Local Government Act 1995

Local Government (Development Assessment Panels) Regulations 2025

 

 

Local Government (Development Assessment Panels) Regulations 2025

Contents

1.Citation1

2.Commencement1

3.Terms used1

4.Application of regulations2

5.Performance of relevant DAP function2

6.Authorisation of employees3

7.Conflicts of interest3

Defined terms

 

Local Government Act 1995

Local Government (Development Assessment Panels) Regulations 2025

Made by the Governor in Executive Council.

1.Citation

These regulations are the Local Government (Development Assessment Panels) Regulations 2025.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

(b)the rest of the regulations — on 1 May 2025.

3.Terms used

In these regulations —

authorised employee means an employee of the local government authorised by the CEO under regulation 6;

DAP application —

(a)has the meaning given in regulation 3(1) of the DAP regulations; and

(b)includes an application under regulation 17(1) of the DAP regulations;

DAP regulations means the Planning and Development (Development Assessment Panels) Regulations 2011;

relevant DAP function means a function to which these regulations apply under regulation 4(2);

responsible authority report means a report referred to in regulation 12 of the DAP regulations.

4.Application of regulations

(1)These regulations apply for the purposes of section 9.69B(2) of the Act.

(2)These regulations apply to a function of a local government under regulation 12 of the DAP regulations.

(3)These regulations do not apply in relation to a DAP application that is made before 1 May 2025.

5.Performance of relevant DAP function

(1)A relevant DAP function —

(a)must be performed for and on behalf of the local government by the CEO or by an authorised employee; and

(b)cannot be performed by the local government in any other manner (for example, by the council or a committee of the council).

(2)For the purposes of subregulation (1) —

(a)a responsible authority report must be prepared by the CEO or by an authorised employee; but

(b)the CEO may, for and on behalf of the local government, engage a person who is not an employee of the local government, and who the CEO believes is suitably qualified, to assist in the preparation of a responsible authority report.

(3)In relation to the performance of a relevant DAP function, including the preparation of a responsible authority report, none of the following is subject to the direction of the council or a committee of the council —

(a)the CEO;

(b)an authorised employee;

(c)a person engaged under subregulation (2)(b).

(4)Without limiting subregulation (3), neither the council nor a committee of the council can direct the CEO to engage, or not to engage, under subregulation (2)(b) a person or a particular person.

6.Authorisation of employees

(1)The CEO may authorise an employee of the local government to perform a relevant DAP function for and on behalf of the local government.

(2)An authorisation under this regulation must be in writing and may be general or limited to DAP applications of a specified class.

(3)If the local government is a class 1 local government or class 2 local government, the CEO must exercise the CEO’s power under this regulation so as to ensure that, so far as is reasonably practicable, there is always at least 1 employee of the local government who has a general authorisation to perform the local government’s relevant DAP functions.

Note for this subregulation:

In this subregulation, class 1 local government and class 2 local government have the meanings given in the Local Government (Constitution) Regulations 1998 regulation 2A(a) and (b).

7.Conflicts of interest

(1)This regulation applies if —

(a)a relevant DAP function is to be performed, or is being performed, in relation to a matter by the CEO or an authorised employee; and

(b)the CEO or authorised employee (as the case requires) is aware, or becomes aware, that they have an interest in the matter.

(2)The CEO or authorised employee must not perform, or continue to perform, the relevant DAP function.

Penalty for this subregulation: a fine of $10 000.

(3)As soon as practicable, the CEO or authorised employee must disclose the nature of the interest in the matter as follows —

(a)in the case of the CEO — to the mayor or president;

(b)in the case of an authorised employee — to the CEO.

Penalty for this subregulation: a fine of $10 000.

(4)If it is the CEO who has an interest in the matter, subregulations (2) and (3) do not prevent the CEO —

(a)arranging for an authorised employee to perform, or to continue to perform, the relevant DAP function in place of the CEO; or

(b)authorising an employee of the local government under regulation 6 so as to enable the employee to perform, or to continue to perform, the relevant DAP function in place of the CEO; or

(c)engaging a person under regulation 5(2)(b) to assist in the preparation of a responsible authority report in relation to the matter.

(5)For the purposes of this regulation, the question of whether the CEO or an authorised employee has an interest in a matter is to be determined in accordance with sections 5.59 to 5.63 of the Act as if —

(a)the definition of relevant person in section 5.59 of the Act included references to the CEO and an authorised employee; and

(b)in section 5.63 of the Act, references to section 5.71 included a reference to this regulation.

(6)In this regulation, references to performing a relevant DAP function include preparing a responsible authority report.

K. COLLERAN, Clerk of the Executive Council

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

authorised employee3

DAP application3

DAP regulations3

relevant DAP function3

responsible authority report3

 

 

© State of Western Australia 2025.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2025.

By Authority: GEOFF O. LAWN, Government Printer