Another important issue for Local Governments affected by an
amalgamation is to what extent delegations and authorisations will
have been affected and what needs to be done.
From the date of Commencement of a new or altered Local
Government any pre-existing delegations and/or authorisations may
no longer apply.
The term Commencement in this paper means the
day of commencement of any amalgamation order made by the Governor
on the recommendation of the Minister pursuant to section 2.1 of
the Local Government Act 1995 (WA) (the
Whether or not a delegation or authority will remain in force
after Commencement may well depend upon the type of amalgamation
that has been ordered under section 2.1 of the Act.
Where a Local Government takes over the whole of the area of
Pursuant to regulation 6(4)(h) of the Local Government Act
(Constitution) Regulations 1998 (WA) (Constitution
"A person who before commencement, holds an appointment
made under a written law by Local Government A for the purposes of
enforcing or administering that written law becomes a person
appointed by Local Government B for those purposes."
This will be the case where an existing Local Government remains
in existence but takes over the whole of the area of an abolished
Local Government by boundary change. Alternatively, it will also be
the case where a new District is created that takes over the whole
of the area of an abolished District.
Consequently, by operation of the Constitution Regulations, any
person that held a delegation or authority made by the abolished
Local Government will continue to hold that delegation or authority
as if it had been made by the Local Government taking over their
area, provided that, the Local Government does take over the
whole of that area.
Where a Local Government takes over part only of the area of
The status quo of a person's delegation or authorisation is,
however, not maintained where only a part of the abolished District
is taken over by another, or new, Local Government. The
Constitution Regulations are silent in this case and thus any
delegations or authorisations may well come to an end on
Where a Local Government takes over area from a Local
Government that is not abolished
The situation here is that any delegation or authority will
continue by force of its original enactment if the Local Government
in question continues to exist after Commencement.
It will be necessary for any new Local Government to review its
delegations and authorisations and it is anticipated Local
Governments facing amalgamation will make as much preparation as
they can prior to Commencement.
A review will likely start with the Delegations Register which
all Local Governments must keep under section 5.46 of the Act.
The review will need to anticipate staff movements to identify
where new delegations and authorisations will need to be made. Such
a review should include the following core delegations and
Powers delegated to the CEO under section 5.42 of the Act;
Powers delegated by the CEO to other employees under section
5.44 of the Act;
Powers delegated to committees of council members and/or
council members and employees under section 5.17 of the Act;
Authorised appointments made under section 9.10 of the Act;
Delegations and authorisations made under other legislation
such as the Dog Act 1976, Bush Fires Act 1954, Health Act
1911 and Building Act 2011.
Note, there are many other individual enactments that allow
powers to be delegated by Local Government which will all need to
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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