Western Australian Current Acts Western Australian Current Acts (1) A special permit
authority or a local government may delegate any of its powers or duties as a
permit authority under another provision of this Act.
(2) A delegation of a
special permit authority’s powers or duties may be only to an employee
of the special permit authority, or to an employee of one of the legal
entities that comprise the special permit authority.
(3) A delegation of a
local government’s powers or duties may be only to a local government
employee.
(4) The delegation
must be in writing executed by or on behalf of the delegator.
(5) Except as provided
for in subsection (6A), a person to whom a power or duty is delegated under
this section cannot delegate that power or duty.
(6A) The CEO of a
local government may delegate to any other local government employee a power
or duty of the local government that has been delegated to the CEO under this
section but in the case of such a power or duty —
(a) the
CEO’s power under this subsection to delegate the exercise of that power
or the discharge of that duty; and
(b) the
exercise of that power or the discharge of that duty by the CEO’s
delegate,
are subject to any
conditions, qualifications, limitations or exceptions imposed by the local
government on its delegation to the CEO.
(6) A person
exercising or performing a power or duty that has been delegated to the person
under this section is to be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(7) Nothing in this
section limits the ability of the delegator to perform a function through an
officer or agent.
(8) In subsections (3)
and (6A) —
CEO means chief executive officer;
local government employee , in relation to a local
government, means a person employed by the local government under the Local
Government Act 1995 section 5.36.
[Section 127 amended: No. 37 of 2012 s. 26.]