{"id":"local-government-development-assessment-panels-regulations-2025","name":"Local Government (Development Assessment Panels) Regulations 2025","slug":"local-government-development-assessment-panels-regulations-2025","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178808,"registerId":"wa-local-government-development-assessment-panels-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Local Government (Development Assessment Panels) Regulations 2025","content":"![Crest]()Western Australia\n\nLocal Government Act 1995\n\nLocal Government (Development Assessment Panels) Regulations 2025\n\nWestern Australia\n\nLocal Government (Development Assessment Panels) Regulations 2025\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Application of regulations 2\n\n5. Performance of relevant DAP function 2\n\n6. Authorisation of employees 3\n\n7. Conflicts of interest 3\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\nLocal Government Act 1995\n\nLocal Government (Development Assessment Panels) Regulations 2025\n\n##### 1. Citation\n\n\t\tThese regulations are the *Local Government (Development Assessment Panels) Regulations 2025*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;\n\n(b) the rest of the regulations — on 1 May 2025.\n\n##### 3. Terms used\n\nIn these regulations —\n\nauthorised employee means an employee of the local government authorised by the CEO under regulation 6;\n\nDAP application —\n\n(a) has the meaning given in regulation 3(1) of the DAP regulations; and\n\n(b) includes an application under regulation 17(1) of the DAP regulations;\n\nDAP regulations means the *Planning and Development (Development Assessment Panels) Regulations 2011*;\n\nrelevant DAP function means a function to which these regulations apply under regulation 4(2);\n\nresponsible authority report means a report referred to in regulation 12 of the DAP regulations.\n\n##### 4. Application of regulations\n\n(1) These regulations apply for the purposes of section 9.69B(2) of the Act.\n\n(2) These regulations apply to a function of a local government under regulation 12 of the DAP regulations.\n\n(3) These regulations do not apply in relation to a DAP application that is made before 1 May 2025.\n\n##### 5. Performance of relevant DAP function\n\n(1) A relevant DAP function —\n\n(a) must be performed for and on behalf of the local government by the CEO or by an authorised employee; and\n\n(b) cannot be performed by the local government in any other manner (for example, by the council or a committee of the council).\n\n(2) For the purposes of subregulation (1) —\n\n(a) a responsible authority report must be prepared by the CEO or by an authorised employee; but\n\n(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.\n\n(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 —\n\n(a) the CEO;\n\n(b) an authorised employee;\n\n(c) a person engaged under subregulation (2)(b).\n\n(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.\n\n##### 6. Authorisation of employees\n\n(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.\n\n(2) An authorisation under this regulation must be in writing and may be general or limited to DAP applications of a specified class.\n\n(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.\n\nNote for this subregulation:\n\nIn 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).\n\n##### 7. Conflicts of interest\n\n(1) This regulation applies if —\n\n(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\n\n(b) the CEO or authorised employee (as the case requires) is aware, or becomes aware, that they have an interest in the matter.\n\n(2) The CEO or authorised employee must not perform, or continue to perform, the relevant DAP function.\n\nPenalty for this subregulation: a fine of $10 000.\n\n(3) As soon as practicable, the CEO or authorised employee must disclose the nature of the interest in the matter as follows —\n\n(a) in the case of the CEO — to the mayor or president;\n\n(b) in the case of an authorised employee — to the CEO.\n\nPenalty for this subregulation: a fine of $10 000.\n\n(4) If it is the CEO who has an interest in the matter, subregulations (2) and (3) do not prevent the CEO —\n\n(a) arranging for an authorised employee to perform, or to continue to perform, the relevant DAP function in place of the CEO; or\n\n(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\n\n(c) engaging a person under regulation 5(2)(b) to assist in the preparation of a responsible authority report in relation to the matter.\n\n(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 —\n\n(a) the definition of ***relevant person*** in section 5.59 of the Act included references to the CEO and an authorised employee; and\n\n(b) in section 5.63 of the Act, references to section 5.71 included a reference to this regulation.\n\n(6) In this regulation, references to performing a relevant DAP function include preparing a responsible authority report.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Local Government (Development Assessment Panels) Regulations 2025*. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Local Government (Development Assessment Panels) Regulations 2025* | SL 2025/48 2 Apr 2025 | r. 1 and 2: 2 Apr 2025 (see r. 2(a));   Regulations other than r. 1 and 2: 1 May 2025 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nauthorised employee 3\n\nDAP application 3\n\nDAP regulations 3\n\nrelevant DAP function 3\n\nresponsible authority report 3\n\n© State of Western Australia 2025.\n\nThis 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.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the legislative text was not retrievable. No comparison between stated objectives and operative provisions was possible."},"complexity_factors":["Legislation text was entirely inaccessible — only a 404-style error page was retrieved","Cannot assess actual regulatory complexity without the text","DAP frameworks in WA have historically involved multi-layered interaction between state and local government planning rules, which typically adds complexity","Score of 3 reflects baseline complexity inferred from the title/subject matter only, not from reviewed content"],"plain_english_summary":"These proposed 2025 Western Australian regulations would set the detailed rules for Development Assessment Panels (DAPs) — independent bodies that determine major planning and development applications instead of local councils. They matter to property developers, landowners, architects, councils and nearby communities because they likely govern how panels operate, who sits on them and how decisions are made. The full text was unavailable for review."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: establishing the procedural framework for how local governments perform functions related to Development Assessment Panels. There is no scope creep—the legislation does not expand into unrelated areas like planning merits, environmental assessment, or broader local government governance. It strictly addresses delegation of DAP report preparation functions and conflict management."},"complexity_factors":["Short length (7 substantive regulations plus definitions)","Minimal cross-referencing—only references to the Local Government Act 1995 (sections 5.59-5.63, 9.69B) and the Planning and Development (Development Assessment Panels) Regulations 2011","Only 5 defined terms in the interpretation section","Simple conditional structure (if X, then Y) without nested exceptions","Clear operational rules with explicit penalties ($10,000 fines for conflicts)","Single purpose legislation—focused exclusively on DAP function delegation within local government"],"plain_english_summary":"**What this does:**\nThese regulations set the rules for how local councils in Western Australia handle \"Development Assessment Panel\" (DAP) applications—basically, requests to approve major building or development projects that are too big or complex for standard council approval processes.\n\n**Who it affects:**\n- **Local council CEOs and staff**: They now have exclusive control over preparing reports for DAP applications. Councillors and council committees are explicitly locked out of directing how these reports are written or who writes them.\n- **Developers**: Anyone submitting a DAP application to a local council.\n- **Local communities**: Because these regulations change who makes decisions about major developments in their area.\n\n**The key changes:**\n- **CEO takes charge**: Only the Chief Executive Officer (CEO) of a council—or employees specifically authorised by the CEO—can prepare the \"responsible authority report\" (the council's official advice to the DAP about whether to approve a development).\n- **No council interference**: Councillors and council committees cannot tell the CEO or staff how to write these reports, or who to hire to help write them.\n- **Conflict of interest rules**: If the CEO or an authorised employee has a personal interest in a development (like owning property nearby), they must step aside and disclose it. Failing to do so carries a **$10,000 fine**.\n- **Backup plans**: If the CEO has a conflict, they can hand the work to an authorised employee, authorise a new employee, or hire an external consultant.\n- **Small councils protected**: Class 1 and 2 councils (smaller/rural councils) must ensure they always have at least one employee generally authorised to handle these functions.\n\n**Why it matters:**\nThis removes political influence from the technical assessment of major developments. Previously, elected councillors might have influenced staff reports. Now, the professional CEO and their authorised staff have sole responsibility, with criminal penalties for conflicts of interest. It's designed to make development assessments more independent and less susceptible to local political pressure."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations narrow the operational agent for specified DAP functions: they require the CEO or a written authorised employee to perform relevant functions for the local government and expressly prevent the council or its committees from doing so (reg 5(1)–(1)(b)). They also extend procedural rules (authorisation, external engagement, conflict disclosures and penalties) to CEOs and authorised employees and fix applicability from 1 May 2025 (regs 4(2)–(3), 5(2), 6, 7)."},"complexity_factors":["Cross-references to the Planning and Development (Development Assessment Panels) Regulations 2011 and to the Local Government Act 1995 (reg 3, reg 4(2), reg 5(1))","Delegation and authorisation regime: written, general or limited authorisations and CEO discretion to authorise employees (reg 6)","Mandatory staffing requirement for class 1 and class 2 local governments to maintain at least one general authorisation (reg 6(3))","Conflict-of-interest regime that imports sections 5.59–5.63 of the Act and links to section 5.71 for determination rules, plus monetary penalties ($10,000) (reg 7(5), reg 7(2)–(3))","Prohibition on council or committees directing the CEO, and CEO discretion to engage external consultants to assist in preparing responsible authority reports (regs 5(2)–(4), 5(3))","Temporal scope and transitional limitation excluding DAP applications made before 1 May 2025 (reg 4(3))"],"plain_english_summary":"These regulations require that a local government’s functions under regulation 12 of the Planning and Development (Development Assessment Panels) Regulations 2011 be performed for and on behalf of the local government by the CEO or a written authorised employee — not by the council or council committees (regs 4–6).\n\nThey set written-authorisation rules (including a requirement for class 1 and 2 councils to ensure at least one general authorisation), allow CEOs to engage external experts, and impose conflict-of-interest disclosure duties and $10,000 fines for non-compliance (regs 6–7)."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-development-assessment-panels-regulations-2025","history":"/api/acts/local-government-development-assessment-panels-regulations-2025/history","analysis":"/api/acts/local-government-development-assessment-panels-regulations-2025/analysis","conflicts":"/api/acts/local-government-development-assessment-panels-regulations-2025/conflicts","importantCases":"/api/acts/local-government-development-assessment-panels-regulations-2025/important-cases","documents":"/api/acts/local-government-development-assessment-panels-regulations-2025/documents"}}