TABLE OF CONTENTS

CORPORATE SERVICES

CS002 Chief Executive officer’s Advance Account

CS003 Concession for Minor Charges

CS004 Investment of Surplus Funds

CS005 Acquiring or Disposing of Property

CS006 Payments from Municipal and Trust Funds

CS007 Preparation of Annual Financial Report

CS008 Investment of Council Funds

LAW ENFORCEMENT

LE001 Appointment of Authorised Persons

LE002 Dangerous Dogs

LE003 Application to keep more than two dogs on a residential property

LE004 Legal Proceedings – Dog Act 1976

LE005 Legal Proceedings – Control of Vehicles (Off Road Areas) Act 1978

LE006 Legal Proceedings – Litter Act 1979

LE007 Infringement Notices – Various Acts and Local Laws

LE008 Legal Proceedings – Bush Fires Act 1954

LE009 Burning During Prohibited Burning Period

TECHNICAL & DEVELOPMENT SERVICES

TDS002 Naming of Streets & Public Open Space

TDS003 Health Act Provisions

TDS004 Contract No 16/96 – Supply and Delivery of Motor Vehicles

TDS005 Home Occupations

TDS006 Temporary Accommodation, Park Homes and Rigid Annexes

TDS007 Consider and Issue Planning Approval

TDS008 Temporary Closure of Streets

TDS009 ANZ Proposed Closure of Agency in Onslow

TDS010 Dealing with Planning Matters

COMMUNITY SERVICES

CMS001 Public Swimming Pools – Private Use

CMS002 Refund of Hire Charges

CMS003 Financial Assistance – Sporting Clubs

CMS004 Donations to Schools

CMS005 Carinya Aged Persons Management Advisory Committee

DELEGATED AUTHORITY

Delegation: Tenders

File No: AS.TE

Minute No: 13.9.125

Section/Act: S3.57 of the Local Government Act 1995 and Part 4 of the Functions and General Regulations

Date: 16 September 1997

Authority Delegated:

Authorisation is given to accept tenders.

Conditions:

Officer(s) upon whom Delegation conferred:

DELEGATED AUTHORITY

Delegation: Chief Executive Officer’s Advance Account

File No: FI.BA

Minute No: 13.9.125

Section/Act: Section 5.42 of the Local Government Act 1995

Date: 16 September 1997

Authority Delegated:

Conditions:

Officer(s) upon whom Delegation conferred:

DELEGATED AUTHORITY

Delegation: Concession for Minor Charges

File No: FI.DO

Minute No: 13.9.125

Section/Act: Section 5.42 of the Local Government Act 1995

Date: 16 September 1997

Authority Delegated:

Authorisation is given to offer concessions for minor charges where appropriate.

Authorisation only applies to charges less than $500.

The delegate has the authority to deal with such matters relevant to the declaration.

Chief Executive Officer

Please Note: The Chief Executive Officer will sub-delegate this authority as follows:

Delegate: Manager Corporate Services

CS004

A report being prepared for each ordinary meeting of Council summarising current individual investments. The report shall include the Fund from which the investment is made, the amount, the interest rate applicable and the maturity date.

Council’s banker is to be afforded the opportunity of quoting comparative relevant interest rates.

The authorisation is to be used in accordance with Council’s Investment Policy.

Chief Executive Officer

Please note: The Chief Executive Officer will sub-delegate this authority as follows:

Delegate: Manager Corporate Services

Accountant

CS005

Authorisation is given to acquire or dispose of property the value of which is set at a level determined by the Council.

The value of the property is set at an amount up to and including $20,000.

Councillors are to be advised via the Councillors’ Information Bulletin.

Chief Executive Officer

CS006

Authorisation is given to make payments from the Municipal and Trust Funds both manually and electronically.

a) A list of payments made and associated vouchers is to be presented to each Ordinary meeting of Council for information in compliance with Regulation 13.

b) Payments require the authorisation of two signatories.

c) The authorised signatories are:

Shire President

Deputy President

Chief Executive Officer

Manager Corporate Services

Accountant

Chief Executive Officer

Please Note: The Chief Executive Officer will sub-delegate this authority as follows:

Delegate: Manager Corporate Services

Accountant

CS007

Authorisation is given to prepare the Annual Financial Report.

Auditor must have given final approval to the Annual Financial Report.

Chief Executive Officer

Please Note: The Chief Executive Officer will sub-delegate this authority as follows:

CONDITIONS

Any delegate has authority to deal with such matters relevant to this delegation.

Delegate: Accountant

CS008

Authorisation is given to make investment decisions and sign investment lodgments, withdrawals etc.

The Conditions of investment are outlined in Attachment 2 of Council’s Policy F010 "Investment of Council Funds" and the provisions of this policy are to be adhered to.

In case of annual leave or absence, the Chief Executive Officer may approve delegations for relieving persons, under advice to Council.

It is important to note that any investments made are to comply with the Authorised Investments List (Section 10.0) and Authorised Counterparty and Exposures Limits (Section 11.0).

Authorised investments are contained in Attachment 3, Part 1. These investments may be made by authorised officers subject to the investment policies outlined in this document being adhered to.

Other investments, as outlined in Attachment 3, Part 2 require approval by Council.

Chief Executive Officer

Please Note: The Chief Executive Officer will sub-delegate this function in accordance with Council’s Policy F010 as follows:

Delegate: Manager Corporate Services

Accountant

LE001

Authorisation is given to appoint persons to exercise the powers under subdivisions 2, 3 and 4 of Division 3 of Part 3 and subdivisions 1, 2 and 3 of Division 2, Part 9 of the Local Government Act 1995.

The delegation is to be in writing.

Chief Executive Officer

Please Note: The Chief Executive Officer will appoint the following persons as Authorised Persons:

Appointees: Manager Corporate Services

Manager Operations West

Manager Technical and Development Services

Building Surveyor

Environmental Health Officer

Senior Planning Officer

Rangers

Trainee Ranger

Superintendent Town Maintenance Onslow

Superintendent Town Maintenance Paraburdoo

Superintendent Town Maintenance Tom Price

LE002

Authorisation is given to act generally on behalf of Council to declare a dog a dangerous dog.

Sections 33E to 33M of the Dog Act 1976 are to be adhered to.

The Ward members in which the dog is housed are to be consulted and their views sought. Where Ward members disagree with the Officers’ recommendation, then the matter is to be placed before Council for a determination.

Chief Executive Officer

Manager Operations West

Senior Administration Officer

LE003

Authorisation is given to approve or reject an application to keep more than two dogs on a property.

The Ward members in which the property is located are to be consulted and their views sought. Where Ward members disagree with the Officers’ recommendation, then the matter is to be placed before Council for a determination.

The applicant is to be advised that before any other rights of appeal are available, they have appeal rights to the Council.

Chief Executive Officer

Manager Operations West

Senior Administration Officer

LE004

Authorisation is given to institute legal proceedings on behalf of the Shire of Ashburton.

The delegates have the carriage and conduct of matters initiated without reference to Council.

Either delegate has the authority to deal with such matters relevant to this declaration.

Manager Operations West

Senior Administration Officer

LE005

Authorisation is given to institute legal proceedings on behalf of the Shire of Ashburton.

The delegates have the carriage and conduct of matters initiated.

Manager Operations West

Senior Administration Officer

LE006

Authorisation is given to institute legal proceedings on behalf of the Shire of Ashburton.

The delegates have the carriage and conduct of matters.

Manager Operations West

Senior Administration Officer

LE007

Authorisation is given to withdraw infringement notices.

Authorisation only applies following consideration of a report by the Senior Administration Officer or Manager Operations West.

Chief Executive Officer

LE008

Authorisation is given to institute legal proceedings on behalf of the Shire of Ashburton.

The delegates have the carriage and conduct of matters initiated.

Chief Executive Officer

Chief Bush Fire Control Officer

Deputy Chief Bush Fire Control Officer

LE009

Authorisation is given to approve the suspension of prohibited burning times in the Shire when applied for by a member of the public.

Either delegate has authority to deal with such matters relevant to this declaration.

Chief Executive Officer

Chief Bush Fire Control Officer

Deputy Chief Bush Fire Control Officer

TDS001

Authorisation is given to issue building licenses.

Drawings and specifications deposited conform to the Australian Building Code Regulations and the applicable Town Planning Scheme.

Any applicant request for the licence to be referred to Council shall be considered by the Council at the next available meeting.

3. Either delegate has the authority to deal with such matters relevant to this declaration.

Manager Operations West

Building Surveyor

TDS002

Authorisation is given to deal with the naming of streets and public open space to recommend to the Geographic Names Committee the adoption of the street name and the naming of public open space.

The Councillor(s) of the relevant Ward are to be notified and be given the opportunity to comment prior to the submission being forwarded to the Geographic Names Committee. If the Councillor(s) disagrees with the Officers’ recommendation, then it is to be placed before Council for a determination. Either delegate has authority to deal with matters relevant to this declaration.

Chief Executive Officer

Manager Technical & Development Services

TDS003

Authorisation is given to exercise the powers provided in Section 26 of the Health Act 1911.

The authorisation does not extend to the Financial Provisions of the Act.

Periodic reports are to be presented to Council via the Information Bulletin.

Manager Operations West

Environmental Health Officer

TDS004

Authorisation is given to determine specifications of vehicles to be purchased under Contract 16/96.

Authorisation can be used except where it is proposed to upgrade to a more expensive model than the trade-in vehicle.

Chief Executive Officer

TDS005

Authorisation is given to approve applications for Home Occupations.

The applicant shall be advised by letter of the approval, together with a request for payment of an Annual Fee. Upon receipt of the Annual Fee, the C.E.O. shall then issue formal approval in the form of a Schedule 2. No Home Occupation business is to commence operation until the Schedule 2 approval has been issued.

Any Home Occupation proposal recommended for refusal by the Chief Executive Officer shall be determined y full Council.

Those applications subject to submissions of objection during the advertising period shall also be determined by full Council.

Chief Executive Officer

Please Note: The Chief Executive Officer will sub-delegate this authority as follows:

Delegate: Manager Technical & Development Services

TDS006

Authorisation is given to carry out and approve matters relating to Regulations 11(2)(a), 12(2)(9), 30(1)(c) and 34(1)(b)(ii).

Councillors are to be advised via the Information Bulletin.

The delegates have the conduct and carriage of such matters relating to the delegate.

Manager Operations West

Environmental Health Officer

TDS007

Authorisation is given to consider and issue planning approval in respect of the proposal by the Mackerel Islands Pty Ltd to develop Lot 447, First Avenue, Onslow

Once-off delegation for the purpose of this matter.

Chief Executive Officer

TDS008

Authorisation is given to temporarily close thoroughfares or parts thereof, to traffic generally or certain classes of traffic.

The delegate has authority to deal with such matters as are relevant to this declaration.

Chief Executive Officer

Please Note: The Chief Executive Officer will sub-delegate this authority as follows:

Delegate: Manager Technical and Development Services

TDS009

Authorisation is given to respond to written confirmation from the ANZ Bank that it will close its Agency in Onslow

The delegates have authority to deal with such matters as are relevant to this declaration.

Once-off delegation for the purpose of this matter.

Shire President

Chief Executive Officer

TDS010

The Council delegates to the Chief Executive Officer the authority to determine various applications for planning approval and other matters, under the terms of the conditions hereunder.

Council considers that the delegation of certain decision-making powers will expedite the processing of certain planning matters, thus offering a higher level of service to ratepayers, developers and the public in general.

1. The Chief Executive Officer is empowered to approve or conditionally approve development applications or applications to use land/building where the proposal:

a) Is listed within the Zoning Tables of Town Planning Schemes No's. 3, 4 and 5 (Tom Price, Paraburdoo and Onslow) as:

'P" - permitted; and/or

"IP" - permitted if incidental to the predominant use.

b) Involves development within the Interim Development Order Area (land not contained within a town planning scheme) comprising of:

A single house or other development on land that has been identified as suitable for that specified purpose within an approved layout plan;

Telecommunication works; and

Temporary workers camps and associated facilities.

Conditions

i) The proposal shall comply in all respects with the provisions of the appropriate Town Planning Scheme or Interim Development Order and any Western Australian Planning Commission, Ministry for Planning and Council policies that may apply.

ii) The proposal will not have an adverse effect on the amenity of the area or prejudice the orderly and proper planning of the locality.

2. Where an application is classified as "SA" (permitted with the special consent of Council following a specified advertising procedure) the Chief Executive Officer may initiate advertising procedure in accordance with the relevant scheme.

Conditions:

i) The application shall comply in all respects with Council's and other planning requirements.

ii) Following the closure of the advertising period, the application shall be presented to Council for determination.

1. The Chief Executive Officer may refuse any applications for development where the proposal is listed as "X" (not permitted) within the Zoning Tables of Town Planning Scheme No's. 3, 4 and 5 (Tom Price, Paraburdoo and Onslow).

2. The Chief Executive Officer may withhold consent in cases where applications do not comply with the provisions of the Residential Planning Codes of Western Australia.

Conditions:

All other matters recommended for refusal must be referred to Council for consideration and determination.

1. The Chief Executive Officer may grant consent to vary the development requirements of the Residential Planning Codes of Western Australia, where such a variation has been empowered to the Council under the provisions of the Codes.

Conditions:

i) Any setback variation is not to exceed those prescribed within the Residential Planning Codes.

ii) Receipt of written advice from the adjoining landowners that they have no substantiated objection to the proposed variation.

2. The Chief Executive Officer may approve applications for Ancillary Accommodation in accordance with Clause 2.3 of the Residential Planning Codes of Western Australia.

Conditions:

i) The proposal shall comply in all respects with the provisions of the appropriate Town Planning Scheme and any Western Australian Planning Commission, Ministry for Planning and Council policies that may apply.

ii) The proposal will not have an adverse effect on the amenity of the area or prejudice the orderly and proper planning of the locality.

iii) The proposal shall have the endorsement of the Development Control Unit.

3. Where a residential lot has frontage to more than one street, the Chief Executive Officer may determine which is to be the primary and secondary street frontage, for the purpose of applying setbacks.

Conditions:

Factors such as amenity and streetscape shall be taken into consideration.

1. The Chief Executive Officer may grant consent to construct an outbuilding greater than 50sq.m in area.

Conditions:

i) The aggregate ground floor area of the outbuilding/s shall not exceed 100sq.m. in area or 15% of the lot area, whichever is the greater.

ii) The outbuilding/s shall only be used for purposes incidental to the domestic use of a residence.

iii) The outbuilding shall not be used for residential occupation.

1. The Chief Executive Officer may consent to the reduction of a building setback usually required by the town planning scheme.

Conditions:

i) The Building Code of Australia, all other regulations and local laws shall be complied with.

ii) The setback reduction shall not have an adverse effect on the amenity of the area or prejudice the orderly and proper planning of the locality.

1. The Chief Executive Officer may grant an extension to the approval period of a development application, or may renew a previous approval, for up to twelve (12) months.

Conditions:

i) The development shall be the same in all respects to that originally approved by Council or its delegated Officer.

ii) The conditions of development to be applied to the extension or renewal of approval shall be the same as those previously imposed.

iii) No further extension shall be granted without Council approval.

1. The Chief Executive Officer may, at the request of the applicant, delete or modify a condition/conditions of development approval.

Conditions:

The modification or deletion shall not be contrary to the intent of the original approval.

Conditions:

i) Notification of a decision made within the powers of this delegated authority shall be made in writing, under the signature of the Chief Executive Officer, setting out any conditions that may apply.

ii) The Chief Executive Officer is required to report to Council on a monthly basis, a list of applications that have been dealt with under this delegated authority registration, for information.

iii) Notwithstanding the powers granted to the Chief Executive Officer under the terms of this delegated authority registration, the Chief Executive Officer may refer a planning matter to Council for determination at any time.

Chief Executive Officer

CMS001

Authorisation is given to hire the use of the Tom Price and Paraburdoo Swimming Pools for private use at times other than when the pool is open to the general public.

Payment of the appropriate fees.

If the use is for children, then a responsible adult is to be present at all times.

Any condition considered appropriate by the Chief Executive Officer.

Chief Executive Officer

Please Note: The Chief Executive Officer will sub-delegate this authority as follows:

Delegate: Manager Community Services

CMS002

Authorisation is given to repay monies paid for the hire of Council facilities if the booking is cancelled.

Appropriate notification of cancellation must be given prior to the event.

Chief Executive Officer

Please note: The Chief Executive Officer will sub-delegate this authority as follows:

Delegate:

Manager Corporate Services

Manager Community Services

Manager Operations West

CMS003

Authorisation is given to allocate funds to sporting groups within the Shire of Ashburton.

The following categories be used to determine the level of financial assistance to Sporting Groups:

Where a person/persons are selected to represent their Association in a Regional, State or National competition outside the Shire boundaries. Financial Assistance – Groups – maximum grant $500, Individuals – maximum grant $350 on a $ for $ matching contribution basis.

Training for Coaches, Umpires, Administration. Financial assistance – maximum grant $300.

To encourage the development of Junior Sports/Recreation participation. Financial assistance – maximum grant $500.

The hosting of regional and inter-regional competitions. Financial assistance – maximum grant $750 on a $ for $ matching contribution.

Once off only grant to assist sporting/recreation groups to become established. Financial assistance – maximum grant $200 on a $ for $ matching contribution.

Applications for financial assistance for funds above the maximum levels set out above are to be referred to Council.

Financial assistance to Sporting Clubs is to be limited to the amount allocated under Account No 113050 "Recreation Grants".

A list of allocated funds is to be provided to Councillors via the Information Bulletin.

Chief Executive Officer

Please note: The Chief Executive Officer will sub-delegate this authority as follows:

Manager Community Services

CMS004

Authorisation is given to distribute financial assistance to schools in the Shire of Ashburton.

Each school receives a base allocation of $1000 each. The remainder of the budget is to be allocated on a proportionate basis on Secondary Student Equivalents; this is added to the base allocation. Secondary Student Equivalents is calculated by multiplying the different student types by a factor. The factor for Pre Primary Students 0.20 and for Primary Students is 0.70.

Chief Executive Officer

Please note: The Chief Executive Officer will sub-delegate this authority as follows:

Delegate: Manager Community Services

CMS005

Minute No: N/A

Section/Act: Section 5.44 of the Local Government Act 1995

Date: 10 March 1998

Authority Delegated:

To exercise the powers and functions of a member of the Carinya Aged Persons Units Management Advisory Committee as described in the instrument of delegation from the Council.

Conditions:

Officer(s) upon whom Delegation conferred:

Chief Executive Officer

Please note: The Chief Executive Officer will sub-delegate this authority as follows:

Delegate: Manager Community Services