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SIG-09 Signing by a Local Government

Version 3 - 18/06/2024

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Land Titles Registration policy and procedure guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1. Overview

Section 9.49A of the Local Government Act 1995 (WA) provides for the execution of documents by a Local Government. Under s. 9.49A a Local Government may execute documents under seal or without a seal.

Sample

The Common Seal of ……………………….

was hereunto affixed in the presence of

Signature of Mayor or President

(Print Full Name)

Mayor or President

Signature of CEO or Authorised Officer

(Print Full Name)

CEO or Authorised Officer

1.1 Under Delegation2

Under sections 5.42, 5.43 and 5.44 of the Local Government Act 1995 (WA), the CEO may delegate some or all or with limitations his/her powers. In all instances this must be in writing.  

1Section 9.49A(4) of the Local Government Act 1995 (WA) provides that the Local Government may, by resolution, delegate and authorise the Chief Executive Officer or another authorised person of said authority to sign documents on behalf of the Local Government.

In these instances a copy of the delegation should be provided to support the execution under section 9.49A(4) of the Local Government Act.

Sample

Signed by the ……………………… (name of Local Government)

pursuant to s.9.49A(4) of the Local Government Act 1995

by it’s Authorised Person.

Signature of CEO or Authorised Person

(Print Full Name)

CEO or Authorised Officer

1 Section added 02/09/2020

Section updated 18/06/2024

2. Also see