Original source · versioned page text
2015-08-18 Planning and Organisation Committee Attachment 1 to Item 13 Updated Delegations of Authority - Council to CEO 2015-16
Text sections have not been matched to the original PDF pages. Use the original document to check page numbers.
Attachment 1 to Item 13 Planning & Organisation Committee Agenda 18/08/2015
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-04
DELEGATION OF AUTHORITY
TITLE: DISASTER MANAGEMENT
Delegation by the Council to: Date:
Chief Executive
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Disaster Management Act 2003
Delegated Power:
1. To exercise the powers of council pursuant to the Disaster Management Act 2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to establish a Local Disaster Management Group for the local Section 29
government area.
Power to agree to unite with one or more other local government/s for the Section 31
purpose of establishing a local group.
Power to provide, at least once a year, written notice of the members of a Local Section 37
Disaster Management Group to the chief executive and the chairperson for the
disaster district in which the Local Disaster Management Group is situated.
Power to prepare a local disaster management plan for disaster management in Section 57(1)
the local government’s area.
Power to review, or renew, its local disaster management plan when local Section 59
government considers it appropriate.
Power to, on payment of the appropriate fee, give a person a copy of the local Section 60
disaster management plan.
Power to agree to unite with one or more other local governments for the Section 61
purpose of preparing a local disaster management plan.
2. To exercise the powers of council pursuant to the Disaster Management Regulation 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to inform the chief executive of the department, and the chairperson of Section 5(6)
the district group, of an appointment under section 5(1).
Power to nominate a person to a temporary district disaster management group. Section 7(1)
Power to appoint a person as a member of a local disaster management group. Section 9(1)
1
Page 1 of 2
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalLog in to download the original file
Large file: the download may take up to a minute.
Searchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 52 sections
Section 2
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-04
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical
knowledge and legislative requirements.
2
Page 2 of 2
Section 3
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-20
DELEGATION OF AUTHORITY
TITLE: BUILDING ACT
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 Section 257
Building Act 1975
Delegated Power:
1. To exercise powers of the council pursuant to the Building Act 1975.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, under IDAS to receive, assess and decide a building development Section 51(2)(a)
application.
Power to appoint or employ a private certifier or another building certifier. Section 51(2)(b)
Power to appoint or employ a building certifier where asked in writing by the Section 51(3)
nominated owner and the building work has not been certified.
Power to issue a building development approval. Section 52
Power, in carrying out functions under the Building Act, to accept and, without Section 53(2)
checking, rely and act on a certificate or other document made by or given to the
building certifier.
Power to accept and, without further checking, rely and act on a document, given Section 54
to Council by a private certifier for a building development application, for the
purpose of making it available for inspection or purchase as required by the
Sustainable Planning Act.
Power, as assessment manager, in relation to undecided building development Section 55
applications and lapsed building development approvals, to resume or start an
application for building development approval at any stage of IDAS considered
appropriate.
Power, as the holder of a registered easement or statutory covenant, to consent Section 65
to building work.
Power to give a private certifier a document acknowledging receipt of the fee Section 87
mentioned in subsection 86(1)(c).
Power to take the action it considers necessary to complete the building work Section 92(2)
where the building development approval lapses and the building work is other
than demolition.
3
Page 1 of 5
Section 4
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-20
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to use all or part of any security given to the local government for the Section 92(5)
carrying out of the building work.
Power to refund or release part of any security given to the local government for Section 93(1)
the carrying out of the building work, at any time, having regard to the progress of
the building work.
Power to consult with a private certifier with regard to further extensions of the Section 97(2)
period under SPA, s 341 (When approval lapses if development not started).
Power to grant or refuse BCA classification change or use change, if owner of Section 111
building applies.
Power, as the assessment manager, to take enforcement action against an owner Section 117
contravening section 114 of the Act.
Power to approve the use of a building, other than a class 1, 2, 3 or 4 building, for Section 119
residential purposes.
Power to give the owner of a building a certificate of classification for the building Section 123
if built before 30 April 1998 and the owner applies.
Power to give a building certifier a notice (‘show cause notice’). Section 206(1)
Power to consider any representations made under the show cause notice and Section 207
decide to take no further action, or apply to the Queensland Civil and
Administrative Tribunal to start a disciplinary proceeding against the building
certifier.
Power to apply to the Queensland Civil and Administrative Tribunal to conduct Section 208(1)
disciplinary proceeding to determine whether there are proper grounds for taking
disciplinary action against a building certifier.
Power to notify the QBCC of its application to the Queensland Civil and Section 210
Administrative Tribunal.
Power to consult with any other entity considered appropriate in deciding an Section 221(2)
application made by the owner of a budget accommodation building to approve a
period for the building under section 220(a)(ii) or (b)(ii) (longer periods for
approval).
Power to grant (including with reasonable conditions) or refuse an application Section 221(3)
made by the owner of a budget accommodation building to approve a period for
the building under section 220(a)(ii) or (b)(ii) (longer periods for approval).
Power to, on written application from the owner, decide whether or not a building Section 222(2)
conforms with fire safety standards and, if applicable, state what must be done to
make the building conform.
Power to inspect budget accommodation buildings at least once every 3 years. Section 228
Power, as local government, to approve, with or without conditions, a later day for Section 231AK
a residential care building to comply with section 231AK of the Building Act. (a)(iii) and (b)(iii)
and section
231AL
Power, as local government, on an application by the owner of an RCB for a later Section 231AL
day to obtain a fire safety compliance certificate or certificate of classification to: and (b)(iii) and
(a) consult on the application; section 231AL
(b) decide the application;
(c) impose conditions on the grant of an application;
(d) give an information notice about the decision.
Power to, on application by a pool owner, decide an application for exemption Section 237
from complying with part of the pool safety standard relating to barriers for a
regulated pool due to disability (with or without conditions).
Power to give notice of each exemption granted under Chapter 8, Part 2, Division Section 239
3 to the QBCC commissioner.
Power to give an applicant a show cause notice. Section 242(2)
4
Page 2 of 5
Section 5
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-20
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to consider any representations made under the show cause notice and Section 242(3)
give a further notice (a revocation notice) to the applicant, revoking the decision
previously given.
Power to give to the QBCC commissioner notice of each revocation notice given. Section 243
Power to, on application by a pool owner for exemption from complying with part Section 245A
of the pool safety standard relating to barriers for the regulated pool due to
compliance being impracticable, require further information to establish that
compliance with the part of the pool safety standard is not practicable.
Power to, on application by a pool owner, decide an application for exemption Section 245B
from complying with part of the pool safety standard relating to barriers for the
regulated pool due to compliance being impracticable (with or without conditions).
Power to give written notice of the grant of an exemption. Section 245C(1)
Power to give an information notice. Section 245C(2)
Power to give the owner of the regulated pool a show cause notice. Section 245E(2)
Power to consider any representations made under the show cause notice and Section 245E(3)
give a further notice (a revocation notice) to the owner, revoking the decision
previously given.
Power to give the QBCC commissioner the notices required by sections 245F(1) Section 245F
and 245F(2).
Power to make copy of exemption available for inspection and purchase as if it Section
were a document that chapter 9, 245FA(2)
part 6 of SPA must be available for inspection and purchase.
Power, as owner of adjoining land, to agree with the pool owner as to the Section
construction of a pool barrier along the common boundary. 245XB(2)
Power, as owner of adjoining land, to agree with the pool owner as to the Section
alteration or replacement of a dividing fence that is used, or proposed to be used, 245XD(2)
as a pool barrier along the common boundary.
Power, as owner of adjoining land where a pool barrier is constructed along the Section
common boundary for a pool on the other land, to: 245XF(2) and
•alter or replace the part of the pool barrier with the agreement of the pool owner; (3)
or
•attach a think on the part of the pool barrier that does not unreasonably or
materially alter or damage the barrier.
Power, as owner of adjoining land, to grant access to Council’s land to the owner Section
of the other land to carry out fencing work. 245XG(1)
Power, as owner of adjoining land, where Council has carried out urgent fencing Section
work under section 245XK of the Building Act and the owner of the other land is 245XN(2)
responsible for some or all of the costs of carrying out the fencing work under
section 245XH of the Building Act, to require the owner of the other land to
contribute a share for any reasonable cost incurred for the fencing work.
Power, as owner of adjoining land, to apply to QCAT, in the absence of the owner Section
of the other land, for authorisation to carry out fencing work, including 245XS(1)
apportionment of the contributions for the work.
Power, as owner of adjoining land, where an order has been made under section Section
245XS(1) of the Building Act and the owner of the other land has since been 245XS(3)
located, to give a copy of the order to the owner of the other land and recover the
contribution as stated in the order.
5
Page 3 of 5
Section 6
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-20
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as owner of adjoining land, where the owner of the other land has carried Section
out fencing work for a dividing fence forming part of a pool barrier without 245XV(2)
authorisation, to apply to QCAT for an order requiring the owner to rectify the
dividing fence.
Power to inspect a regulated pool for compliance when a pool safety complaint Section
notice, or section 245I or 245UA notice is received. 246ADA(2)
Power to take necessary enforcement action to ensure the pool complies with the Section
pool safety standard or fencing standards for the pool. 246ADA(5)
Power to cancel pool safety certificate for a regulated pool. Section
246AF(2)
Power to give the QBCC commissioner notice of the cancellation of the pool Section
safety certificate for a regulated pool. 246AF(3)
Power to give a show cause notice before cancelling a pool safety certificate. Section
246AG(1)
Power to consider submissions and decide whether to cancel a pool safety Section
certificate. 246AG(5)
Power to comply with a request for information from the QBCC commissioner. Section
246AIB(2)
Power to give the QBCC commissioner notice of each existing regulated pool in Section 246AQ
Council’s local government area of which it has a record.
Power to give the swimming pool safety advisory information to the owner of each Section 246ATC
non-certificate regulated pool in its local government area.
Power to, by gazette notice, designate land as a transport noise corridor. Section 246X
Power to give a notice (‘enforcement notice’) to the owner of a building, structure Section 248(1)
or building work.
Power to give an enforcement notice to a person who does not comply with a Section 248(2)
particular matter in the Building Act 1975.
Power to give a person a show cause notice. Section 248(3)
Power, as local government, to make a complaint for an offence against section Section
245G(1) of the Building Act 1975. 256(2)(d)
Power, as local government, to make a complaint for an offence against section Section
245K, 245L or 246AR(2) of the Building Act 1975. 256(2)(e)
Power, as local government, to make a complaint for an offence against section Section
246AD(2) or 246AJ(4) of the Building Act 1975. 256(2)(f)
Power, as local government, to make a complaint for an offence against section Section
246AP(2) of the Building Act 1975. 256(2)(g)
Power, as local government, to make a complaint for an offence against chapter Section
8, part 4, division 5, subdivision 2, other than section 246ATH(2) of the Building 256(2)(h)
Act 1975.
Power, as local government, to make a complaint for an offence against chapter Section
8, part 5 of the Building Act 1975. 256(2)(i)
Power, as local government, to make a complaint for an offence in the Building Section
Act 1975 other than an offence listed in section 256(2)(a)-(j) of the Building Act. 256(2)(k)
Power to extend the time for an owner of a swimming pool to comply with section Section 262
235 (where an extension under section 49H(11)(b) of the Local Government Act
1936 is still in force.
6
Page 4 of 5
Section 7
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-20
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers, the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical
knowledge and legislative requirements.
7
Page 5 of 5
Section 8
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-21
DELEGATION OF AUTHORITY
TITLE: ENVIRONMENTAL PROTECTION Delegation No: 2015-21
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Environmental Protection (Water) Policy 2009
Environmental Protection Act 1994
Environmental Protection Regulation 2008
Delegated Power:
1. To exercise powers of the council pursuant to the Environmental Protection (Water) Policy
2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, in cooperation with the chief executive, to develop a healthy waters Section 24(2)
management plan.
2. To exercise powers of the council pursuant to the Environmental Protection Act 1994.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an affected person, to make written comments to the chief executive Sections 42 and
about a TOR notice. 43
Power to make a written submission about a submitted EIS. Section 54
Power, as an administering authority, to give an applicant a notice about an Section 128
application that is not a properly made application.
Power to agree a further period within which the applicant must give notice Section 129
under section 128
Power, as an administering authority, to give a notice about an application made Section 130
by joint applicants, to the principal applicant nominated in the application.
Power, as an administering authority, to refuse to allow a change to an Section 132
application if the change would result in the application not being a properly
made application and the applicant does not take action to make the remade
application properly made.
Power, as an administering authority, to give written agreement that a change to Section 133
an application is a minor change.
8
Page 1 of 10
Section 9
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to determine satisfaction that the Section
requirements under the application stage have been complied with. 136(b)(i)
Power, as an administering authority, to make a written information request to Section 140
the applicant to give further information needed to assess the application.
Power, as an administering authority, to agree to extend the applicant’s Sections 145
information request response period. and 147
Power, as an administering authority, to determine not to make an information Section
request. 148(b)(i)
Power, as an administering authority, to give the applicant an information notice Section 152
prescribing an additional or substituted way to give public notice of an
application.
Power to decide to allow or not allow substantial compliance with public notice Section 159
requirements.
Power, as an administering authority, to by written notice to the applicant extend Section 168
the decision period and further extend the decision period with the written
agreement of the applicant.
Power, as an administering authority, to approve a standard application subject Section 170
to the standard conditions for the relevant activity or authority.
Power, as an administering authority, to approve a variation application subject Section 171
to the standard conditions for the relevant activity or authority or subject to
conditions which are different to the standard conditions for the activity or
authority.
Power, as an administering authority, to refuse a site- specific application or Section 172
approve a site-specific application subject to conditions.
Power, as an administering authority, to impose a condition on an environmental Section 203
authority or draft environmental authority to which section 115 applies.
Power, as an administering authority, to amend an environmental authority to Section 211
correct a clerical or formal error by giving written notice to the holder but only if
the amendment does not adversely affect the interests of the holder or anyone
else.
Power, as an administering authority, to amend an existing environmental Section 213
authority issued subject to conditions to replace the existing standard conditions
with new standard conditions issued by the chief executive and to give written
notice of the amendment to the environmental authority holder.
Power, as an administering authority, to make an amendment to an Section 215
environmental authority which is necessary or desirable because of a matter
mentioned in section 215(2) or if the holder has agreed in writing to the
amendment.
Power, as an administering authority, to make other amendments to an Sections 216
environmental authority in accordance with the procedure required by Chapter and 219
5, Part 6, Division 2 or with the written agreement of the authority holder.
Power, as an administering authority, to refuse an amendment application to Section 227A
which section 227A(1) applies, to require the environmental authority holder to
make a site specific application and to give written notice of the refusal to the
applicant.
Power, as an administering authority, to decide whether an application made by Section 228
the holder of an environmental authority to amend the authority is a minor or
major amendment.
Power, as an administering authority, to give written agreement to the continued Section 237
assessment of a changed application to amend an environmental authority.
9
Page 2 of 10
Section 10
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to request further information needed to Section 238(3)
assess a changed amendment application which is not a minor change and to
which the information stage applies.
Power, as an administering authority, to decide that the notification stage be Section 238(7)
repeated in respect of a changed amendment application which would be likely
to attract a submission objecting to the change.
Power, as an administering authority, to:- Section 240 and
(a) decide to approve or refuse an amendment application; 242
(b) if the amendment is approved, to make other amendments to the
conditions of the environmental authority;
(c) give notice of the decision to the applicant; and
(d) include a copy of any amended environmental authority in the register
Power, as an administering authority, to decide to approve an application to Section 247
amalgamate environmental authorities or refuse an amalgamation application to
which section 247(1)(b) applies.
Power, as an administering authority, to approve or refuse an application by the Section 254
holder of an environmental authority to transfer all or part of the environmental
authority to another entity.
Power, as an administering authority, to decide whether a final rehabilitation Section 264
report includes enough information to decide that the requirements in section
264(1)(b)(i) and 264(1)(b)(ii) have been met.
Power, as an administering authority, to make a written request to an applicant Section 265
to give further information needed to assess an application to surrender an
environmental authority.
Power, as an administering authority, to approve or refuse a surrender Section 266
application.
Power, as an administering authority, to cancel or suspend an environmental Sections 278,
authority if an event mentioned in section 278(2) has occurred and to give notice 282 and 283
of the decision.
Power, as an administering authority, to give written notice to the environmental Section 280
authority holder of a proposed action to cancel or suspend the environmental
authority.
Power, as an administering authority, to approve or refuse an application made Section 284C
by the holder of an environmental authority to suspend the environmental
authority.
Power, as an administering authority, to impose a condition on an environmental Section 292
authority requiring the holder to give financial assurances as security for
compliance with the environmental authority and for costs or expenses
mentioned in section 298.
Power, as an administering authority, to decide the amount and form of financial Section 295
assurance required under a condition of an environmental authority.
Power, as an administering authority, to decide to make a claim on or realise a Section 301
financial assurance.
10
Page 3 of 10
Section 11
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to by written notice require an applicant to Section 304
give a compliance statement for a financial assurance before deciding an
application to amend or discharge the financial assurance.
Power, as an administering authority, to approve or refuse an application by the Section 305
holder of an environmental authority to amend the amount or form of a financial
assurance stated in a notice given under section 296 or to discharge a financial
assurance.
Power, as an administering authority, to require a change of the amount of a Section 306
financial assurance.
Power, as the administering authority, to recover from the holder of an Section 308
environmental authority as a debt, outstanding annual fees.
Power, as an administering authority, to change the anniversary day for an Section 310
environmental authority for which an annual fee is prescribed, in the
circumstances provided for by section 310(1)(a) and 310(1)(b).
Power, as an administering authority, to change an anniversary day for an Section 311
environmental authority.
Power, as an administering authority, to in the circumstances specified in Section 314
section 314(1)(a) and 314(1)(b) require the holder of the environmental authority
to make a site-specific application for a new environmental authority under
Chapter 5 Part 2 or make an amendment application for the authority under
Chapter 5 Part 7.
Power, as an administering authority, to ask any entity for advice, comment or Section 315
information about an application made under Chapter 5.
Power, as person aware of an event described in section 320A, to give written Section 320C
notice of the event, its nature and the circumstances in which it happened to the
administering authority, any occupier of the affected land or any registered
owner of the affected land, or by public notice.
Power, as employer aware of an event described in section 320A, to give written Section 320D
notice of the event, its nature and the circumstances in which it happened to the
administering authority, any occupier of the affected land or any registered
owner of the affected land, or by public notice.
Power, as an administering authority, to require a person to conduct or Sections 322
commission an environmental audit. and 323
Power, as an administering authority, to require a person to conduct or Section 326B
commission an environmental investigation.
Power, as an administering authority, to ask for further information. Section 326F
Power, as an administering authority, to require a person or public authority to Section 332
submit a draft transitional environmental program.
Power to submit a draft transitional environmental program to the administering Section 333
authority for approval.
Power, as an administering authority, to by written notice require the person or Section 334A
public authority that submitted the draft transitional environmental authority to
give further information.
11
Page 4 of 10
Section 12
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to make a submission in relation to a draft transitional environmental Section 335
program.
Power, as an administering authority, to invite parties to a conference to help it Section 336
determine whether or not to approve a draft transitional environmental program.
Power, as an administering authority, to seek advice, comment or information Section 336A
about a TEP submission.
Power, as an administering authority, to extend the period for decision about a Section 337
draft transitional environmental program and approve a draft transitional
environmental program.
Power, as an administering authority, to:- Section 339(1)
a) approve a draft transitional environmental program as submitted or with
amendments requested or agreed to by the administering authority; or
b) refuse to approve a draft transitional environmental program.
Power, as an administering authority, to impose on an approval of a draft Section 339(2)
transitional environmental program:-
a) any conditions the authority must impose under a regulatory requirement;
and
b) any other conditions the administering authority considers appropriate.
Power, as an administering authority, to give a person or public authority who Section 340
submitted a draft transitional environmental program for approval written notice
of the decision.
Power, as an administering authority, to approve a draft transitional Section 342
environmental program if there has been substantial compliance with public
notice requirements.
Power, as an administering authority, to consider and approve or refuse an Section 344
application to amend a transitional environmental program.
Power, as an administering authority, to apply to the Court for an order that Section 355
section 353(1) does not apply.
Power, as administering authority, to – Section 357E
grant an application for a temporary emissions licence, with or without
conditions, as submitted or on different terms than have been requested in
the application; or
refuse to grant the application for a temporary emissions licence
Power, as administering authority, to amend, cancel or suspend a temporary Section 357J
emissions licence.
Power, as holder of a temporary emissions licence, to give written agreement to Section 357J
the amendment of the licence.
Power, as an administering authority, to issue an environment protection order. Section 358
Power, as owner or occupier of land, to advise the administering authority that – Section 371
a notifiable activity is being carried out on the land; or
the land has been, or is being, contaminated by a contaminant that Council
knows to be hazardous contaminant.
12
Page 5 of 10
Section 13
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as local government, to notify the administering authority that – Section 372
a notifiable activity has been, or is being, carried out in Council’s area; or
land in its area has been, or is being, contaminated by a contaminant that
Council knows is a hazardous contaminant.
Power, as owner of land, to make submissions in response to a notice from the Section 373
administering authority that its land is being used for a notifiable activity or is
contaminated.
Power, as the owner of land, to conduct or commission, or permit a person to Section 375
conduct or commission, a site investigation.
Power, as the person who released the contaminant, the relevant local Section 376
government or the owner of the land, to conduct or commission a site
investigation where requested to do so by an administering authority.
Power, as the recipient of a notice to conduct or commission a site investigation, Section 378(1)
to apply to the administering authority to waive the requirement for a site
investigation.
Power, as recipient of a notice to conduct or commission a site investigation, or Section 385 (1)
person who submitted the report, to provide another site investigation report or and (2)
to provide further information if requested by the administering authority.
Power, as owner, to consent to another party entering its land to conduct or Section 390
commission remediation works.
Power, as the person who released the hazardous contaminant contaminating Section 391
the land, the relevant local government or the owner of the land, to conduct or
commission remediation works in relation to contaminated land upon request by
the administering authority.
Power, as the recipient of a remediation notice under section 391, to request it Section 392(1)
be waived.
Power, as owner of land, to consent to the preparation and submission of a draft Section 403 and
site management plan by a third party. 404
Power, to prepare, or commission the preparation of, a site management plan if Section 405
requested to do so by the administering authority
Power, as the person who released the contaminant, the relevant local Section 405
government or the owner of the land, to prepare, or commission the preparation
of, a site management plan if requested to do so by the administering authority.
Power, as owner of land, to request the administering authority to waive the Section 407
requirement to prepare a site management plan for contaminated land.
Power, as owner of land, to consent to a third party entering the land to prepare Section 409
a site management plan.
Power, as owner of land, to agree to an amendment to the site management Section 419(1)
plan made by the administering authority.
Power, as the person who released the contaminant, the relevant local Section 419(2)
government or the owner of the land, to submit, at the request of the
administering authority, a draft amendment of a site management plan.
13
Page 6 of 10
Section 14
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to require a person to provide information Section 451
for the enforcement or administration of this Act.
Power, as owner of land, to consent to an authorised person’s entry onto the Section 454
land.
Power, as an administering authority, to issue a notice that an authorised person Section
will enter land. 454(3)(b) and
(4)
Power, as an administering authority, to waive payment of costs of investigation Section 489
or remediation work.
Power, as an administering authority, to make an application to the court for an Section 501
order against a defendant for costs. (1)(c)
Power, as an administering authority, to carry out work or take other action Section 502A(2)
reasonably necessary where a person has failed to comply with an order made
under section 502.
Power, as an administering authority, to make an application to the Court to Section 505
remedy or restrain an offence against this Act.
Power to exercise all the powers of the chief executive that have been Section 516
delegated to Council. (Sub-section (2) permits sub delegation of these powers to
a qualified entity).
Power, where the chief executive has delegated the powers as an administering Section 518(1)
authority to Council, to exercise those delegated powers.
Power, as an administering authority, to review a decision. Section 521(5)
Power, as a dissatisfied person, to apply for a review of an original decision. Section 521
Power, as a dissatisfied person that has applied for a review under section 521, Section 522
to apply to the Planning and Environment Court or the Land Court for a stay of
operation of the original decision.
Power, as a dissatisfied person, to appeal to the Land Court against a review Section 524
decision of an original decision mentioned in schedule 2, part 1.
Power, as a dissatisfied person, to appeal to the Planning and Environment Section 531
Court against a review decision of an original decision, other than a review
decision to which Chapter 11, Part 3, Division 3, Subdivision 1 of this Act applies
or a review decision that relates to an original decision mentioned in Schedule 2,
Part 3.
Power, as an administering authority, keep the registers listed in section 540(1) Section 540,
and keep them available for inspection. 541 and 542
Power, as an administering authority, to prepare and submit a report to the chief Section 546
executive.
Power, as an administering authority, to request written notice of damage Section 578
caused to land or something on the land by a person who enters land under an
entry order.
Power, as an administering authority, to change or cancel a condition of an Section 620
environmental authority given continuing effect under section 619(2)(d) or
619(4)(d) of this Act.
14
Page 7 of 10
Section 15
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, in relation to an activity being carried out Section 621
under section 619(1) of this Act, to give the person carrying out the activity a
development approval and a registration certificate.
Power, as an administering authority, to give the registered operator for a level 1 Section 623
approval for a level 1 chapter 4 activity taken to be a registration certificate
under section 619, a notice stating that section 316 applies to the registration
certificate.
Power, as an administering authority, to amend a condition about financial Section 634
assurance imposed under Chapter 13 Part 7.
Power, as an administering authority, to consider or continue to consider, a draft Section 671(2)
transitional program submitted under section 332 or 333 before 4 April 2011 and
decide whether to approve it under the unamended Act.
Power, as an administering authority, to approve or refuse an application made Section 697
by the holder of a transitional authority, to convert the conditions of the
transitional authority to the standard conditions for the authority or relevant
activity.
Power, as an administering authority, to approve an application to convert a Section 698B
surrendered registration certificate to an environmental authority that has been
suspended under Chapter 5, Part 11A of this Act.
Power, as an administering authority, to amend an environmental authority to Section 699
which a requirement applies to impose a condition about the financial assurance
and to give written notice of the amendment to the authority holder.
3. To exercise powers of the council pursuant to the Environmental Protection Regulation 2008.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a generator, to give the transporter the prescribed information about Section 81I
the waste in the prescribed form and to record the prescribed information
about the waste.
Power, as a transporter, to give the receiver the prescribed information about Section 81J(2)
the waste in the prescribed form and to record the prescribed information
about the waste.
Power, as a transporter, to give the administering authority notice of a Section 81J(3)
discrepancy in information received from the generator.
Power, as a receiver, to record the prescribed information about the waste. Section 81K(1)
Power, as a receiver, to give a copy of the prescribed information about the Section 81K(2)
waste to the administering authority.
Power, as a receiver, to give the administering authority notice of a Section 81K(3)
discrepancy in information received from the transporter.
Power, as a receiver, to record the prescribed information about the waste. Section 81O(1)
Power, as a receiver, to give a copy of the prescribed information about the Section 81O(2)
waste to the administering authority.
Power, as a receiver, to give the administering authority notice of a Section 81O(3)
discrepancy in information received from the transporter.
Power, as a generator, to give the transporter the prescribed information about Section 81R(1)
the waste and to record the prescribed information about the waste.
Power, as a transporter, to give the administering authority notice of a Section 81S(2)
discrepancy in information received from the generator.
15
Page 8 of 10
Section 16
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to apply to the administering executive for approval of a particular way Section 81W
of giving prescribed information to the administering authority under division 3
and to take all steps necessary to advance the application.
Power to apply to the administering executive for a consignment number for Section 81X
loads of trackable waste to be transported into Queensland and to take all
steps necessary to advance the application.
Power to apply to the administering executive for an exemption for the Section 81Y
transportation of trackable waste to which Chapter 5, Part 9 applies and to
take all steps necessary to advance the application.
Power to apply to the administering executive for a generator identification Section 81ZB
number.
Power to require an owner or occupier of relevant premises to supply waste Section
containers other than standard general waste containers. 81ZF(1)(b)
Power to require an owner or occupier of relevant premises to supply waste Section 81ZF(2)
containers other than standard general waste containers.
Power to require a waste container to be kept at a particular place at premises. Section
81ZH(1)(a)
Power to require a prescribed person of serviced premises, other than a Section 81ZI(2)
detached dwelling, to supply:
(a) an elevated stand; or
(b) an imperviously paved and drained area for the waste containers, and
(c) a hose cock and hose in the vicinity of the stand or paved area; and
(d) a suitable enclosure for the waste containers
Power to give a written notice about the removal of general waste. Section 81ZJ
Power to give written approval to the owner or occupier of relevant premises Section 81ZK
for depositing and disposing of general waste and to impose conditions on the
approval.
Power to require the occupier of relevant premises where there is industrial Section 81ZL
waste to:
(a) supply industrial waste containers;
(b) keep the waste containers in a specified location; and
(c) keep the waste containers clean and in good repair.
Power to require occupier of relevant premises, where there is industrial Section 81ZM
waste, to treat the waste to the standard required by Council for disposal of the
waste at a waste facility.
Power to administer and enforce those provisions of the Act devolved to Sections 98, 99,
Council. 100 and 101, 102
Power, as an administering authority, to recover as a debt an unpaid fee under Section 116A
the Act.
Power, as an administering authority, to recover as a debt from the holder of Section 134
an environmental authority an unpaid supplementary annual fee for an
amended environmental authority.
Power, as an administering authority, to recover as a debt from the holder of Section 135
an environmental authority any shortfall in the annual fee which results from a
major amendment to the environmental authority
Power, as an administering authority, to refund the holder of an environmental Section 136
authority any overpayment of the annual fee which results from a major
amendment to the environmental authority.
16
Page 9 of 10
Section 17
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce former environmentally relevant activities Section 156
devolved to Council.
Power, as an administering authority, to refund:- Section 164
a) the application fee for a later application; and
b) the annual fee for a development approval for chemical storage.
Power, as an administering authority, to refund to the holder of an Section 168
environmental authority an annual fee if environmental authorities are
amalgamated.
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter
of appointment and/or, position description, qualifications, technical knowledge and
legislative requirements.
17
Page 10 of 10
Section 18
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-23
DELEGATION OF AUTHORITY
TITLE: LAND
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 Section 257
Land Act 1994
Delegated Power:
To exercise the powers of council pursuant to the Land Act 1994.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a person who may take water under the Water Act 2000, section Section 13A(4)
20(3), to exercise a right of access, a right of grazing and a right to bring action
for trespass over the adjacent land.
Power, as owner of land having a non-tidal boundary (the relevant land), to Section 13B(1)
apply to the chief executive (water) to have land adjoining the relevant land
(the watercourse land) declared to be former watercourse land.
Power to give notice of the person’s intention to make an application pursuant Section 13B(2)
to section 13B to the owners of any land that adjoins the watercourse land
Power, as an applicant under section 13B (1), to appeal against the refusal of Section 13B(6)
the application.
Power, as registered owner of land, to enter an agreement with the Governor Section 18(1)
in Council to exchange all or part of the freehold land for the grant of
unallocated State land.
Power, as lessee of a freeholding lease, to enter an agreement with the Section 18(2)
Governor in Council to exchange all or part of the freeholding lease for a
freeholding lease over unallocated state land.
Power, as lessee of a term lease (other than a State lease or a perpetual Section 18(3)
lease), to enter an agreement with the Minister to exchange all or part of the
term lease for a lease of unallocated State land for a term of years or in
perpetuity.
Power, as a person seeking to have a plan of subdivision registered in relation Section 23A(1)
to the land contained in a deed of grant, deed of grant in trust or lease, to
apply to the Minister for the allocation of a floating reservation to some or all of
the lots created by the plan.
Power, as an applicant under section 23A (1), to appeal against the Minister’s Section 23A(6)
decision.
18
Page 1 of 9
Section 19
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-23
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as registered owner of the deed of grant or lessee of a free holding Section 24(3)
lease of a reservation for a public purpose to be sold under section 24(1), to
apply to the Governor in Council to buy the land.
Power to appeal against the Minister’s determination of the unimproved value Section 25(2)
of land to be sold under section 24(1) of the Land Act 1994.
Power, as trustee, lessee or registered owner, to agree to the Minister’s Section 26(2)
proposal to change the boundaries of a lease, deed of grant or deed of grant in
trust where the Governor in Council is resuming possession of all or part of a
reservation and the boundaries of the reservation are not stated in the lease,
deed of grant or deed of grant in trust.
Power, as lessee, registered owner or trustee, to appeal the Minister’s decision Section 26(4)
to change the boundaries of a lease, deed of grant or deed of grant in trust
where the Governor in Council is resuming possession of all or part of a
reservation and the boundaries of the reservation are not stated in the lease,
deed of grant or deed of grant in trust.
Power, as lessee or registered owner, to buy a forest entitlement area under Section 26B(2)
sections 24 and 25.
Power, as lessee or registered owner, to appeal against the value decided by Section 26B(8)
the Minister for commercial timber on a forest entitlement area that the local
government is buying.
Power, to apply to the Minister for the dedication of a reserve. Section 31C(1)
Power to give notice of the intention to apply for the dedication of a reserve. Sections 31C(2)
and 31C(3)
Power, as trustee, to apply to the Minister to change the boundary of a reserve Section 31D(1)
or the purpose of a reserve.
Power to give notice of the intention to change the boundary of a reserve or Sections 31D(2)
the purpose of a reserve. and 31D(3)
Power, as trustee, to consult with the Minister in response to a proposed State Section 32
lease over a reserve.
Power to apply to the Minister to revoke the dedication of all or part of a Section 34(1)
reserve.
Power to give notice of the intention to apply to the Minister to revoke the Sections 34(2)
dedication of all or part of a reserve. and 34(3)
Power, as owner of improvements on a reserve the dedication to which has Section 34H(1)
been revoked, to apply to remove improvements on the reserve.
Power, as owner of improvements on a reserve the dedication to which has Section 34H(2)
been revoked, to remove improvements with the written approval of the
Minister.
Power, as trustee of an operational reserve, to apply for a deed of grant over Section 34I(1)
the reserve.
Power, as trustee of an operational reserve, to give notice of the intention to Sections 34I(3)
apply for a deed of grant over the reserve. and 34I(4)
Power, as trustee, to apply for an additional community purpose or to Section 38A(1)
amalgamate land with common purposes.
19
Page 2 of 9
Section 20
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-23
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as trustee, to apply for the cancellation of a deed of grant in trust under Section 38A(2)
section 38.
Power, as trustee, to give notice of the intention to apply under section 38A. Sections 38A(3)
and 38A(4)
Power, as owner of improvements on a deed of grant in trust that has been Section 38G(1)
cancelled, to apply to remove the improvements on the deed of grant in trust.
Power, as owner of improvements on a deed of grant in trust that has been Section 38G(2)
cancelled, to remove the improvements with the Minister’s approval.
Power to accept appointment as trustee. Section 44
Power, as trustee, to advise the chief executive of change in details. Section 45
Power, as trustee, to comply with the administrative, accounting function and Sections 46, 47,
other directions provided by Minister. 48 and 49
Power to take all necessary action for the maintenance and management of Sections 52(1)
trust land.
Power, as trustee, to surrender all or part of a deed of grant in trust on terms Section 55(1)
agreed with the Minister and with the Minister’s written approval.
Power, as trustee, to apply to surrender all or part of a deed of grant in trust. Section 55A(1)
Power, as trustee, to give notice of the intention to apply to surrender all or Sections 55A(2)
part of a deed of grant in trust. and 55A(3)
Power, as owner of improvements on a deed of grant in trust that has been Section 55H(1)
surrendered, to apply to remove the improvements on the deed of grant in
trust.
Power, as owner of improvements on a deed of grant in trust that has been Section 55H(2)
surrendered, to remove the improvements on the deed of grant in trust with the
written approval of the Minister.
Power, as trustee, to lease all or part of the trust land if the trustee first obtains Section 57(1)
the Minister’s written “in principle’ approval to the lease.
Power as trustee to, without the Minister’s approval, grant a trustee lease Section 57(3)
(construction) or a trustee lease (State or statutory body) over all or part of the
trust land.
Power to seek the Minister’s approval to amend a trustee lease. Section 57A(1)
Power, as trustee lessee, to transfer, mortgage or sublease a trustee lease Section 58(1)
subject to the written approval of the Minister and the trustee to the
transaction.
Power to appeal against the Minister’s decision to refuse to allow a transfer, Section 58(7)
mortgage or sublease of a trustee lease.
Power, as trustee, to issue a trustee permit to use all or part of the trust land. Section 60(1)
Power to lodge a trustee permit in the appropriate register. Section 60(3)
Power to seek consent to group trust land reserved for similar purposes Section 62
together.
Power to seek the Minister’s approval for rent from a trustee lease or trustee Section 63(3)
permit to be applied to costs other than on maintenance and enhancement of
the trust land.
20
Page 3 of 9
Section 21
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-23
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a relevant person, to apply for approval to lease, sublease or sub- Section 64(4)
sublease trust land even if an authority is in force.
Power, as trustee, to cancel a trustee lease or trustee permit if the lessee or Section 65(1)
permittee does not comply with the conditions of the lease or permit.
Power to allow the trustee lessee or trustee permittee to remove the trustee Section 66(1)
lessee’s or trustee permittee’s improvements on the land within a reasonable
time stated by the trustee.
Power, as trustee of a deed of grant in trust, to mortgage a deed of grant in Section 67(2)
trust issued prior the commencement of the, subject to the Minister’s approval
under section 67(4).
Power to mortgage a deed of grant in trust issued after the commencement of Section 67(3)
the subject to section 67(3)(a) and (b) and the Minister’s approval under
section 67(4).
Power, as trustee of trust land for cemetery purposes, to repair or remove Section 80(1)
structures, monuments or tombstones from a cemetery on trust land.
Power to ask the Minister that a cemetery on trust land be closed to further Section 81(1)
burials.
Power to ask the Minister to re-open a cemetery previously closed for further Section 81(4)
burials.
Power to agree to take on the trusteeship of a cemetery from trustees of the Section 82
cemetery, and to agree on the terms of the transfer.
Power to seek approval from the Minister to exhume a body from a cemetery, Section 83(1)
in the absence of any local law covering the matter.
Power to apply to the Minister seeking approval to surrender land granted for Section 84(1)
an estate in fee simple for some community, public or similar purpose, the land
to the State, and for the issue of a deed of grant in trust under this Act for a
community or public purpose.
Power to apply for land to be dedicated as a road for public use. Section 94(2)
Power to apply to the Minister to permanently close a road. Section 99(1)
Power to apply to the Minister to temporarily close a road. Section 99(3)
Power, as an adjoining owner of land who makes an application to Section 99(4)
permanently close a road pursuant to section 99(1) of the , to ask that the land
be amalgamated with the adjoining owner’s adjoining land upon its closure.
Power to object to a road closure application in response to a public notice. Section 100
Power, as a road licensee, to surrender all or part of a road licence. Section 105(3)
Power, as registered owner of land, to apply for the simultaneous opening and Section 109A(1)
closing of roads subject to the conditions in section 109A(1)(a), (b) and (c).
Power, as registered owner, to ask the Minister to include certain matters in Section 109A(2)
the deed of grant in trust issued under section 358.
Power, as registered owner, to appeal against any conditions the Minister Section 109A(3)
imposes under section 420I.
Power, as trustee of lessee, to apply for the simultaneous opening or closing of Section 109B(1)
roads subject to section 109B (1)(a), (b) and (c).
21
Page 4 of 9
Section 22
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-23
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to ask the Minister to include certain matters in the deed of grant in trust Section 109B(2)
issued under section 358 or dedicated as a reserve under section 31A
(whichever is applicable).
Power, as lessee, to ask that the land in the road being closed be Section 109B(3)
amalgamated in accordance with section 109B (3)(a) or (b) (whichever is
applicable).
Power, as trustee or lessee, to appeal against any conditions the Minister Section 109B(4)
imposes under section 420I.
Power to apply for an interest in land that may be granted without competition. Section 120A(1)
Power, as lessee, to apply to the Minister that a lease be used for additional or Section 154
fewer purposes.
Power, as lessee, to apply for extension of a term lease (40 years). Section 155A(2)
Power, as lessee, to apply for extension of a term lease (50 years). Section 155B(2)
Power, as lessee, to apply for extension of a term lease (75 years). Section 155BA(2)
Power, as lessee, to apply for an offer of a new lease (a renewal application). Section 158
Power, as an applicant for a renewal application, to appeal against the chief Section 160(3)
executive’s decision to refuse the renewal application if the only reason for the
refusal was that the applicant had not fulfilled the conditions of the lease.
Power, as lessee, to apply to convert a perpetual lease to freehold land and a Section 166(1)
term lease to a perpetual lease or to freehold land.
Power, as applicant for a conversion application, to appeal against the chief Section 168(5)
executive’s decision to refuse the conversion application if the only reason for
the refusal was that the applicant had not fulfilled the conditions of the lease.
Power to appeal against the chief executive’s decision on the purchase price Section 170(2)
for the conversion of a lease to a deed of grant.
Power, as lessee, to apply for approval to subdivide the lease. Section 176(1)
Power to appeal against the Minister’s decision to refuse an application for Section 176E
approval to subdivide a lease.
Power, as lessee of 2 or more leases, to apply to the Minister for approval to Section 176K(1)
amalgamate the leases.
Power, as a local government, to prepare a statement of Council’s views on Section
the amalgamation of 2 or more leases. 176K(3)(b)
Power to give the chief executive an opinion in respect of a proposed road Section 176N
closure.
Power to consult with the chief executive regarding the issue of a permit to Section 177
occupy unallocated State land, a road or a reserve.
Power to apply for a permit to occupy unallocated State land, a reserve or a Section 177A(1)
road.
Power to give notice of an intention to apply for a permit to occupy unallocated Section 177A(2)
State land, a reserve or a road.
Power, as an applicant for a permit, to enter an agreement with an adjoining Section 179
owner about the maintenance of a fence.
Power, as a permittee, to surrender a permit to occupy on terms agreed to Section 180(2)
between the chief executive and the permittee and with the chief executive’s
written approval.
22
Page 5 of 9
Section 23
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-23
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a relevant entity, to apply to surrender or cancel a permit to occupy. Section 180A
Power, as a permittee for a permit that is cancelled or surrendered, to apply to Section 180H(1)
remove the permittee’s improvements on the permit land.
Power, as a permittee, to remove improvements with the chief executive’s Section 180H(2)
written approval.
Power, as lessee, licensee or permittee, to give the Minister the information Section 201
asked for about the lease, licence or permit.
Power, as lessee, licensee or permittee, to apply to change an imposed Section 210
condition of the lease, licence or permit.
Power to appeal against the Minister’s decision to change an imposed Section 212(3)
condition about the protection and sustainability of the lease land.
Power to make submissions to the Minster in response to a warning notice. Section 214A
Power, as a lessee or licensee to whom a remedial action notice has been Section 214B
given, to appeal against the decision to give the notice.
Power, as a lessee or licensee to whom a remedial action notice has been Section 214D
given, to comply with the notice.
Power, as lessee, to appeal against the Minister’s decision to reduce the term Section 214F(3)
of, or impose additional conditions on, a lease.
Power, as a person who has a lawful interest in the matters listed at section Section 219(3)
219(3)(a), (b) and (c), to claim compensation as prescribed by the Acquisition
of Land Act 1967.
Power, as a compensation claimant, to appeal the Minister’s decision about Section 222(6)
the amount of loss, costs and expenses the claimant is entitled to claim.
Power, as owner of lawful improvements on a lease or part of lease resumed Section 225(2)
under the division, to claim compensation.
Power, as lessee, to appeal against the Minister’s decision on compensation Section 226(5)
payable.
Power, as owner of lawful improvements on all or part of a reservation Section 230(2)
resumed, to claim compensation.
Power, as owner, to appeal against the Minister’s decision on compensation Section 232(5)
payable.
Power, as a relevant local government of a term or a perpetual lease, to Section 239(4)
appeal against a decision under subsection (2)(b)(iv) to allow an entity other
than the relevant local government to sell the lease.
Power, after receiving a notice under section 235(1) or 238(3), as a lessee of a Section 240E(1)
lease, to make written application for permission to sell the lease.
Power, as a local government, to apply to the Minister to sell a lease. Section 240G
Power, as lessee of a forfeited lease, to apply to remove the lessee’s Section 243(1A)
improvements on the lease.
Power, as lessee of a forfeited lease, to remove the improvements with the Section 243(1)
written approval of the Minister.
23
Page 6 of 9
Section 24
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-23
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to lodge a standard terms document and amend the standard terms Sections 318 &
document by lodging a further document. 319
Power, as a lessee, licensee or the holder of a sublease, to apply to transfer a Section 322(1B)
lease, sublease or licence under the Act with the approval of the Minister.
Power, as a lessee, licensee or the holder of a sublease, to appeal a decision Section 322(6)
of the Minister not to grant the transfer of a lease, sublease or licence.
Power to surrender freehold land on terms agreed between the Minister and Section 327
the registered owner and with the Minister’s written approval.
Power to surrender a lease or part of a lease on terms agreed between the Section 327A
Minister and the lessee and with the Minister’s written approval.
Power, as a registered owner, to apply to the Minister to surrender freehold Section 327B
land.
Power, as a lessee, to apply to the Minister to surrender all or part of a lease. Section 327C(1)
Power, as a lessee, to give notice of an intention to apply to the Minister to Sections 327C(2)
surrender all or part of a lease. and 327C(3)
Power, as owner of improvements on a lease that has been surrendered, to Section 327I(1)
apply to remove the owner’s improvements on the lease.
Power, as owner of improvements on a lease that has been surrendered, to Section 327I(2)
remove the owner’s improvements with the Minister’s written approval.
Power, as lessee, to give notice of the intention to surrender a lease. Section 329(1)
Power to seek the Minister’s approval to sublease a lease issued under the Sections 332(1)
Act. and 332(2)
Power to appeal against the Minister’s refusal to approve the sublease of a Section 332(6)
lease issued under the Act. and
Power to seek the Minister’s approval to amend a sublease. Section 336
Power, as party to a sublease, to ask the chief executive to refer the dispute to Section 339B
mediation.
Power, as the registered owner or trustee, to surrender land if the description Section 358(1)
of the land is no longer correct, because of the reasons listed in section
358(1)(a) to (f).
Power, as registered owner or trustee, to surrender the land contained in the Section 358(2)
registered owner’s deed of grant or trustee’s deed of grant in trust if, on
resurvey of the land, the boundaries of the land do not agree with the
boundaries described in the existing deed or appropriate plan, and no doubt
exists about the boundaries of the land, with the written approval of the
Minister.
24
Page 7 of 9
Section 25
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-23
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to apply to amend the description in a freeholding lease if the Section 360C(1)
description of the lease may be amended under section 360(1)(a) or (d).
Power to apply to amend the description in a term lease, other than a State Section 360C(2)
lease, or a perpetual lease if the description of the lease may be amended
under section 360A(2)(a), (b) or (c).
Power to apply to amend the description in a State lease if the description of Section 360C(3)
the lease may be amended under section 360B (1)(a), (b), (c) or (d).
Power, as a lessee or a person acting for a lessee, to give notice of an Section 360D
intention to make an application under section 360C to amend the description
of a lease.
Power to sign the plan of survey for an easement where Council is the public Section 363(1)(b)
utility provider or the owner of the land to be burdened.
Power to sign a document surrendering an easement in favour of Council, Section 371(2)
where Council is one or more of the entities listed in subsections 371(2)(a) to
(c).
Power, as trustee of trust land, or as a lessee, licensee or permittee to start a Section 415
proceeding in the Magistrates Court for unlawful occupation or trespass of the
trust land, or a lease, licence or permit.
Power to make a submission in response to a notice received under the Act Section 420CB
about a proposed application.
Power to respond to a request from the Chief Executive for information listed in Section 420E
sections 420E(1)(a) and 420E(1)(b).
Power to apply to the Minister for a review of a decision. Section 423
Power to appeal to the Court against a decision. Section 427
Power to make a local law stating use conditions that apply to a declared Section 431T
beach area.
Power to consult with the Minister about whether Council wishes to be the Section 431U(2)
manager of a declared beach area.
Power to consult with the public and the owner of the lot about the use Section 431U(3)
conditions to be contained in a local law applying to a declared beach area.
Power, as licensee, to surrender all or part of an occupation licence, on terms Section 481A
agreed to between the Minister and the licensee and with the Minister’s written
approval.
Power, as a public utility provider or a licensee to apply to cancel or surrender Section 481B(1)
all or part of an occupation licence. and 481B(2)
Power, to give notice of an intention to, as a public utility provider or a Section 481B(4)
licensee, apply to cancel or surrender all or part of an occupation licence. and 481B(5)
Power, as a licensee of an occupation licence that is cancelled or surrendered Section 481J(1)
absolutely, to apply to remove the licensee’s improvements on the licence.
Power, as a licensee, to remove the licensee’s improvements on the licence Section 481J(2)
with the written approval of the Minister.
Power, as licensee of an occupation licence, to carry out improvements or Section 482
development work on the licence only with the Minister’s written approval.
25
Page 8 of 9
Section 26
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-23
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a local government, to apply to exchange the conditional deed for a Section 492(1)
reserve or deed of grant in trust with the local government as trustee or a lease
granted under the Land Act 1994.
Power to agree to an allocation or dedication of land from the State, where the Section 505(2)
land has become an asset of the State by virtue of section 231 (repealed) of
the Transport Infrastructure Act 1994.
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council;
resolutions, policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated
officer must exercise any delegated power in accordance with the scope and
limitations of the subject officer’s letter of appointment and/or, position description,
qualifications, technical knowledge and legislative requirements.
26
Page 9 of 9
Section 27
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-27
DELEGATION OF AUTHORITY
TITLE: PLUMBING AND DRAINAGE
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Plumbing and Drainage Act 2002
Standard Plumbing and Drainage Regulation 2003
Delegated Power:
1. To exercise the powers of the council pursuant to the Plumbing and Drainage Act 2002.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give a copy of a resolution which decides work for which a compliance Section 83
permit is not required to the chief executive and a distributor-retailer (if
applicable) and to make it available for inspection at Council’s public office.
Power to carry out a compliance assessment of plans or work in relation to Section 84
compliance assessable work by or for a public sector entity and, if satisfied,
issue a compliance permit if it is a plan and a compliance certificate if it is for a
work.
Power, as a relevant service provider, to give written consent before a Section 84(5)
compliance permit or certificate is issued.
Power to respond to a compliance request for compliance assessment of a plan Section 85
for compliance assessable work, including requesting further information,
deciding the request and imposing reasonable and relevant conditions.
Power to give a copy of a compliance permit to: Section 85(8)
a) The owner of premises to which a permit relates; and
b) The water services provider, where Council is not the provider and the work
involves the installation of water meters.
Power, upon refusal to give a compliance permit or the grant of a compliance Section 85(10)
permit on conditions, to give the person who made the request an information
notice about the decision.
Power to assess and decide all requests for compliance assessment for Section 86
compliance assessable work according to the provisions of the Plumbing and
Drainage Act 2002 and Standard Plumbing and Drainage Regulation 2003.
Page 1 of 5
LGAQ updated 31/01/2015 27
Section 28
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-27
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to decide not to assess on-site sewerage work if an approved person for Section 86(6)
the assessment gives Council a notice in the approved form verifying that the
work complies with the relevant compliance permit and the Standard Plumbing
and Drainage Regulation 2003.
Power to ask, after assessing compliance assessable work or after a Section 86(7)
compliance notice is given for on-site sewerage work, for a plan of the assessed
work.
Power to give a copy of a compliance certificate to: Section 86(10)
a) The owner of premises to which a permit relates; and
b) The water services provider, where Council is not the provider,
and the work involves the installation of water meters.
Power upon refusal to give a compliance certificate to give the person who Section 86(12)
made the request an information notice about the decision.
Power to ask a person who has completed compliance assessable work in a Section 86A(3)(
remote area to supply a plan of the completed work. b)
Power to decide a request for compliance assessment of compliance Section 86A(4),
assessable work in a remote area to which a resolution under section 86A(1)(b) (5) and (8)
applies and to give the compliance certificate or issue an information notice.
Power to give a copy of a compliance certificate for compliance assessable work Section 86A(6)
in a remote area to which a resolution under section 86A(1)(b) to the owner of
the premises.
Power to give a copy of a resolution pursuant to section 86A(1)(b) to the chief Section 86A(9)
executive and to make it available for inspection at Council’s public office.
Power to replace a compliance certificate with a certificate that has different Section 86D
conditions for the ongoing operation, maintenance or testing of a relevant grey
water use facility or on-site sewerage facility.
Power to issue a written notice requiring a former holder of a compliance Section 86E
certificate for testing purposes to remove all or a stated part of a grey water use
facility or on-site sewerage facility.
Power to amend any compliance certificate for work for testing purposes if it is Section 86G
necessary or desirable due to changes in a relevant chief executive’s approval.
Power, as a relevant entity, to give the Plumbing Industry Council notice of the Section 87(3)(a)
completion of notifiable work.
Power to assess notifiable work that has been completed following the giving of Section 87(8)
a notice pursuant to section 87(3)(a).
Power, as a relevant entity, to give a copy of the notice of completion of Section 87(9)
notifiable work to the owner of the premises where the work was carried out or,
if another person asked the relevant entity to carry out the work, the other
person.
Power to administer the Standard Plumbing and Drainage Regulation for Section 89
Council’s area, or those areas not under Council’s control that it has been
requested to administer by the entity that has control of the area.
Page 2 of 5
LGAQ updated 31/01/2015 28
Section 29
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-27
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to appoint those individuals that have the qualifications and experience Section 107(1)
prescribed under the Standard Plumbing and Drainage Regulation 2003 as an
inspector for the purposes of the Plumbing and Drainage Act 2002. .
Power to notify the QBCC commissioner of the appointment of an inspector and Section 107(2)
to give the commissioner a list of Council’s inspectors.
Power to issue an inspector’s instrument of appointment with or without Section 108
conditions limiting the inspector’s powers under the Plumbing and Drainage Act
2002.
Power to issue an identity card to each inspector appointed under section 107 of Section 109
the Plumbing and Drainage Act 2002.
Power to issue show causes notices before a local government gives a person Sections 115
an enforcement notice under section 116(1)(a)(ii) to (iv) or (2) of the Plumbing
and Drainage Act 2002.
Power to issue an enforcement notice to the owner of premises requiring the Section 116(1)
owner to do a stated thing.
Power to issue an enforcement notice to a person who has performed plumbing Section 116(2)
or drainage work requiring the person to do a stated thing.
Power to give an enforcement notice to the owner or occupier of the premises to Section
install a backflow prevention device. 117(2)(a)
Power to give an enforcement notice to the owner or occupier of the premises to Section
register a backflow prevention device that is required to be registered under the 117(2)(b)
Standard Plumbing and Drainage Regulation 2003.
Power to give an enforcement notice to the owner or occupier of the premises to Section
have a backflow prevention device inspected, tested and if necessary repaired 117(2)(c)
or replaced by a licensee licenced to do the work.
Power to authorise a person to dismantle or take away all or part of a grey-water Section 127A
treatment plant.
Power to authorise a person to dismantle or take away all or part of an on-site Section 128
sewerage facility.
Power to approve the disposal of the contents of a grey water treatment plant Section 128OA
into the infrastructure of the sewerage service provider for the area in which the
plant is located.
Power to approve the disposal of the contents (other than effluent) of an on-site Section 128P(2)
sewerage facility that has not been installed only for testing purposes.
Power to approve the disposal of effluent from an on-site sewerage facility that Section 128P(4)
has not been installed only for testing purposes.
Power to keep a copy of each compliance document and make compliance Section 143
documents available for inspection and purchase.
Power to keep a register of details of on site Section 143A
sewerage and greywater use facilities installed in the local government area for
which Council has given a compliance certificate.
Power to monitor greywater use facilities in Council’s local government area. Section 143B
Power to monitor an on-site sewerage facility installed for testing purposes in Section 143C
sewered areas in Council’s local government area.
Page 3 of 5
LGAQ updated 31/01/2015 29
Section 30
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-27
2. To exercise the powers of the council pursuant to the Standard Plumbing and Drainage
Regulation 2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to request a reasonable number of copies of a plan the subject of a Section 14(6)
compliance request.
Power to request other information that the local government requires in relation Section
to the testing of a proposed grey water use facility. 14B(c)(ii)
Power to request other information that the local government requires in relation Section
to work for testing purposes on an on-site sewerage facility. 14D(3)(c)(ii)
Power to accept a certification of a plan for compliance assessable work or on- Section 15
site sewerage work from a competent person where the Chief Executive Officer
has decided that part of the work is outside Council’s expertise.
Power to request information or documents to assess compliance assessable Section 18
work from a person who, because of section 83(2) of the Plumbing and
Drainage Act 2002, does not require compliance permit to perform regulated
work.
Power to test or commission plumbing or drainage the subject of compliance Section 27
assessable work carried out in a remote area.
Power to accept a notice of compliance under section 86A(3)(a) of the Act from Section 29
a person other than the person who performed the work.
Power to agree to assess, and assess, notifiable work for compliance with the Section 29A
regulation.
Power to give a rectification notice and an information notice Section 29B(2)
and 29B(6)
Power to give an information notice about a decision to give a rectification notice Section 29B(6)
Power to approve the continued use of a plumbing or drainage item that is not Section 30
certified and to require a person to have the item tested at the person’s cost.
Power to determine whether an item (that an inspector is satisfied is unsuitable Section 32
for a particular use) may:
(a) not be installed or used; or
(b) be approved for installation or use with either a protective coating, lining or
wrapping or another plumbing or drainage item.
Power to decide that a supply pipe for premises or a premises group cannot Section 34(1)
give an efficient water supply for the premises or premises group.
Power to require for a supply pipe for a premises: Section 34(2)
(a) part or all of the supply pipe (premises main) to be built to the standard of a
water main;
(b) the premises main to supply directly each separately occupied part of the
premises;
(c) the premises main to supply directly each fire service within the premises.
Page 4 of 5
LGAQ updated 31/01/2015 30
Section 31
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-27
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to require for a supply pipe for a premises group: Section 34(3)
(a) part of the supply pipe (premises group main) to be built to the
standard of a water main;
(b) each separately occupied part of the premises group to be served
directly by a supply pipe connected to the premises group main; and
(c) each separately occupied part of the premises group that is to have a
fire service to be served directly by a fire service connected to the
premises group main.
Power to require the sanitary drainage for premises or a group of premises to be Section 35
of a standard of a sewer forming part of Council’s or another service provider’s
sewerage system.
Power to implement and maintain a program for the registration, maintenance Section 38
and testing of testable backflow prevention devices.
Power to approve the design and location of a grease arrestor. Section 39
Power to approve air-cooling equipment’s connection to a supply pipe. Section 41
Power to approve hydraulic powered equipment’s connection to a supply pipe. Section 44
Power to approve a pipe carrying water supplied by the local government or Section 45
other service provider to be:-
(a) connected to a water storage tank used to store water obtained from
another source or;
(b) discharged into a water storage tank used to store water obtained from
another source.
Power to approve a water closet pan, urinal or another fixture below the level of Section 47
the sewer or on-site sewerage facility.
Power to issue a notice to the owner of a new building and an old building, Section 52
requiring:-
(a) the owner of the new building to pay the reasonable costs of changing the
vents of the old building; and
(b) the owner of the old building to change the vents.
Power to determine the qualifications, skills and experience that an individual Section 53
should have to be competent to assess plumbing and drainage work.
Power to perform maintenance work on existing combined sanitary drains, Section 54
apportion the reasonable costs between or among the owners and recover from
each owner, the owner’s share of Council’s costs.
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter of
appointment and/or, position description, qualifications, technical knowledge and legislative
requirements.
Page 5 of 5
LGAQ updated 31/01/2015 31
Section 32
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-33
DELEGATION OF AUTHORITY
TITLE: TORUMS - TRANSPORT OPERATIONS (ROAD USE
MANAGEMENT)
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Transport Operations (Road Use Management) Act 1995
Delegated Power:
1. To exercise powers of the council pursuant to the Transport Operations (Road Use
Management) Act 1995.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to install and remove official traffic signs on Council’s roads, off-street Section 69
regulated parking areas and, with the chief executive’s written consent, on
declared roads.
Power to install official traffic signs where reasonably satisfied that there is a Section 71
danger, hindrance, and obstruction to traffic or other emergency.
Power to take proceedings against a person who has committed an offence Section 74(2)
under section 74(1) of Transport Operations (Road Use Management) Act.
Power to remove unauthorised traffic signs. Section 75(1)
Power to commence proceedings against a person who has injured one of Section 76(1)
Council’s official traffic signs.
Power to remove and detain at a place for safe keeping any vehicles, trams and Section 100
animals and any goods, equipment or thing contained in, on or about the vehicle,
tram or animal, where the requirements of section 100(1) are satisfied.
Power to regulate parking in its area on a road (other than a declared road), on a Section 101(1)
declared road (with the chief executive’s written permission) or on an off-street
regulated parking area.
Power to regulate parking by installing official traffic signs indicating how parking Section 102(1)
is regulated.
Power to exercise control over land for use as an off-street parking area under an Section 104
arrangement with a person who owns or has an interest in the land.
Power to install a parking meter or park at area for a designated parking space if Section 105(5)
it is installed in a way specified by the MUTCD or approved by the chief
executive.
32
Page 1 of 2
Section 33
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-33
Power to enter into an agreement with the commissioner of police in respect of Section 109(1)
annual or periodical payments to the commissioner of police for costs incurred in
the carrying out of duties by police officers enforcing parking regulations.
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter
of appointment and/or, position description, qualifications, technical knowledge and
legislative requirements.
33
Page 2 of 2
Section 34
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-35
DELEGATION OF AUTHORITY
TITLE: SUSTAINABLE PLANNING
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 - Section 257
Sustainable Planning Act 2009
Delegated Power:
1. To exercise the Council’s powers pursuant to the Sustainable Planning Act 2009 (Act).
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a local government, to amend a planning scheme to reflect a Section 39
designated region’s regional plan.
Power, as a local government, to consult with the Minister about the Section 41(5)(c)
establishment of a regional planning committee.
Power, as a local government, to accept or refuse a request made under Section 96
section 95, including extending the request period by 10 days.
Power, as a local government, to issue a written notice of Council’s Section 97
decision under section 96.
Power, as a local government, to decide an application for extension of Section 98(2) and (4)
time made under section 98(2), and give written notice of that decision.
Power, as a local government, to publish in a local newspaper and Section 123(3)
government gazette notice of a repealed temporary planning scheme.
Power, as a local government, to publish in a local newspaper and Section 124(3)
government gazette notice of a repealed planning scheme policy.
Power, as a local government, to make submissions to the Minister about Section 125(3)(b)
the proposed exercise of the State’s power, after being given written
notice under section 125.
Power, as a local government, to facilitate the designation of land for Sections 206, 212,
community infrastructure under Chapter 5 of the Act. For avoidance of 213, 216, 223, 224,
doubt, the power delegated includes (without limitation) the power to take 225, 226 and 227
all actions.
Power, as a local government or owner of any land to which the proposed Section 207
designation applies, to make a submission to the Minister in relation to a
Ministerial designation of land.
34 Page 1 of 8
LGAQ updated 18/02/2014
Section 35
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-35
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a local government, to enter a Ministerial designation of land in Section 211
its planning scheme.
Power, as a local government, to facilitate the repeal of a designation Sections 218, 219
made by Council. For the avoidance of doubt, the power delegated and 221
includes (without limitation) the power to take all actions.
Power to act as the “assessment manager” for all applications received by Sections 256, 259, 260,
Council under Chapter 6 of the Sustainable Planning Act 2009. For 261, 262, 266, 267, 268,
272, 274, 276, 277, 279,
avoidance of doubt, the power delegated includes (without limitation) the 280, 286, 297, 303, 304,
power to take all actions of an assessment manager. 305, 309, 310, 313, 314,
315, 316, 317, 318, 324,
325, 327, 328, 331, 334,
337, 339, 348, 350, 352,
354, 355, 357, 362, 363,
368, 371, 373, 374, 375,
376, 378, 381, 383, 386,
387, 389, 417, 418, 419,
428, 433 and 434
Power to act as a “referral agency”, “concurrence agency” or “advice Sections 256, 271, 276,
agency” for all applications referred to Council under Chapter 6, Part 3 of 277, 279, 281, 282, 284,
285, 287, 288, 290, 291,
the Sustainable Planning Act 2009. For avoidance of doubt, the power 292, 348, 368, 371, 373,
delegated includes (without limitation) the power to take all actions of a 374, 375, 376, 378, 385,
“referral agency” or a “concurrence agency” or an “advice agency”. 420 and 434
Power, as an entity the Minister considers appropriate, to consult with the Section 332
Minister in relation to a making or amending the standard conditions.
Power, as a local government, to give an applicant an new infrastructure Section 364
charges notice under section 633, regulated infrastructure charges notice
under section 643 or adopted infrastructure charges notice under section
648F to replace the original notice.
Power, as a local government, to note an approval on its planning scheme Section 391
and give notice of that approval to the chief executive of the department.
Power, as a local government, to carry out compliance assessment. Section 399
Power, as a local government, to assess and give the compliance Section 402
assessor written notice of Council’s response regarding the aspects of a
development requiring compliance assessment that must be referred to
the local government.
Power, as a compliance assessor, to decide a request, give an action Sections 405, 407
notice, give a compliance permit with conditions (if any) and give a and 408
compliance certificate with conditions (if any).
Power, as a compliance assessor, to respond to a request to withdraw or Section 412
change an action notice.
Power, as a compliance assessor, to decide a request to change a Section 413
compliance permit or compliance certificate.
Power to commence proceedings in the Planning and Environment Court Section 456
for declarations and orders.
Power as an advice agency, where Council, in its advice agency Section 464
response, told the assessment manager to treat the response as a
properly made submission, to appeal to the Planning and Environment
Court.
35 Page 2 of 8
LGAQ updated 18/02/2014
Section 36
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-35
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a party to a proceeding decided by a building an development Section 479
committee, to appeal to the Planning and Environment Court against the
decision.
Power, as assessment manager, to apply to the court to withdraw from an Section 485(6)
appeal, if the appeal is only about a concurrence agency’s response.
Power, as an assessment manager, concurrence agency or referral Section 485(8)
agency for the development application, to elect to become a co-
respondent in an appeal.
Power, as a second entity required to be given notice of an appeal under Section 487
section 484, to elect to be a co-respondent.
Power, as a party to a proceeding, to appeal a decision to the Court of Section 498
Appeal.
Power, as an assessment manager, to bring a proceeding before a Section 510
building and development committee for a declaration about whether the
application is a properly made application.
Power, as a compliance assessor, to bring a proceeding before a building Section 512
and development committee about whether the request for compliance
assessment has lapsed under this Act.
Power, as a responsible entity, to bring a proceeding before a building Section 513
and development committee about whether a proposed change to the
approval is a permissible change.
Power, as a person entitled to bring a proceeding for declarations or as a Sections 515 and 537
person entitled to start an appeal before a building and development
committee, to request the proceeding be fast-tracked.
Power, as an entity that gave a notice under section 373, to appeal to a Sections 521 and 530
building and development committee against a decision on a request to .
make a permissible change to the development approval.
Power, as an advice agency, to appeal to a building and development Section 528
committee about the giving of a development approval.
Power, as an assessment manager, to apply to withdraw from the appeal Section 543
if the appeal is only about a concurrence agency response.
Power, as an entity required under section 541 or 542 to be given notice Section 547(3) (b) .
of the appeal, to elect to be a co-respondent.
Power, as an assessment manager, to provide all material requested by Section 551
the registrar.
Power, as a party to an appeal or proceedings, to agree to have the Section 558(b)
matter decided on the basis of written submissions.
Power, as an assessing authority, to give a show cause notice. Section 588
Power, as an assessing authority, to give an enforcement notice. Section 590
Power to bring proceedings in the Magistrates Court on a complaint to Section 597
prosecute a person for an offence against Chapter 7, Part 3 of the Act.
36 Page 3 of 8
LGAQ updated 18/02/2014
Section 37
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-35
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to bring proceedings in the Planning and Environment Court for an Section 601
enforcement order, an interim enforcement order, or to cancel or change
an enforcement order or interim enforcement order.
Power, as assessing authority, where the Planning and Environment Section 614
Court has convicted a person of an offence against this Act, to apply to
the court for an order against the person for the payment of the costs and
expenses incurred in taking a sample or conducting an inspection, test
measurement or analysis during the investigation of the offence.
Power, as a local government giving a development approval where there Section 635
is an adopted charge that applies for providing trunk infrastructure for the
development, to give an infrastructure charges notice.
Power, as a local government giving a change approval or an extension Section 626(1)(d) and
approval where there is an adopted charge that applies for providing trunk 635
infrastructure for the development, to give a new infrastructure charges
notice
Power, as a local government, to state, in an infrastructure charges notice Section 638(1)(d)
for development other than reconfiguring a lot, building work or making a
material change of use, the day the adopted charge is payable.
Power, as a local government that gave an infrastructure charges notice, Section 639
to agree with a person to whom an infrastructure charges notice has been
given, about:-
a) whether the charge may be paid other than as required under
section 638, including whether it may be paid by instalments;
and/or whether infrastructure may be provided instead of paying all
or part of the charge
Power, as a local government, to consider submissions made on an Section 643(1)
infrastructure charges notice and, if the submissions are agreed, issue a
new infrastructure charges notice.
Power, as a local government with a LGIP that identifies adequate trunk Section 646
infrastructure to service the subject premises, to impose a condition on a
development approval requiring either or both of the following to be
provided at a stated time:
a) the identified infrastructure; and/or
b) different trunk infrastructure delivering the same desired
standard of service.
Power, as a local government with a LGIP that does not identify adequate Section 647
trunk infrastructure to service the subject premises, to impose a condition
on a development approval requiring development infrastructure
necessary to service the premises to be provided at a stated time.
Power, as a local government, to impose a conditions requiring payment Section 650
of additional trunk infrastructure costs..
Power, as a local government, to agree with an applicant about the Section 651(2)
payment time for an additional payment condition imposed under section
650(1).
Power, as a local government that has received a conversion application, Section 660(3)
to give a notice to the applicant requiring the applicant to give information
reasonably needed to decide the conversion application.
37 Page 4 of 8
LGAQ updated 18/02/2014
Section 38
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-35
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a local government within 20 business days of deciding, on a Section 662(3)
conversion application, to convert non-trunk infrastructure to trunk
infrastructure, to amend the development approval by imposing a
necessary infrastructure condition for the trunk infrastructure
Power, as a local government, to agree with an applicant that a levied Section 664(2)
charge, for the purpose of its recovery, is not taken to be rates.
Power, as a local government, to impose a condition on a development Section 665
approval about non-trunk infrastructure.
Power, as a local government, to enter an infrastructure agreement. Chapter 8 Part 4
Power, as a public sector entity, to enter an agreement about: Section 677
a) providing or funding infrastructure; or
refunding payments made towards the cost of providing or funding
infrastructure.
Power, as a local government where trunk infrastructure is not identified Section 679
because paragraphs (a), (b) and (c) of the definition of trunk infrastructure
in section 627 do not apply, to impose a condition on a development
approval for the supply of development infrastructure for a purpose
mentioned in section 665(2).
Power, upon receipt of a notice under section 680ZD, to note the Section 680ZE
registration on Council’s planning scheme, and any new planning scheme
Council makes before the registration ends.
Power to make comments in relation to draft terms of reference for an Section 691(8)
environmental impact statement.
Power, as a local government, upon receiving a copy of the draft terms of Section 691(10)
reference for an environmental impact statement, to make the copy
available for inspection and purchase until the last day for making
comments.
Power to make comments in relation to draft environmental impact Section 694 and 695
statement.
Power, as a local government, upon receiving a copy of the draft Section 694(7)
environmental impact statement, to make the copy available for inspection
and purchase until the last day for making comments.
Power, as a local government, to decide claims for compensation. Sections 709 and 710
Power, as local government, to seek approval of the Governor in Council Section 714
to take land, under the Acquisition Act.
Power, as an assessment manager or relevant entity for a request for Section 715
compliance assessment, to enter land to undertake works.
Power, as an assessment manager or other entity, where a person has Section 716
incurred loss or damage because of the exercise of powers under section
715, to decide a claim for compensation and recover, from the applicant
or person who requested compliance assessment, the amount of
compensation paid that is not attributable to Council’s negligence.
Power to make submissions in response to public notification of a Section 721
development for public housing.
38 Page 5 of 8
LGAQ updated 18/02/2014
Section 39
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-35
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an entity required to keep a document available for inspection Section 723(3)
and purchase, to charge a person for supplying copy of the document or
part of the document.
Power, as a local government, to decide that section 724(1)does not apply Section 724(5)
where reasonably satisfied that the documents mentioned in section
724(1)(y) to (zd) contain—
(a) sensitive security information; or
(b) information of a purely private nature about an individual, including, for
example, someone’s residential address.
Power, as a local government, to decide that section 726(1) does not Sections 726(3)
apply where reasonably satisfied that the documents mentioned in section
726(1) contain sensitive security information.
Power, as an assessment manager, to decide that section 728(1) does Section 728(3)
not apply where reasonably satisfied that the documents mentioned in
section 728(1) contain sensitive security information.
Power, as a compliance assessor, to decide that section 734(1)does not Section 734(3)
apply where reasonably satisfied that the documents mentioned in section
734(1) contain—
(a) sensitive security information; or
(b) information of a purely private nature about an individual, including, for
example, someone’s residential address.
Power, as a local government, to publish information and documents on Section 736
Council’s website.
Power, as a local government, to decide that section 736(1) and (2) do not Section 736(5)
apply where reasonably the information contains sensitive security
information.
Power, as a local government, to issue a planning and development Section 741
certificate.
Power to make submissions in response to public notification of a Section 751
development application under Chapter 9 Part 7.
Power, as an entity considered appropriate by the Minister, to consult with Section 759
the Minister in relation to the guidelines the Minister may make under
section 759.
Power, as an entity considered appropriate by the chief executive, to Section 760
consult with the chief executive in relation to guidelines the chief executive
may make under section 760.
Power, as a local government or an assessment manager, to continue to Section 842
decide a claim made under sections 5.4.2, 5.4.3, 5.4.5 or 5.5.3 of the
repealed Integrated Planning Act 1997.
Power, as a local government, to impose conditions on a development Section 848
approval about infrastructure.
Power, as a local government, to continue to decide an iconic places Section 873(4)(b)
development application to which section 873(3) applies and give a
decision notice for the application.
39 Page 6 of 8
LGAQ updated 18/02/2014
Section 40
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-35
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a local government for the application, to appeal to the Section 875(3)
Planning and Environment Court, as if Council had been a submitter for
an iconic places development application to which sections 461 to 464
apply.
Power as a continuing local government to ask the Minister to make a Section 957(3)
decision under section 957(4).
Power, as a local government that has started the process for preparing a Section 976A
PIP under section 627 as it was before the SPICOLAA came into effect, to
continue to prepare and make the PIP as if the SPICOLAA had not
commenced.
Power, as a local government that has given a notice mentioned in Section 977(3)
section 977(1) in relation to a development approval (e.g. an adopted
infrastructure charges notice), to, where a request to change the
development approval under section 369 is made, amend the notice.
Power, as a local government, to give written notice to a school that Schedule 4, table 5,
Council does not agree to the exemption. item 11(3)(b)
Power, as a local government, to give written notice to a school that – Schedule 4, table 5,
(a) A matter mentioned in schedule 4, table 5, item 12A(3)(a) applies item 12A(3)(b)
to the development; and
(b) Council is satisfied that the development may –
• affect the local heritage place, place of cultural heritage
significance or protected vegetation; or be affected by subsidence.
Any Conditions of Delegation:
1. The Delegated Officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter of
appointment and/or, position description, qualifications, technical knowledge and legislative
requirements.
3. The Delegated Officer may exercise the powers of the Council under the Sustainable
Planning Act 2009 for an application other than the following:
a) an application for a preliminary approval mentioned in section 242 of the
Sustainable Planning Act 2009 to vary the effect of the planning scheme;
b) the approval of an application where there is substantial non-compliance with a
stated policy of the Council or a high order provision of the Planning Scheme being
a desired environmental outcome, or an overall outcome of a code;
c) the refusal of any application where Council is the assessment manager;
d) requests including Negotiated Decision requests, to change or cancel conditions
e) that were imposed by Council at an Ordinary Meeting or a Special Meeting; and an
application for a proposed development of significant community interest.
40 Page 7 of 8
LGAQ updated 18/02/2014
Section 41
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-35
However, the delegated officer may exercise the powers of the local government under the
Sustainable Planning Act 2009 for an application where:-
i. the application has the potential for 'deemed approval' in accordance with sections
330-331 of the Act; and
ii. the application is for Operational Works for clearing vegetation.
A councillor may request an application to be determined at a Council meeting. The
request shall be made to Chief Executive Officer, with the request to be made before the
decision stage commences.
41 Page 8 of 8
LGAQ updated 18/02/2014
Section 42
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-50
DELEGATION OF AUTHORITY
TITLE: WASTE REDUCTION & RECYCLING
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Waste Reduction and Recycling Act 2011
Waste Reduction and Recycling Regulation 2011
Delegated Power:
1. To exercise powers of the council pursuant to the Waste Reduction and Recycling Act 2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
NOTE: The State (via DERM as it was previously known) has delegated certain
powers of the chief executive to local governments under section 263(1)(b) of the
Waste Reduction and Recycling Act 2011 This has been done via:
*the Waste Reduction and Recycling (Local Government) Delegation (No. 1)
2015.
The delegations specifically include the power to sub-delegate to an
“appropriately qualified entity”
Power, as the operator of a waste disposal site required to hold an environmental Section 43
authority for the disposal of more than 10000t of waste in a year at the site to
install prescribed under a regulation, to install and keep in proper working order,
a weighbridge (Nb. this obligation does not come into operation until the day
provided in section 8(2) of the Regulation).
Power, as the operator of a waste disposal site at which a weighbridge is Section 44
installed, to measure and record waste.
Power, as the operator of a waste disposal site, to prepare a waste data return Section 52
for each reporting period.
Power to apply to the chief executive for accreditation as scheme manager for a Section 89
voluntary product stewardship scheme.
Power, as a participant in an accredited stewardship scheme, to amend the Section 95
scheme by agreement with all other participants in the scheme.
Power, as scheme manager of an accredited stewardship scheme that the Section 97
minister is proposing to revoke, to make written submissions to show why the
proposed action to revoke the accreditation should not be taken.
Power, as delegate of the chief executive administering the Act, to give a notice Section 110
to an adult person. As this power relates to Chapter 5, Part 2 of the Act.
42
Page 1 of 4
Section 43
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-50
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as delegate of the chief executive administering the Act, to give a notice Section 111
to an adult person. As this power relates to Chapter 5, Part 2 of the Act.
Power, as delegate of the chief executive administering the Act, to direct a Section 112
responsible entity to collect material from premises. As this power relates to
Chapter 5, Part 2 of the Act.
Power, as a local government, to prepare and implement a waste reduction and Section 123
recycling plan (Nb. this obligation does not commence until 30 June 2015).
Power to make written submissions where the chief executive intends to prepare Section 128
a waste reduction and recycling plan for the local government to address an
aspect that is relevant to the local government.
Power, as a local government, to give the chief executive a report about the Section 147
operation, in the financial year, of all the local government’s waste reduction and
recycling plans in force in its local government area (Nb. this obligation does not
commence until 2 months after 30 June 2015).
Power, as a reporting entity, to give the chief executive a report about the entity’s Section 152
receiving, sorting, recycling, treatment or disposal of waste in the financial year.
Power to apply to the chief executive for a specific approval of a resource. Section 157
Power to agree with the chief executive to extend the time for providing additional Section 158
material requested by the chief executive on an application for a specific approval
of a resource.
Power, as holder of a specific approval of a resource, to apply to the chief Section 168
executive to transfer the benefit of the approval or amend the approval.
Power to agree with the chief executive to extend the time for providing additional Section 169
material requested by the chief executive on an application to transfer or amend
a specific approval of a resource.
Power, in relation to an approval which the minister intends to amend, cancel or Section 172
suspend, to make written submissions to show why the proposed actions should
not be taken.
Power, where given, or entitled to be given, an information notice for a decision, Section 175
to apply to the chief executive for an internal review of the decision.
Power to, as delegate of the chief executive administering the Act, apply for an Section 175
internal review of the decision. As this power relates to sections 248(2) and
253(3) of the Act.
Power to, as delegate of the chief executive administering the Act, extend the Section 176(2)
time for making an internal review application. As this power relates to sections
248(2) and 253(3) of the Act.
Power, where an internal review application has been made, to apply for a stay of Section 177
the original decision.
Power to, as delegate of the chief executive administering the Act, conduct an Section 178
internal review of the original decision and decide the internal review application.
As this power relates to sections 248(2) and 253(3) of the Act.
Power to, as delegate of the chief executive administering the Act, give notice of Section 179
an internal review decision. As this power relates to sections 248(2) and 253(3) of
the Act.
43
Page 2 of 4
Section 44
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-50
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, where given, or entitled to be given, a QCAT information notice under Section 180
section 179 of the Waste Reduction and Recycling Act 2011, to apply to QCAT,
under the QCAT Act, for external review of the decision.
Power, as delegate of the chief executive administering the Act, to appoint a Section 183
person as an authorised person. Any appointment of an authorised person must and
be subject to the limitation that an authorised person can only exercise the
powers in section 117 and Chapter 10 of the Act in relation to the following
offences:
- Chapter 5, Parts 1, 2 and 3, Division 1 and 2 of the Act;
- Section 251(a);
- Section 251(c);
- Section 254; and
- Section 264
Power, as delegate of the chief executive administering the Act, to issue an Section 187
identity card to an authorised person.
Power, as delegate of the chief executive administering the Act, to give a show Section 246
cause notice.As this power relates to sections 103(1), 104(1), 107(1), 108, 109(1)
or (2) and 112(2) of the Act.
Power, as delegate of the chief executive administering the Act, to give a Sections 248
compliance notice. As this power relates to sections 103(1), 104(1), 107(1), 108, and 249
109(1) or (2) and 112(2) of the Act.
Power, as delegate of the chief executive administering the Act, to give a notice Sections 253
requiring the person to commission a waste audit and to provide a waste report
on the audit. As this power relates to section 104 of the Act
Power to bring a proceeding in a Magistrates Court for an order to remedy or Section 261
restrain an offence against the Act. or a threatened or anticipated offence against
the Act.
2. To exercise powers of the council pursuant to the Waste Reduction and Recycling Regulation
2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to decide the frequency of general waste or green waste collection in Section 7(b)
designated areas.
Power to give the information required by sections 41Q(2) and 41Q(3) to the Section 41Q
Chief Executive
Power to give the information required by sections 41ZL(1) and 41ZL(2) to the Section 41ZL
Chief Executive.
Power to prepare an emergency plan and keep it up to date. Section 41ZM
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter
44
Page 3 of 4
Section 45
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-50
of appointment and/or, position description, qualifications, technical knowledge and
legislative requirements.
45
Page 4 of 4
Section 46
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-59
DELEGATION OF AUTHORITY
TITLE: FIRE AND RESCUE SERVICES
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Fire and Emergency Services Act 1990
Delegated Power:
1. To exercise the powers of council pursuant to the Fire and Emergency Services Act 1990.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to comply with a requisition notice. Section 69
Power, as the occupier of a premises in or on which any dangerous goods are Section 96
stored or to be stored, to provide information sought by the commissioner in a
notice.
Power, as the occupier of a premises in or on which any dangerous goods are Sections 97, 99
stored or to be stored, to prepare an off-site emergency plan and to amend the and 100
plan.
Power to pay to the commissioner charges for any advice or other assistance Section 98(2)
provided in preparation of an off-site emergency plan.
Power to implement an off-site emergency plan. Section 101
Power to give written notice to the chief executive of a change of circumstances Section 102(1)
affecting an off-site emergency plan.
Power, as the occupier of a building, to maintain a fire and evacuation plan and Section 104E
to provide instructions to prescribed persons in the building concerning the
action to be taken by them in the event of fire threatening the building.
Power to pay to the commissioner charges for any advice or other assistance Section 104F(2)
provided in preparation of a fire and evacuation plan.
Power to consult with the commissioner about a notice under section 104G(1). Section
104G(2)
Power, as the occupier or owner of a building, to comply with a notice issued by Section
the commissioner under section 104G(1). 104G(3)
Power to consult with an authorised officer about a notice under section 104I(7) Section 104I(9)
or (8).
46
Page 1 of 3
Section 47
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-59
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to nominate a person to be appointed an assessor by the commissioner Section
to help QCAT in section 104SG(1) proceedings. 104SI(2)(b)(ii)
Power to furnish to the chief executive a return disclosing the particulars Section 109(1)
prescribed under a regulation relating to certain properties.
Power to collect annual contributions and other amounts imposed by the local Section 111(2)
government pursuant to Part 10 of the Fire and Emergency Service Act.
Power to, in respect of each financial year: Section 112
(a) determine the prescribed properties within its area; and
(b) determine the annual contributions payable in respect of prescribed
properties by reference to the categories prescribed under a regulation made
under section 108.
Power to give the owner of a prescribed property a levy notice. Section 112(2)
Power to give the chief executive information which is relevant to the Section 113(3)
determination of an appeal against a local government’s determination, if
required by the chief executive.
Power to amend, revoke or revoke and give a new levy notice if the chief Section 113(5)
executive allows an appeal.
Power to refund to the appellant any amount paid in respect of contributions, for Section 113(7)
the financial year to which the notice relates and for any previous financial year,
in excess of the amount calculated in accordance with the chief executive’s
determination.
Power to decide the way in which it keeps an administration fee for performing Section 117(3)
functions under Part 10 of the Fire and Emergency Service Act.
Power to make payments to the department, for the fund, out of its operating Section 118(1)
fund from moneys received or recovered by the local government under Part 10.
Power to prepare and submit a return in the approved form Section 118(4)
Power to refuse or grant, subject to any conditions, an application to pay Section 121(2)
contributions by instalments.
Power to engage a debt collector (authorised to perform a debt collection activity Section 126(1)
under the Debt Collectors (Field Agents and Collection Agents) Act 2014) to
collect any arrears of annual contribution payable by an owner of prescribed
property, and to require by notice in writing the owner to pay an amount by way
of a collection fee
Power to make and levy special rates or charges or separate rates or charges Section 128A
and to contribute amounts raised to rural fire brigades operating in Council’s
local government area.
Power to consult with the commissioner about the establishment of an SES unit Section 133(2)
in Council’s local government area.
Power to nominate a person to be the local controller for an SES unit. Section 134(2)
Power as a local government affected by a disaster to request the commissioner Section 136(3)
to appoint a person as a SES coordinator.
Power to consult with the commissioner about the appointment of a person as a Section 136(4)
SES coordinator.
Power to enter an agreement with the Department which sets out the Section 140
responsibilities of each party in relation to the SES in Council’s local government
area.
Power to consult with the commissioner about the establishment of an ES unit in Section 141(2)
Council’s local government area.
Power to consult with the commissioner about the functions of an ES unit in Section 142(3)
Council’s local government area.
47
Page 2 of 3
Section 48
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-59
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to nominate a person to be a ES unit coordinator. Section 146(2)
Power to produce to an authorised person any document or record mentioned in Section 152C(4)
subsection (2)(b).
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter of
appointment and/or, position description, qualifications, technical knowledge and legislative
requirements.
48
Page 3 of 3
Section 49
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-63
DELEGATION OF AUTHORITY
TITLE: WORKERS COMPENSATION, REHABILITATION AND WORK
HEALTH AND SAFETY
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Workers’ Compensation and Rehabilitation Act 2003
Workers’ Compensation and Rehabilitation Regulation 2014
Work Health and Safety Act 2011
Work Health and Safety Regulation 2011
Delegated Power:
1. To exercise the powers of council pursuant to the Workers’ Compensation and
Rehabilitation Act 2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an employer, to insure and keep insured all Council’s employees and Section 48
Councillors.
Power, as an employer who is not a self-insurer, and who is or is required to be Section 66(2)
insured under a WorkCover policy, to pay the weekly payment of compensation
payable to an injured worker during the excess period.
Power, as an employer who is not a self-insurer, to pay compensation for an Section 109(4)
injury sustained by a worker where the worker has made an application for
compensation under section 132 and Council has complied with section 133A.
Power, as an employer, other than a self-insurer, to give WorkCover written Section 133A
notice in the approved form if:-
(a) a worker asks the employer for compensation for an injury sustained by
the worker; or
(b) the employer pays the worker an amount, either in compensation or
instead of compensation, that is payable by the employer or WorkCover
under the Act for an injury sustained by the worker.
Power, as an employer, to pay compensation to an injured worker for the day the Section 144
worker stops work because of the injury.
Power, as an employer, to pay the amount of the first charge or the whole of the Section 207B(3)
damages to the insurer.
Power, as an employer, to appoint a Rehabilitation and Return to Work Section 226
Coordinator where the employer meets the criteria prescribed under a regulation.
Power, as an employer, to prepare and have in place a workplace rehabilitation Section 227
policy and procedure, and review those policies and procedures every 3 years.
Power, as an employer, to assist or provide an injured worker with rehabilitation. Section 228(1)
49
Page 1 of 5
Section 50
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-63
DESCRIPTION OF POWER DELEGATED LEGISLATION
and 228(2)
Power to comply with the requirement of an authorised person to give information Section 532C
or produce documents required under section 532C.
Power, as an employer or contractor, to keep the documents about workers, and Section 532D
contracts for the performance of work, prescribed under a regulation.
Power to apply for a review of a decision identified in section 540(1) of the Section 541
Workers’ Compensation and Rehabilitation Act 2003 and to take all steps
necessary to conduct the application and to appear at the hearing.
Power to appeal to an appeal body against the following decisions of the Section 549, 550,
Regulator or the insurer: 552A and 554
(a) a review decision, other than a decision to return a matter to a decision-
maker under section 545 of the Workers’ Compensation and Rehabilitation
Act 2003; and
(b) a decision under Chapter 3 or Chapter 4 of the Workers’ Compensation and
Rehabilitation Act 2003 that is not a decision mentioned in section 540(1) (a
non-reviewable decision),and to take all steps necessary to file and serve
the notice of appeal and conduct the appeal, to appear at any conference in
the proceeding and to appear at the hearing.
Power to seek the consent of the other party or the leave of the appeal body for 552B
Council to be represented by a lawyer at a conference under section 552A or at
the hearing of an appeal.
Power to appeal against a decision of the Regulator identified in section 567 of Section 568
the Workers’ Compensation and Rehabilitation Act 2003 and to take all steps
necessary to file and serve the notice of appeal and conduct the appeal, to
appear at any conference in the proceeding and to appear at the hearing.
Power, as a prospective employer, to request in writing that a prospective worker Section 571B
disclose to Council the worker’s pre-existing injury or medical condition, if any.
Power, as a prospective employer, to apply to the Regulator for a prospective Section 571D
worker’s claims history summary.
Power, as a principal contractor for a construction project to, by written notice, to Section 576C
ask the relevant contractor for a copy of a required document.
2. To exercise the powers of council pursuant to the Workers’ Compensation and
Rehabilitation Regulation 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an employer of employees to appoint 1 rehabilitation and return to Section 115(3)
work coordinator for more than one workplace.
50
Page 2 of 5
Section 51
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-63
3. To exercise the powers of council pursuant to the Work Health and Safety Act 2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to notify the regulator after becoming aware a notifiable incident has Section 38
occurred
Power to consult with workers who are, or are likely to be, directly affected by a Section 47
matter relating to work health or safety
Power to facilitate the conduct of an election for 1 or more health and safety Sections 51 to 54
representatives to represent workers
Power to make an application to the commission to disqualify a health and safety Section 65
representative.
Power to refuse on reasonable grounds to grant access to the workplace to a Section 71(5)
person assisting a health and safety representative for a workgroup.
Power to ask the regulator to appoint an inspector to decide the matter. Section 72(5)
Power to establish a health and safety committee. Sections 75 to 78
Power, as a party to an issue, to resolve the issue in accordance with an agreed Section 80 and
procedure or the default procedure. 81
Power to ask the regulator to appoint an inspector to assist in resolving the issue. Section 82(2)
Power to direct the worker to carry out suitable alternative work at the same or Section 87
another workplace.
Power to ask the regulator to appoint an inspector to attend the workplace to Section 89
assist in resolving an issue arising from a cessation of work.
Power to apply to the Commission to revoke a WHS entry permit. Section 138
Power to appeal a decision of the commission. Section 140
Power to ask the regulator to appoint an inspector to attend the workplace to Section 141 and
assist in resolving the dispute 142
Power to apply to the regulator for the return of a seized thing. Section 180
Power to demand that the regulator allow the CEO to inspect a seized thing and if Section 181
the seized thing is a document to make copies of it.
Power to claim compensation from the State. Section 184
Power to make a written undertaking (a WHS undertaking) in connection with a Section 216
matter relating to a contravention or alleged contravention of the Work Health and
Safety Act.
Power, as a person who has made a WHS undertaking, to at any time, with the Section 221
agreement of the regulator, withdraw the undertaking or vary the undertaking.
Power, as an eligible person in relation to a reviewable decision to apply to the Section 224
regulator for an internal review of the decision.
Power, as an eligible person to apply to the external review body for review of a Section 229 to
reviewable decision made by the regulator or a decision made, or taken to have 229E
been made, on an internal review.
Power to appeal a decision of the commission. Section 229F
51
Page 3 of 5
Section 52
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-63
4. To exercise the powers of council pursuant to the Work Health and Safety Regulation 2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a person conducting a business or undertaking at a workplace, to Section 43
prepare, maintain and implement an emergency plan.
Power, as a person conducting a business or undertaking at a workplace, to Section 85 (4)
maintain a written record of the evidence provided under subsections (1), (2) and
(3).
Power to apply to the regulator for a licence to carry out demolition work. Section 144B
Power to make a submission to the regulator in relation to a proposed refusal Section 144I
Power, as a holder of a licence to carry out demolition work, to make a Section 144P
submission to the regulator in relation to a proposed amendment to a licence.
Power, as a holder of a licence to carry out demolition work to apply to the Section 144Q(1)
regulator to amend the licence.
Power after receiving a written notice of intention to refuse an application to Section 144Q(2)
amend the licence from the regulator, to make a submission to the regulator in
relation to the proposed refusal.
Power to apply to the regulator for a replacement document. Section 144U
Power, as a holder of a licence to carry out demolition work to voluntarily Section 144V
surrender the licence document to the regulator.
Power, as a holder of a licence to carry out demolition work to make a Section 144Y
submission to the regulator in relation to the proposed suspension, cancellation
and/or disqualification.
Power, as a person with management or control of an item of plant stated in Section 265
schedule 5, part 2, to apply to the regulator for the registration of that item of
plant.
Power to respond to a notice from the regulator on a proposal to refuse Section 270(1)(b)
registration of an item of plant stated in schedule 5, part 2.
Power to respond to a notice from the regulator on a proposal to cancel the Section 288C
registration of an item of plant stated in schedule 5, part 2.
Power to return the registration document for an item of plant stated in schedule Section 288D
5, part 2 to the regulator.
Power, as a person conducting a business or undertaking, to obtain the current Section 344
safety data sheet for a hazardous chemical used at a workplace
Power, as a person conducting a business or undertaking, to prepare and Section 346
maintain a register of hazardous chemical used at a workplace
Power to apply in writing to the regulator for authorisation to use, handle or store Section 383
a prohibited carcinogen or restricted carcinogen
Power to ensure that all asbestos or asbestos contaminated material at a Section 422(1)
workplace is identified by a competent person.
Power to ensure that the presence and location of all asbestos or asbestos Section 424
contaminated material at a workplace is clearly indicated and if practicable
labelled.
Power to prepare, maintain and review an asbestos register for each workplace. Sections 425(1)
and 426
52
Page 4 of 5
Section 53
Council to CEO Updated Delegations 15/16 Attachment 1
Delegation No: 2015-63
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to prepare, maintain and review an asbestos management plan for each Section 429 and
workplace. 430
Power, as an eligible person in relation to a reviewable decision set out in section Section 678(1)
676 of the Work Health and Safety Regulation, to apply to the regulator for an
internal review of a decision.
Power, as an eligible person in relation to a reviewable decision under section Section 678(2)
89(5), 118(5), 256(5), 269(5) or 497(5) of the Work Health and Safety Regulation
to apply to the regulator for an internal review of the decision.
Power, as an eligible person to apply to QCAT for an external review of Section 683
reviewable decision made by the regulator or of a decision made, or taken to
have been made, on an internal review.
Power to apply for an exemption from compliance with any provision of the Work Section 684
Health and Safety Regulation.
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical
knowledge and legislative requirements.
53
Page 5 of 5