2015-08-18 Planning and Organisation Committee Attachment 1 to Item 13 Updated Delegations of Authority - Council to CEO 2015-16

                                 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.
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LGAQ updated 18/02/2014