Western Australian Current Acts

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PLANNING AND DEVELOPMENT ACT 2005 - SECT 16

16 .         Delegation by Commission

        (1)         The Commission may, by resolution, delegate to a person or body referred to in subsection (3) any function of the Commission under this Act or any other written law, except this power of delegation.

        (2)         A resolution referred to in subsection (1) takes effect when notice of the resolution is published in the Gazette .

        (3)         A delegation under subsection (1) may be made to —

            (a)         a member or associate member; or

            (b)         a committee established under Schedule 2, or a member of such a committee; or

            (c)         an officer of the Commission; or

            (d)         a public authority or a member or officer of a public authority; or

            (e)         a local government, a committee established under the Local Government Act 1995 or an employee of a local government.

        (4)         The reference to functions in subsection (1) extends, without limitation or restriction, to all of the powers, privileges, authorities, discretions, duties and responsibilities vested in or imposed on the Commission by this Act or any other written law.

        (5)         Without limiting the generality of subsection (1), where the Commission has delegated its functions under section 14(i) and (l), the delegation includes, subject to the instrument of delegation, a delegation of every function of the Commission under Part 4.

        (6)         Except as provided in subsection (7A), a delegate must not further delegate any function.

        (7A)         If the Commission delegates a function of the Commission to the Metropolitan Redevelopment Authority established under the Metropolitan Redevelopment Authority Act 2011 , the Authority may subdelegate the exercise or performance of the function to any land redevelopment committee established under that Act.

        (7B)         A subdelegation under subsection (7A) takes effect when notice of the subdelegation is published in the Gazette .

        (7C)         Subsections (4), (5) and (7) and the Interpretation Act 1984 sections 58 and 59 apply to a subdelegation of a function under this section in the same way as they apply to a delegation of a function.

        (7D)         A subdelegate must not further delegate any function subdelegated under subsection (7A).

        (7)         A delegate exercising or performing a function as authorised under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

        (8)         Nothing in this section limits the ability of the Commission to act through an officer or agent.

        (9)         This section does not apply to the execution of documents but authority to execute documents on behalf of the Commission can be given under section 24.

        (10)         This section does not affect the operation of section 171B.

        [Section 16 amended: No. 28 of 2010 s. 42; No. 45 of 2011 s. 141(2) and (3).]



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