-Jan-10
8-Jan-10
8-Jan-10
8-Jan-10
19-Jan-10
19-Jan-10
25-Jan-10
21-Jan-10
21-Jan-10
21-Jan-10
1-Feb-10
2-Jan-10
4-Feb-10
4-Feb-10
24-Dec-09
4-Feb-10
18-Feb-10
Delgn
Ref No
Council
Item No
Dated
10.2
28-Jul-09
Pol 2.1.10
10.2
GC08.100
GC08.100
10.2
GC09.68
28-Jul-09
16-Dec-08
16-Dec-08
28-Jul-09
23-Oct-09
Pol 2.1.10
A5.11
10.2
28-Jul-09
Pol 2.1.10
GC08.100
GC08.100
GC08.100
16-Dec-08
16-Dec-08
16-Dec-08
10.2
10.2
GC08.100
28-Jul-09
28-Jul-09
16-Dec-08
A5.5
A5.11
A5.5
A5.5
GC09.68
13-Oct-09
A5.5
LGA 9.10
ONGOING
10.2
EPA 1986 Del #68
10.2
LGA 9.10 ONGOING
LGA 9.10 ONGOING
LGA 9.10 ONGOING
10.2
LGA 9.10 ONGOING
GC09.89
A5.11
A5.5
A5.11
A5.5
28-Jul-09
28-Jul-09
28-Jul-09
22-Dec-09
Delegation Title
Light Vehicle Fleet Replacement Strategy
Application for Extended Trading Permit
Light Vehicle Fleet Replacement Strategy
Ocean Mia Sales Strategy
Ocean Mia Sales Strategy
Light Vehicle Fleet Replacement Strategy
Bush Fires Act Notice (Section 33)
Application for Extended Trading Permit
Waiving of Fees and Charges
Light Vehicle Fleet Replacement Strategy
Application for Extended Trading Permit
Ocean Mia Sales Strategy
Ocean Mia Sales Strategy
Ocean Mia Sales Strategy
Reallocation of Funds Within Cost Centres
Waiving of Fees and Charges
Light Vehicle Fleet Replacement Strategy
Light Vehicle Fleet Replacement Strategy
Ocean Mia Sales Strategy
Reallocation of Funds Within Cost Centres
Reallocation of Funds Within Cost Centres
Procurement Procedures
Reallocation of Funds Within Cost Centres
Delegation and Appt of Auth Person
Light Vehicle Fleet Replacement Strategy
Approval of Non Complying Events (Noise)
Light Vehicle Fleet Replacement Strategy
Delegation and Appt of Auth Person
Delegation and Appt of Auth Person
Delegation and Appt of Auth Person
Light Vehicle Fleet Replacement Strategy
Delegation and Appt of Auth Person
Delegated Authority Christmas/New Year Recess
Waiving of Fees and Charges
Reallocation of Funds Within Cost Centres
Waiving of Fees and Charges
Reallocation of Funds Within Cost Centres
Subject
Replace Light Vehicle - 1CIT 241 L Rowley Compliance
City Beach Tennis Club 17 October, 12 December 2009
Replace Light Vehicle - 1CJT 027 J Buckley CEO
Sale of Lot 522 Gali Lane City Beach
Sale of Lot 537 Omaroo Terrace City Beach
Replace Light Vehicle - 1CJC 406 I Birch Development
Notice to owners of vacant properties to install firebreaks
City of Perth SLSC 5 December 2009
Redkite WA Fundraiser "La Sylphide" Quarry 14 Jan 2010
Replace Light Vehicle - 1CQK 806 B Green Building Surveyor
Nirvana Social Club 31 December 2009
Sale of Lot 523 Gali Lane City Beach
Sale of Lot 524 Gali Lane City Beach
Sale of Lot 526 Gali Lane City Beach
Library/Boulevard Centre Airconditioer replacement
Swimwear sale (20% discount) BPAC 21 Dec 2009 to 31 Jan 2010
Replace Light Vehicle - 1COM357 R Ruitenga Manager Finance
Replace Light Vehicle - 1CLO013 C Silvestro Crew Leader Works
Sale of Lot 527 Gali Lane City Beach
Information Systems - Cambridge Library Cost Centre
Lake Monger Reserve Repair Irrigation Pump
Purchase of new Flocon Truck
City Beach Oval Replace Irrigation Pump Motor 35
Ranger Mark Andrew Sargent and Ashley Atlas Brewis
Replace Light Vehicle - 1CML683 T Ngatai GIS Officer
ToC Exposure Concert City Beach 30 January 2010
Replace Light Vehicle - 1CMX173 c Robbins Director CD
Team Leader Ranger Services Paul Ian O'Keefe
Ranger Geoffrey Robert Hinge
Ranger Administration Officer Catherine Jane England
Replace Light Vehicle - 1CDS 089 Senior Services SLWB Van
Mgr Compliance/ Principal EHO Ashley W B Rowley
Tender T19-09 Design, etc and Install Shade Sail Structures
Nirvana Social Club 30 Jan Donation to Toodyay Fire Appeal
Purchase of Personnel Mobile Scaffolding
Nirvana Social Club Donation of Hall Hire Fee to Toodyay Fires
Purchase of NaCl dosing pump
Area
$
IN
DEV
IN
COR
COR
IN
DEV
DEV
COM
IN
DEV
COR
COR
COR
COR
COM
IN
IN
COR
COM
IN
IN
IN
DEV
IN
DEV
IN
DEV
DEV
DEV
IN
DEV
IN
CD
IN
COM
COM
15,286
0
21,909
930,000
890,000
23,432
0
0
724
7,723
0
895,000
895,000
890,000
6,200
0
14,781
13,176
889,000
11,000
8,201
154,360
15,690
0
9,004
0
13,338
0
0
0
26,278
0
87,200
160
16,000
445
2,550
DELEGATED AUTHORITY APPROVALS REGISTER
Request
Date
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
11-Feb-10
23-Feb-10
23-Feb-10
26-Feb-10
2-Mar-10
5-Mar-10
9-Mar-10
9-Mar-10
9-Mar-10
18-Mar-10
22-Mar-10
31-Mar-10
6-Apr-10
13-Apr-10
19-Apr-10
19-Apr-10
9-Mar-10
23-Apr-10
11-May-10
28-Apr-10
19-May-10
1-Jun-10
8-Jun-10
9-Jun-10
8-Jun-10
2-Jun-10
15-Jun-10
9-Jun-10
25-Jun-10
30-Jun-10
6-Jul-10
15-Jun-10
8-Jul-10
23-Jul-10
27-Jul-10
27-Jul-10
5-Aug-10
Delgn
Ref No
Council
Item No
LGA 3.50 GC08.73
A5.5
A5.5
Pol 2.1.10
A5.5
A5.5
A5.5
A5.5
A5.5
A5.5
A5.5
GC08.100
A5.5
Pol 2.1.10
GC08.100
Pol 2.1.10
GC08.100
GC08.100
Pol 2.1.10
EPA 1986
Del 68
Pol 2.1.10
A5.11
A5.5
10.2
A5.5
10.2
A5.5
Pol 2.1.10
A5.12
A5.11
LGA 5.44
A5.5
s39 Liquor Control Act
A5.11
10.2
LGA 9.10 ONGOING
10.2
Dated
1-Oct-08
16-Dec-08
16-Dec-08
16-Dec-08
16-Dec-08
28-Jul-09
28-Jul-09
28-Jul-09
28-Jul-09
Delegation Title
Delegation to CEO #14 Temporary Road Closures
Reallocation of Funds Within Cost Centres
Reallocation of Funds Within Cost Centres
Application for Extended Trading Permit
Reallocation of Funds Within Cost Centres
Reallocation of Funds Within Cost Centres
Reallocation of Funds Within Cost Centres
Reallocation of Funds Within Cost Centres
Reallocation of Funds Within Cost Centres
Reallocation of Funds Within Cost Centres
Reallocation of Funds Within Cost Centres
Ocean Mia Sales Strategy
Reallocation of Funds Within Cost Centres
Application for Extended Trading Permit
Ocean Mia Sales Strategy
Application for Extended Trading Permit
Ocean Mia Sales Strategy
Ocean Mia Sales Strategy
Application for Extended Trading Permit
Approval of Non Complying Events (Noise)
Application for Occasional Liquor Licence
Waiving of Fees and Charges
Reallocation of Funds Within Cost Centres
Light Vehicle Fleet Replacement Strategy
Reallocation of Funds Within Cost Centres
Light Vehicle Fleet Replacement Strategy
Reallocation of Funds Within Cost Centres
Application for Extended Trading Permit
Unrecoverable Debts - Write Off
Waiving of Fees and Charges
Authority to Sign Documents
Reallocation of Funds Within Cost Centres
Application for Extended Trading Permit
Waiving of Fees and Charges
Light Vehicle Fleet Replacement Strategy
Delegation and Appt of Auth Person
Light Vehicle Fleet Replacement Strategy
Subject
Area
$
Temporary Road Closures for events at Subiaco Oval 2010
Perry Lakes Reserve - Poplar Removal
Purchase of Printers
JB O'Reillys St Patricks Day 17 March 2010
Purchase of ID Card Printer
Maloney Park Shade Sail
Air Extraction System - Sydney Cheek Pavilion
Lothian Park West Shade Sail
Painting South City Beach Kiosk and Changerooms
Purchase of two X3 Autocite infringement machines
Pool Filtering System - replace filter (tube plate)
Sale of Lot 537 Omaroo Terrace City Beach
Replace Hot Water System in Council Kitchen
Wembley Amateur Football Club 17 April 2010
Sale of Lot 524 Gali Lane City Beach
City Beach Tennis Club 15 May 2010
Sale of Lot 536 Omaroo Terace City Beach
Sale of Lot 533 Omaroo Terace City Beach
Nirvana Social Club 17 July 2010
Relay for Life WA Athletics Centre 1 and 2 May 2010
Western Whalers Football Club 5 June 2010
Swimwear sale (20% discount) BPAC 1 Jun 2010 to 30 Jun 2010
City Beach Oval Lights - Reallocation from Perth Netball Study
Replace Light Vehicle - 1CSU 944 N Clifford Manager Library Services
Ocean Village Disability Access Path
Replace Light Vehicle - 1CVD 712 D Krsteski W&E Crew Leader
Quarry Amphitheatre (Cavern) Renovations
Wembley Hotel (Gaudy Investments) 20 and 24 June 2010
Sundry Debtors submitted for write off
Wembley Blue Light Disco - Special Charity Event
Sign RLCIP-SP documents re Perry Lakes Aquifer. J Lyon
Waterwise Council Status works
Dutch Society Neerlandia of WA World Cup 12 July 2010
Wembley Golf Course GCSAWA AGM 10 August : 40 x Green Fees
Replace Light Vehicle - 1CPB 214 N Tyler Development Liaison
Dog Act Authorisation Erin Clare Neary
Replace Light Vehicle - 1CIH 085 P Vianna Depot
DEV
INF
COR
DEV
GOV
INF
INF
INF
INF
DEV
COM
COR
INF
DEV
COR
DEV
COR
COR
DEV
DEV
DEV
COM
COM
IN
IN
IN
IN
DEV
COM
COM
COR
DEV
DEV
COM
INF
DEV
INF
0
17,000
2,200
0
3,000
1,360
20,000
15,600
8,000
14,200
4,000
890,000
1,600
0
895,000
0
885,000
855,000
0
0
0
0
2,500
8,806
10,000
11,117
24,000
0
109
0
0
14,710
0
1,120
9,761
0
20,245
DELEGATED AUTHORITY APPROVALS REGISTER
Request
Date
75
76
77
78
79
80
81
82
83
Delgn
Ref No
Council
Item No
10-Aug-10
10.2
10-Aug-10
10.2
27-Jul-10 LGA 9.10 ONGOING
12-Aug-10
10.2
27-Aug-10
10.2
24-Aug-10
GC08.10
21-Sep-10 s39 Liquor Control Act
Dated
28-Jul-09
28-Jul-09
Delegation Title
Light Vehicle Fleet Replacement Strategy
Light Vehicle Fleet Replacement Strategy
Delegation and Appt of Auth Person
28-Jul-09 Light Vehicle Fleet Replacement Strategy
28-Jul-09 Light Vehicle Fleet Replacement Strategy
26-Feb-08 Lot 219 Bendigo Way Subdivision
Application for Extended Trading Permit
Subject
Replace Light Vehicle - 1CIY 212 T Sarapis Parks Operations
Replace Light Vehicle - 1CHO 433 Gek Tay Parks Reticulation
Dog Act Authorisation Christina Gallagher
Replace Light Vehicle - 1COC 817 C Colyer Director Infrastructure
Replace Light Vehicle - 1COD 314 J Lyon Director C and S
Reallocation of funds to cover relocation of Telstra cable
City Beach Tennis Club 16 October 2010
Area
$
INF
INF
DEV
INF
INF
COR
DEV
14,492
22,285
0
33,832
20,700
10,500
0
Section
of Act
3.39
3.39(1)
3.40
3.40(2)
3.40(3)
3.40A
3.40A(1)
3.40A(2)
3.40A(4)
3.42
3.42(1)
3.44
3.46
3.46(1)
3.46(2)
3.47
3.47(1)
3.47(2)
3.47(2a)
3.47A
3.47A(1)
3.48
3.50
3.50(1)
3.50(1a)
3.50(4)
3.50(6)
3.50(8)
3.50A
3.51
3.51(3)
3.52
3.52(2)
3.52(3)
Delegation
Prohibited
Subdivision 4 — Impounding goods involved in certain contraventions
Power to remove and impound
A local government may authorise an employee to remove and impound any goods
Vehicle may be removed if goods to be impounded are in or on the vehicle
Allowing an offender to resume control of the vehicle once the goods are removed
Giving notice to the vehicle licence holder to collect the vehicle
Abandoned vehicle wreck may be taken
A local government may authorise a person to remove and impound an abandoned vehicle wreck or
declare that a vehicle is an abandoned vehicle wreck
If owner identified, giving notice that a removed abandoned vehicle wreck may be collected
If owner not identified, declaring the vehicle an abandoned vehicle wreck
Impounded non-perishable goods
Giving notice to collect impounded goods.
Notice to collect goods if not confiscated
Giving notice to collect impounded goods following prosecution
Goods may be withheld until costs paid
Refusal to allow impounded goods to be collected until costs have been paid
Refusal to allow removed goods to be collected until costs have been paid
Disposing of confiscated or uncollected goods
Disposing of confiscated goods.
Disposing of vehicles declared as abandoned .
Disposing of uncollected impounded goods.
Disposal of sick or injured animals
Disposal of sick or injured impounded animals where treatment is not practicable
Recovery of impounding expenses
Initiating court action for recovery of impounding expenses
Subdivision 5 — Certain provisions about thoroughfares
Closing certain thoroughfares to vehicles
Closing certain thoroughfares to vehicles for not more than 4 weeks
Closing certain thoroughfares to vehicles for more than 4 weeks
Giving local public notice of the proposed closure
Revoking closure of thoroughfares
Giving local public notice of the proposed closure as soon as practicable after closure
Partial closure of thoroughfare for repairs or maintenance
Partially and temporarily closing thoroughfares without giving local public notice
Affected owners to be notified of certain proposals
Giving notice of and authorising the:1. fixing or altering the level of, or alignment of a public thoroughfare 3.51(2)(a)
2. draining of water from a public thoroughfare or other public place onto adjoining land. (2)(b
Public access to be maintained and plans kept
Ensuring that public thoroughfares are kept open unless closed or restricted
When undertaking works on public thoroughfare, ensure vehicle access to adjoining land is provided
CEO authorised by
Council
L G Act
Associated Conditions
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
Temporary closures only
Public Notice required.
3
3
3
Public Notice required
Public Notice required
3
3
Page3
Section
of Act
3.53
3.53(3)
3.54
3.54(1)
3.57
Regs
3.58
3.58(2)
3.58(3)
3.59
3.59(2)
3.59(4)
3.59(5)
Delegation
Prohibited
Subdivision 6 — Various executive functions
Control of certain unvested facilities
If an unvested facility lies within 2 or more districts, authorising agreement on its control and
management
Reserves under control of a local government
A local government may do anything it could do under the Parks and Reserves Act 1895 if it were a
Board appointed under that Act to control and manage land vested in the local governmen
Tenders for providing goods or services
Relevant Local Government (Functions and General) Regulations include:
Regulation 14: Requirements for publicly inviting tenders
Regulation 16: Receiving and opening tenders
Regulation 17: Tenders register
Regulation 18(4)(5): Any tender not rejected must be considered. May decline to accept any tende
Regulation 19: Tenderers to be notified of outcome
Regulation 20: Variation of requirements before entry into contrac
Regulation 21 (1): Determination to seek expressions of interest prior to tendering
Regulation 21 (3): Giving notice of seeking of expressions of interes
Regulation 23 (3) and (4): Consideration of expressions of interes
Regulation 24: Persons expressing interest to be notified of outcome
Regulation 30: Disposition of land exempt if ownership only significant to transferee
Disposing of property
Disposing of property only to highest bidder or most acceptable tender
Disposing of property in other ways (private treaty) provided public notice given
Commercial enterprises by local governments
Preparing a business plan before entering into a major trading undertaking or land transaction
Giving statewide public notice of a proposed major trading undertaking or land transaction
Local government muust consider submissions and decide whether to proceed
CEO authorised by
Council
L G Act
Associated Conditions
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
Amount limited in accordance with
LG (Functions and General) Regs
Council approval required for
tenders over $100,000
Limited to minor variations
Public Notice required.
Limited to operational matters only
3
3
Public Notice required for assets
with market value over $20,000
3
3
Council decision required
Absolute Majority required
PART 4: ELECTIONS AND OTHER POLLS
Division 4
4.9
4.9(1)
Extraordinary elections
Election day for extraordinary election
If Mayor hasn't, Council must fix day of poll for extraordinary election
Division 6
4.16
4.16(4)
4.17
4.17(2)
Division 7
4.20
4.20(2)
4.20(4)
4.28
3
Council decision required
Postponement and consolidation of elections
Postponement of elections to allow consolidation
Council may decide to postpone extraordinary election to coincide with ordinary election
Cases in which vacant offices can remain unfilled
Council may decide to leave position vacant pending ordinary election
3
WAEC approval required
3
WAEC approval required
Provisions about electoral officers and the conduct of elections
CEO to be returning officer unless other arrangements are made
Local government may appoint a person as the returning officer other than the CEO
Local government may declare the Electoral Commissioner responsible for the election
Fees and expenses
Authorising payment of fees for and expenses of electoral officers etc
3
3
WAEC approval required
WAEC approval required
3
Page4
Section
of Act
Division 8
4.31
4.31(1)(b)(ii)
4.32
4.32(4)
4.34
4.35
4.35(1)
Division 9
4.37
4.37(3)(b)
4.39
4.39(2)
4.40
4.40(1)
4.41
4.41(1)
4.42
4.42(1)
4.50
4.57
4.57(3)
4.59
4.61
4.61(2)
4.71
Division 10
4.84
Delegation
Prohibited
Eligibility for enrolment
Rateable property: ownership and occupation
Determining ward location of property situated in two wards
How to claim eligibility to enrol under section 4.30
Determining claims for enrolment as an elector
Accuracy of enrolment details to be maintained
CEO to ensure electors information is up to date and accurate
Decision that eligibility to enrol under section 4.30 has ended
Determining whether eligibility for enrolment as an elector has ceased
The electoral process
New roll for each election
Determining suitability of previous electoral roll for extraordinary election
Close of enrolments
Giving statewide public notice of the close of enrolments
Residents roll
Advising the Electoral Commission of the need to prepare a residents rol
Owners and occupiers roll
Preparation and certification of the owners and occupiers rol
Supply of rolls to returning officer, members and candidates
Supplying copies of roll to Returning Officer and others
How deposits are dealt with
Local Government (Elections) Regulations 26 - 28 Receipt and refunding of deposits
Less candidates than vacancies
Local government may appoint eligible person to any unfilled office if insufficient candidates
Regulations about candidates
Local Government (Elections) Regulations 30B, D, F : Receipt and disclosure of gifts
Local Government (Elections) Regulations 30G: Establish and maintain electoral gift register
Choice of methods of conducting the election
Local government may decide to use postal voting for an election
Regulations about voting procedure
Local Government (Elections) Regulations 9(1):Fees be paid to Electoral Officer
Local Government (Elections) Regulation 28(1b)(b): Refunding candidate deposits
Validity of elections
Regulations about retention and availability of electoral papers
Local Government (Elections) Regulations 82, 83: Receipt, storage and destruction of
election papers
CEO authorised by
Council
L G Act
Associated Conditions
3
3
3
3
3
WAEC approval required
3
3
3
3
3
3
Absolute Majority required
3
3
3
Absolute Majority required
3
3
3
Page5
Section
of Act
Delegation
Prohibited
CEO authorised by
Council
L G Act
Associated Conditions
PART 5: ADMINISTRATION
Division 1
5.2
5.2
Division 2
Introduction
Administration of local governments
Council must ensure there is an appropriate administration structure
5.3
5.3(1)
5.4
5.4
5.5
5.5(1)
5.5(2)
Regs
Council meetings, committees and their meetings and electors’ meetings
Subdivision 1 - Council meetings
Ordinary and special council meetings
The Council must hold ordinary meetings and may hold special meetings
Calling council meetings
The Council may decide to hold an ordinary or a special meeting
Convening council meetings
Giving notice of ordinary meeting of Council
Giving notice of special meeting of Council
Relevant Local Government (Administration) Regulations include:Local Government (Administration) Regulation 12: Public notice of Council/Committee meetings
Local Government (Administration) Regulation 14: Public inspection of certain documents
5.8
5.8
5.15
5.15
5.16
5.16(1)
5.18
Subdivision 2 - Committees and their meetings
Establishment of committees
A local government may establish committees of 3 or more people to assist with powers and duties
Reduction of quorum for committees
Local government may reduce the quorum for a committee meeting
Delegation of some powers and duties to certain committees
Local government may delegate any of its powers and duties to a committee
Register of delegations to committees
Keep a register of delegations made and review delegations each financial year
5.27
5.27(2)
5.29
5.29(1)
Division 4
5.36
5.36(1)
5.36(4)
5.37
5.37(1)
5.37(2)
5.37(3)
5.38
5.38
3
3
3
3
3
3
3
3
Absolute Majority required
3
Absolute Majority required
3
Absolute Majority required
3
Subdivision 4 - Electors’ meetings
Electors general meetings
General meeting to be held not more than 56 days after acceptance of annual repor
Convening electors’ meetings
Notice to be given
Local government employees
Local government employees
A local government must employ a suitably qualified CEO with satisfactory employment contrac
If CEO position becomes vacant, it is to be advertised in the prescribed manner
Senior employees
Certain employees may be designated as senior employees
Council may accept or reject CEO recommendation to employ or dismiss senior employee
Vacancies must be advertised in the prescribed manner
Annual review of certain employees' performances
The performance of each employee employed more than 1 year needs to be reviewed
3
3
3
3
3
Absolute Majority required
3
3
3
Page6
Section
of Act
5.41
5.41(f)
5.41(g)
5.42
5.42(1)
5.43
5.43
5.44
5.44(1)
5.46
5.46(1)
5.47
5.47(1)
5.50
5.50(1)
5.50(2)
Division 5
5.53
5.53(1)
5.54
5.54(1)
5.55
5.56
5.56(1)
Regs
Division 6
5.66
5.69
5.69(1)
5.69A
5.69A(1)
5.71
Delegation
Prohibited
Functions of CEO
Speak on behalf of the local government
CEO responsible for the employment of other employees
Delegation of some powers and duties to CEO
Local government may delegate to the CEO any of its powers and duties
Limits on delegations to CEOs
Local government cannot delegate specified powers and duties
CEO may delegate powers and duties to other employees
CEO may delegate the exercise of any powers prescribed other than the power of delegation
Register of, and records relevant to, delegations to CEOs and employees
CEO to keep register of delegations to CEO and to employees
Superannuation for employees
Provide superannuation and other benefits for employees as required by law
Payments to employees in addition to contract or award
Policy to be prepared setting out circumstances for payment of gratuity and give public notice
Additional payments may be made in excess of policy but must be advertised
Annual reports and planning
Annual reports
Preparation of the Annual Report
Acceptance of annual reports
Accept the annual report by 31 December after that financial year
Notice of annual reports
Giving local public notice of availability of Annual Report
Planning for the future
Preparation of Plan for the Future for submission to Council
Relevant Local Government (Administration) Regulations include:Local Government (Administration) Regulation 19C: Review plan every 2 years
Local Government (Administration) Regulation 19D: Giving local public notice of availability of plan
CEO authorised by
Council
L G Act
3
3
3
Associated Conditions
Mayor's agreement required
Casual employees only
Absolute Majority required
Can't delegate power of delegation
As listed
3
3
Can't delegate power of delegation
3
3
Within annual budgets
3
3
Public Notice required
3
Council acceptance required
3
Absolute Majority required
3
3
Council acceptance required
3
3
Council acceptance required
Disclosure of financial interests
Subdivision 1 — Disclosure of financial interests in matters affecting local
government decisions
Meeting to be informed of disclosures
Receipt and forwarding of notice of disclosure of interest by member
Minister may allow members disclosing interests to participate etc. in meetings
Make application to Minister to allow disclosing member to participate in a meeting
Minister may exempt committee members from disclosure requirements
Application to Minister to exempt members of a Committee from disclosure requirements
Employees to disclose interests relating to delegated functions
Receipt of notice of disclosure of interest by employee or CEO
3
3
3
3
3
3
Page7
Section
of Act
Delegation
Prohibited
CEO authorised by
Council
L G Act
Associated Conditions
PART 6: FINANCIAL MANAGEMENT
Division 2
6.2
6.2(1)
6.3
Annual budget
Local government to prepare annual budget
Preparation of annual budget by 31 August for adoption by counci
Adoption of annual budget by 31 August or such time as the Minister may allow
Budget for other circumstances
Preparation of budget imposing a supplementary general rate or specified area rate
Adoption of budget imposing a supplementary general rate or specified area rate
Division 3
6.4
6.4(1)
6.4(3)
Reporting on activities and finance
Financial report
Preparation of annual financial report.
Preparation of accounts and annual financial report by 30 September each year
Division 4
Regs
General financial provisions
Local Government (Financial Management) Regulations including:Regulation 5(1)(a): proper collection of money owing
Regulation 5(1)(b): safe custody and security of money collected or held
Regulation 5(1)(c): maintenance and security of financial records
Regulation 5(1)(d): proper accounting for income, expenses, assets and liabilities
Regulation 5(1)(e): proper authorisation for incurring of liabilities and making payments
Regulation 5(1)(f): maintenance of payroll, stock control and costing records
Regulation 5(1)(g): preparation of budgets and reports required by LG Act or regulations
Regulation 5(2)(a): ensuring effective and efficient management of resources
Regulation 5(2)(b): assist with review of fees and charges
Regulation 5(2)(c): reviews of financial management systems and procedures
Regulation 8(1): maintaining separate accounts for municipal fund, trust fund and reserve funds
Regulation 11(1): develop procedures for cheques, credit cards, purchasing cards petty cash systems etc
Regulatiion 11(2): develop procedures for approval of accounts
Regulation 13(2): prepare monthly list of accounts for approval by counci
Regulation 19(1): establish and document internal controls over investments
Regulation 34(1): prepare monthly financial reports
Regulation 34(2)(c): provide supporting documentation for each statement of financial activity
Accounts and records
Keeping and maintaining accounts and records up to date and ready for inspection at any time
Funds to be established
Establishing and maintaining municipal fund and trust fund. See also Local Governmen
(Financial Management) Regulation 8(1).
Municipal fund
Application of funds in municipal fund towards the performance of the functions and exercise o
the powers conferred on the local government.
6.5
6.6
6.6(1)
6.7
6.7(1)
3
3
3
Council adoption required
Absolute Majority required
3
Council adoption required
Absolute Majority required
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
Page9
Section
of Act
6.9
6.9(3)
6.9(4)
6.11
6.11(1)
6.11(2)
6.11(2)
6.12
6.12(1)(a)
6.12(1)(b)
6.12(1)(c)
6.12(3)
6.13
6.13(1)
6.14
6.14(1)
Division 5
6.16
6.16(1)
6.16(3)
6.17
6.17(1)
6.19
6.20
6.20(1)
6.20(2)
6.20(2)
6.20(3)
6.20(3)
Delegation
Prohibited
Trust fund
Application of funds in trust fund.
Transfer of trust fund monies to municipal fund after 10 years
Reserve accounts
Establishing and maintaining reserve accounts.
Change the purpose of a reserve account or use money held in reserve for another purpose
Giving local public notice of a proposal to change the purpose of a reserve accoun
Power to defer, grant discounts, waive or write off debts
Granting a discount or incentive for early payment of any money
Waiving or granting concessions or money owed in relation to any amount of money
Write off any amount of money
Granting concessions subject to conditions
Interest on money owing to local governments
Apply interest to any money the local government is owed other than rates and service charges
Power to invest
Investment of money held in municicipal fund or trust fund
Financing local government activities
Subdivision 2 — Fees and Charges
Imposition of fees and charges
Impose a fee or charge for any goods or services provided
Impose fees and charges when adopting budget and imposing and amending fees
and charges during the year
Setting the level of fees and charges
Determining the amount of a fee or charge for a service or for goods
Local government to give notice of fees and charges
Giving public notice of the intention to charge and the date from which charge will apply
Subdivision 3 - Borrowings
Power to borrow
Borrow money, obtain credit or extend financial accommodation in other ways
Any proposal to borrow arising during the year which is unbudgetted
Giving one month public notice of borrowing unbudgetted funds
If borrowing and then not proceeding with proposal or having unspent, borrowed funds, using funds
for another purpose
Giving one month public notice of using unspent, borrowed funds for another purpose
CEO authorised by
Council
L G Act
Associated Conditions
3
3
3
3
3
3
3
3
CEO to maintain accounts only
Absolute Majority required
Absolute Majority required
3
3
3
3
3
Absolute Majority required
Subject to Council Policy 3.2.5
Absolute Majority required
Absolute Majority required
3
Council decision required
3
3
3
3
3
Prohibited by Section 5.43
Prohibited by Section 5.43
Absolute Majority required
3
Page10
Section
of Act
Division 6
Delegation
Prohibited
Rates and service charges
When adopting budget, impose a general rate and a specified area rate to make up a budget deficiency
Differential general rates
Imposing differential general rates
Minimum payment
Imposing a minimum payment on any rateable land
Local government to give notice of certain rates
Giving local public notice of intention to impose differential rates
Specified area rates
Imposing a specified area rate on rateable land
Refunding or crediting overpayments of specified area rates
Service charges
Refunding or crediting overpayments of service charges imposed on owners
Refunding or crediting overpayments of service charges imposed on occupiers
6.39
6.39(1)
6.39(2)
6.40
6.40(1)
6.40(2)
6.40(3)
6.40(4)
6.41
6.41(1)
Subdivision 3 — Imposition of rates and service charges
Rate record
Compilation of rate record
Amendment of rate record
Effect of amendment of rate record
Reassessment of rates or service charges and notices to landowners following amendmen
Advice to landowner of change in a service charge
Refunding or crediting overpayments of rates following change
Refunding or crediting overpayments of service charges following change
Service of rate notice
Preparation and giving of rate notice
6.50
6.50(1)
Regs
6.51
6.51(1)
Associated Conditions
Rates and service charges
Subdivision 2 — Categories of rates and service charges
6.32
6.32(1)
6.33
6.33(1)
6.35
6.35(1)
6.36
6.36(1)
6.37
6.37(1)
6.37(5)
6.38
6.38(5)
6.38(6)
6.46
6.46
6.47
6.47
6.49
CEO authorised by
Council
L G Act
Subdivision 4 — Payment of rates and service charges
Discounts
Grant a discount or incentive for early payment when imposing a rate or service charge
Concessions
Waive a rate or service charge or grant a concession when imposing rates and service charges
Agreement as to payment of rates and service charges
Entering into agreements with persons for the payment of rates and service charges
Rates or service charges due and payable
Determining date on which rates and service charges become due and payable
Local Government (Financial Management) Regulations including:Regulation 66(2): revoking right to pay by instalments if instalment unpaid after next instalment due
Regulation 66(3)(b): advising ratepayer in writing of revocation
Accrual of interest on overdue rates or service charges
Impose interest on a rate, service charge or any costs of recovery remaining unpaid
3
Absolute Majority required
3
Absolute Majority required
3
Absolute Majority required
3
3
3
Absolute Majority required
3
3
3
3
3
3
3
3
3
3
Absolute Majority required
3
Absolute Majority required
3
3
3
3
3
Absolute Majority required
Page11
Section
of Act
6.56
6.56(1)
6.60
6.60(2)
6.60(3)
6.60(4)
6.61
6.61(1)
6.64
6.64(1)
6.64(2)
6.64(3)
6.69
6.69(2)
6.69(3)
6.71
6.71(1)
6.71(3)
6.74
6.74(1)
Regs
6.76
6.76(4)
6.76(5)
6.76(6)
Delegation
Prohibited
Subdivision 5 — Recovery of Unpaid Rates and Service Charges
Rates or service charges recoverable in court
Initiation of legal proceedings to recover overdue rates or service charges
Local government may require lessee to pay rent
Requiring lessee to pay rent in satisfaction of overdue rates or service charges
Lessor is to be given a copy of the notice
Amount may be recovered from the lessee as debt
Requirement to give name of person liable
Requiring occupier or agent of owner to disclose name and address of owner
CEO authorised by
Council
L G Act
Associated Conditions
3
3
3
3
3
Subdivision 6 — Actions against land where rates or service charges unpaid
Actions to be taken
Taking possession of or lodging caveat on land subject to overdue rates or service charges
Giving notice and affixing the notice
Lodging a caveat to preclude dealings in the land where rates or service charges in arrears
Right to pay rates, service charges and costs, and stay proceedings
Accept payment of outstanding rates or service charges
Arrange stay of recovery proceedings
See also Local Government (Financial Management) Regulation 76(1)
Power to transfer land to Crown or to local government
Transfer of land subject to overdue rates or service charges to the Crown or local governmen
If transferred to local government, outstanding sums to be paid to Crown
Power to have land revested in the Crown if rates in arrears 3 years
Application to have land subject to overdue rates or service charges revested in the Crown
Local Government (Financial Management) Regulations including:Regulation 77(1): giving notice to owner and gazetting revestment of land
Regulation 77(3): consider any objections in relation to revestmen
3
3
3
3
3
3
3
See Schedule 6.3 Local Govt Act
3
3
3
Subdivision 7 — Objections and review
Grounds of objection
Decision whether to extend time for making an objection to the rate record
Determination of objection to the rate record
Giving notice of decision on objection to the rate record
3
3
3
PART 7: AUDIT
Division 1A
7.1A
7.1A(1)
7.1A(2)
7.1B
Audit Committee
Audit Committee
Establish an Audit committee
Appoint members, at least 3 of whom (a majority) are to be council members
Delegation of some powers an duties to audit committees
Only those duties contained in Part 7 may be delegated to an audit committee
3
3
Council decision required
Absolute Majority required
3
Absolute Majority required
Page12
Section
of Act
Division 2
7.3
7.3(1)
7.6
7.6(2)(f)
7.6(3)
Regs
Division 4
7.12A
7.12A(2)
7.12A(3)
7.12A(4)
Delegation
Prohibited
Appointment of auditors
Appointment of auditors
Person or persons to be appointed as auditor on the recommendaytion of the audit committee
Term of office of auditor
Terminating appointment of auditor by written notice
If an auditor's registration is suspended or he is unable or unwilling to carry out duties, another person
must be appointed
Local Government (Audit) Regulations including:Regulation 8(1): giving notice with reasons for termination to Executive Director within 30 days
Regulation 14(1): carrying out a compliance audit for period 1 January to 31 December each yea
CEO authorised by
Council
L G Act
3
3
Prohibited by Section 5.43
3
3
3
General
Duties of local government with respect to audits
Meeting with the local government auditor
Examining the auditors report
Prepare report on any action taken
Associated Conditions
Prohibited by Section 5.43
Council adoption required
3
3
3
PART 8: SCRUTINY OF THE AFFAIRS OF LOCAL GOVERNMENTS
Division 1
8.2
8.2(2)
8.14
8.14(3)
Division 2
8.23
8.23(4)
Inquiries by the Minister or an authorised person
Minister or Departmental CEO may require information
Provision of the information requested
Copy to be given to the local government
Providing advice to the Minister of things done to comply with an Inquiry report within 35 days
3
3
Inquiries by Inquiry Panels
Copies to be given to the local government and made available to the public
Providing advice to the Inquiry Panel of things done to comply with an Inquiry report within 35 days
3
PART 9: MISCELLANEOUS PROVISIONS
Division 1
9.6
9.6(1)
9.6(5)
9.9
9.9(3)
Objections and appeals
Dealing with objection
Any objection under Part 9 is to be dealt with by the council or by a council appointed committee
Giving the person who made the objection notice of how and why the objection was disposed o
Suspension of effect of decision
Giving the person who made the objection notice of how and why consideration of the objection was
suspended
3
3
3
Page13
Section
of Act
Division 2
9.10
9.11
9.11(1) (2)
9.13
9.13(2)
9.13(6)
9.16
9.19
9.20
9.29
Division 6
9.60
9.60(4)
9.63
9.63(1)
9.68
9.68(5)
Delegation
Prohibited
Enforcement and legal proceedings
Subdivision 1 — Miscellaneous provisions about enforcement
Appointment of authorised persons
Appoint, in writing, persons to be authorised to perform particular functions
Including
Persons found committing breach of Act to give name on demand
Demanding information from alleged offender
Onus of proof in vehicle offences may be shifted
Giving notice to identify driver of vehicle involved in offence
Being satisfied that the vehicle had been stolen or unlawfully taken
Giving a notice
Giving an infringement notice within 28 days after alleged infringement
Extension of time
Extension of time for payment of modified penalty
Withdrawal of notice
Withdrawal of infringement notice within one year after notice given
CEO authorised by
Council
L G Act
3
3
3
3
3
3
3
Subdivision 3 — General provisions about legal proceedings
Representing local government in court
Appointment of persons by the CEO to represent the local government in Court proceedings
Regulations, directions and orders
Regulations that operate as local laws
Administering any regulation made under section 9.60 as if it were a local law
Minister may give directions to resolve disputes between local governments
Referring disputes between 2 or more local governments to the Minister to resolve
Local government to be notified of disposal of land
Recovery of accruing rates from principal or agent who has failed to give a notice in accordance with
section 9.68
Associated Conditions
3
3
3
3
Page14