2019-11-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                               12 NOVEMBER 2019


2                        DELEGATIONS FOR PLUMBING AND DRAINAGE ACT 2018 & PLUMBING AND
                         DRAINAGE REGULATION 2019
DOCUMENT INFORM AT ION




Author                              Plumbing Coordinator, Craig Morley
                                    Environment and Sustainable Development Department

Index                               ECM / Governance & Executive / Delegation of Authority

Attachments                         1.    Register of Delegations: Plumbing and Drainage Act 2018
                                    2.    Register of Delegations: Plumbing and Drainage Regulation 2019


EXECUTIVE SUMMARY
Nil.

RECOMMENDATION
That Council note the report by the Plumbing Coordinator to the Planning & Environment
Committee Meeting dated 12 November 2019 and, Pursuant to section 257 of the Local
Government Act 2009, agree to:
A.                       Delegate the powers for the Plumbing and Drainage Act 2018 as detailed in Attachment 1;
                         and
B.                       Delegate the powers for the Plumbing and Drainage Regulation 2019 as detailed in
                         Attachment 2.


REPORT
1.                       Background
Delegations are the process by which the Council delegates local government powers under
relevant legislation to implement and enforce legislation, standards and requirements.
‘Delegation’ to the Chief Executive Officer (CEO) and Council Officers will ensure actions
undertaken by Council are compliant with State Government legislative requirements. These
powers must be exercised subject to any applicable criteria and procedures detailed in the
delegations.
The development or amendment of delegations does not require community consultation as they
are purely an administrative process that provides the CEO with the necessary authority under
the various Acts.
Section 257 (Delegation by the Local Government) of the Local Government Act 2009 (the Act)
allows, by resolution, a local government to delegate its powers under the Act to the Mayor,
CEO, a standing committee or a joint standing committee.
Section 259 (Delegation by the Chief Executive Officer) of the Act allows the Chief Executive
Officer of a local government to delegate the Chief Executive Officer’s powers (including powers
delegated to the Chief Executive Officer by the local government) to another employee of the
local government.
2.                       New Delegations
Plumbing and Drainage Act 2018
                       The Plumbing and Drainage Act 2018 (the Act) has superseded the Plumbing and
                         Drainage Act 2002 and has come into effect on 1 July 2019. Therefore, it is appropriate for
                         Council to review its delegations and ensure they align with this new legislation.


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