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2020-09-08 S&O Agenda - Item 1 - Attachment 2 Delegations of Authority Council to Chief Executive (Updated)
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Services & Organisation Committee Agenda
8 September 2020 Item 1 - Attachment 2
ATTACHMENT 2
Updated - Delegations of Authority: Council to Chief Executive Officer
Table of Contents
BUILDING ...................................................................................................................................................8
ENVIRONMENTAL PROTECTION ..................................................................................................... 15
FIRE AND RESCUE SERVICES .......................................................................................................... 36
HEAVY VEHICLE ................................................................................................................................... 40
LAND ........................................................................................................................................................ 43
LAND TITLE ............................................................................................................................................ 56
LIQUOR .................................................................................................................................................... 61
LOCAL GOVERNMENT ACT FINANCE AND PROCUREMENT ............................................. 63
LOCAL GOVERNMENT ACT GOVERNANCE ................................................................................ 70
LOCAL GOVERNMENT ACT LEGAL, RESPONSIBILITES AND OTHER ................................ 72
LOCAL GOVERMENT ACT PEOPLE AND PAYROLL .................................................................. 76
LOCAL GOVERNMENT ACT RATES ................................................................................................ 79
LOCAL GOVERNMENT ACT ROADS AND STORMWATER DRAINS ....................................... 84
PLANNING............................................................................................................................................... 88
PLUMBING AND DRAINAGE ............................................................................................................ 100
PUBLIC HEALTH ................................................................................................................................. 112
PUBLIC INTEREST DISCLOSURES .............................................................................................. 115
RIGHT TO INFORMATION ................................................................................................................. 117
STATE PENALTIES ENFORCEMENT ............................................................................................. 124
WASTE REDUCTION & RECYCLING .............................................................................................. 127
WORK HEALTH AND SAFETY ......................................................................................................... 137
WORKERS COMPENSATION AND REHABILITATION .............................................................. 142
Page 1 of 147
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Full text of sections 2 to 120 (of 147)
Section 2
DELEGATION OF AUTHORITY
TITLE: BIOSECURITY ACT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Biosecurity Act 2014
Biosecurity Regulation 2016
Delegated Power:
1. To exercise powers of the Council pursuant to the Biosecurity Act 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, in a circumstance listed in subsection (1), to advise an inspector of Section 36(2)
the presence of the biosecurity matter.
Power, in a circumstance listed in subsection (1), to advise an appropriate Section 42(2)
authorised officer of the presence of the biosecurity matter that is a relevant
restricted matter.
Power to carry out the main function of a local government under the Act. Section 48
Power to consult with the Minister. Section 50(3)
Power to comply with a notice issued by the Minister pursuant to subsection Section 50(5)
(4).
Power to agree with the chief executive that Council cannot achieve Section 51(2)
substantial compliance with the notice.
Power to comply with a request from the Minister for a written report made Section 52(2)
pursuant to subsection (1).
Power to prepare and approve a biosecurity plan for invasive biosecurity Section 53
matter for Council’s area.
Power to keep a copy of the biosecurity plan available for inspection. Section 54
Power to consult with the chief executive about the suitability and priority of Section 59
the activities.
Power to pay the amount required by a notice issued by the Minister Section 60(5)
pursuant to this section.
Power, as a building authority for a barrier fence, or as an owner of land Section 91(3)
affected by the amendment, to consult with the chief executive about the
amendment of the barrier fence map.
Page 2 of 147
Section 3
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a building authority for a barrier fence, in the circumstance set out Section 92(2)
in subsection (1), to build and pay for a gate or grid in the fence.
Power, as a building authority for a barrier fence, to undertake the activities Section 93
set out in subsections (a) and (b).
Power, as a building authority for a barrier fence, to enter a place in the Section 94
circumstances set out in subsection (1).
Power, as a building authority for a barrier fence, to enter into an agreement Section 95
with another person about making an opening in the fence for a particular
purpose and period.
Power, as a building authority for a barrier fence, to give a notice to a person Section 96(2)
requiring the person to restore the fence.
Power, as a building authority for a barrier fence, to carry out the restoration Section 96(4)
of the barrier fence and recover the reasonable costs from the person to
whom notice was given pursuant to subsection (2).
Power, as a building authority for a barrier fence part, to appoint a person Section 100
employed or engaged by Council to exercise powers under the Act in relation
to the barrier fence part.
Power, as a building authority for a barrier fence part, to give directions to a Section 101(2)
barrier fence employee.
Power, as a relevant entity, to consult with the chief executive about a Section 105
proposed making of a code of practice.
Power to make written submissions on a proposed guideline. Section 107
Power to apply to an inspector for a biosecurity emergency order permit. Section 121
Power to apply to an inspector for a biosecurity instrument permit. Section 132
Power as a registrable biosecurity entity to apply for registration. Sections 145 and
147
Power as a registrable biosecurity entity to apply for a registration exemption. Section 146
Power to make written submissions in response to a notice from the chief Section 150(3)(b)
executive.
Power, in the circumstances, referred to in subsection (1) to apply for Section 152
deregistration as a biosecurity entity.
Power to comply with a requirement of the chief executive made under Section 156(2)
subsection (2) or (3).
Power as a registered biosecurity entity, owner or occupier to give the chief Section 160(2)
executive a biosecurity risk notice.
Power to apply to the chief executive for the removal of the entry for a Section 164
restricted place from the biosecurity register.
Page 3 of 147
Section 4
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to apply to the chief executive for the end of a declaration of a Section 164A
designated animal as a restricted animal.
Power to apply to the chief executive for the end of a declaration of a Section 164B
designated biosecurity matter as a restricted biosecurity matter.
Power to give the chief executive further information or a document about the Section 165
application.
Power as a registered biosecurity entity to give the chief executive a change Section 170(2)
notice.
Power to apply to the chief executive for a travel approval for the movement Section 181
of a special designated animal.
Power, as a receiver of a special designated animal at a saleyard, to take the Section 187
action referred to in subsections (a) and (b).
Power, as a receiver of a special designated animal at a restricted Section 188
agricultural show, to take the action referred to in subsection (2).
Power, as a receiver of a special designated animal at a place, to take the Section 190
action referred to in subsection (2).
Power, in the circumstances referred to in subsection (1), as a receiver of a Section 193(2)
special designated animal to advise an inspector of the circumstances in
subsection (1).
Power, to comply with all reasonable directions the inspector gives. Section 193(3)
Power, as a relevant person, to create a movement record for a designated Section 194(2)
animal and to give the record to the conveyor or drover of the animal.
Power, as a relevant person, to keep and produce a movement record for a Section 197
designated animal in accordance with the requirements of this section.
Power, as person who receives a copy of a movement record, to keep and Section 198(2)
produce the copy of the movement record for in accordance with the and (7)
requirements of this section.
Power, in the circumstances referred to in subsection (4) and as a person Section 198(5)
who accepts delivery of the animal at the end of the movement, to create, and (7)
keep and produce a record complying with subsection (6).
Power, as a person having responsibility for the organisation and operation Section 199
of an agricultural show, to keep a record in the appropriate form for the
designated animal.
Power to apply for a prohibited matter permit or a restricted matter permit Sections 214 and
and to take all steps required to bring the application to finalisation and 215
obtain a decision on the application.
Page 4 of 147
Section 5
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to apply for the renewal of a prohibited matter permit or a restricted Sections 225 and
matter permit and to take all steps required to bring the application to 226
finalisation and obtain a decision on the application.
Power to comply with a direction of the chief executive issued pursuant to Section 229
subsection (2).
Power to apply for the transfer of a prohibited matter permit or a restricted Section 230
matter permit.
Power to consult with an interested entity about a proposed biosecurity Section 235(3)(d)
program.
Power to consult with the chief executive about a proposed biosecurity Section 239(1)
program.
Power to consult with the chief executive and an invasive animal board Section 239(2)
before authorising a biosecurity program.
Power to give make copies of a biosecurity program authorisation available Section 241
for inspection and purchase at Council’s public office.
Power as an occupier of a place to sign an acknowledgement of consent to Section 268(1)
enter the place.
Power as an occupier of a place to consent to entry by an authorised officer. Section 269(2)
Power to apply to the court for an order against the person convicted of an Section 358
offence against the Act to pay the costs Council has incurred in taking a thing
or doing something else during the investigation of the offence.
Power, as a relevant body, to stay the original decision, fix conditions on the Section 364
stay, fix the period of a stay and revoke a stay.
Power, as the issuing authority, after receiving an internal review application Section 365
to conduct an internal review and make a decision.
Power, as the issuing authority, to give notice of an internal review decision. Section 366
Power, as the issuing authority, to make a new decision following the receipt Section 372(1)
of directions from the court.
Power, as the issuing authority, to give effect to a decision of the court to Section 372(2)
substitute the internal review decision with a new decision.
Power, as the issuing authority for a biosecurity order, to give notice of the Section 380(2)
amount of the debt.
Power to register a charge over the land for an unpaid amount and to release Section 381
the charge once the unpaid amount has been paid.
Power, as a third party, to appear at the hearing of an application for a cost Section 383
recovery order.
Page 5 of 147
Section 6
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to enter into a government and industry agreement with the Minister Section 391
or the chief executive.
Power to enter into a compliance agreement with the chief executive. Section 393
Power to apply to the chief executive to enter into a compliance agreement Section 396
with the State.
Power to give the chief executive further information or a document required Section 399(1)(b)
to decide the application.
Power, as the other party to a compliance agreement, to make written Section 405
representations to the chief executive following receipt of a show cause
notice.
Power, as the holder for a relevant authority, to apply to the chief executive Sections 479 and
to amend the conditions of the authority and to take all steps necessary to 480
obtain a decision on the application.
Power, as the holder for a relevant authority, to make written representations Section 485
about the show cause notice to the chief executive.
Power, as the holder for a relevant authority, to ask the chief executive to Section 490
cancel the authority.
Power, as the holder for a relevant authority, to comply with a notice Section 491(3)
requiring the return of the document evidencing the authority.
2. To exercise powers of the Council pursuant to the Biosecurity Regulation 2016.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a registered biosecurity entity for a designated place, to make a Section 94G(1)
biosecurity management plan.
Power, as an entity mentioned in subsection (1), to:- Section 94G(4)
(a) keep the plan as a separate document at the place; and
(b) make the plan available for inspection at the place, on request, during
ordinary business hours; and
(c) ensure a sign is conspicuously displayed at each management area
for the plan stating that:-
(i) a biosecurity management plan applies to the place; and
it is an offence for a person entering, present at, or leaving the management
area to fail to comply with the measures stated in the plan unless the person
has a reasonable excuse.
Conditions of Delegation:
Page 6 of 147
Section 7
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.
3. In the event that there is a change to any Delegate Position as set out in the schedule of
this instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this
Instrument to the Former Delegated Position will be read as being a reference to the
position that then most closely resembles the Former Delegated Position.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 7 of 147
Section 8
DELEGATION OF AUTHORITY
TITLE: BUILDING ACT & REGULATIONS
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 Section 257
Building Act 1975
Building Regulation 2006
Delegated Power:
1. To exercise powers of the Council as a delegated officer pursuant to the Building Act 1975.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an assessment manager, to determine whether a building Section 34A(2)
development application complies with the building assessment provisions
and if it does, to approve the application.
Power, as an assessment manager, to consult with the chief executive about Section 41(1)
the variation application.
Power, as a referral agency, to appoint or employ a building certifier to carry Section 46(5)
out the assessment against the fire safety standard.
Power, under the Planning Act to receive, assess and decide a building Section
development application. 51(2)(a)
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, Section 53(2)
without 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, Section 54
given 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 Planning Act.
Power, as assessment manager, in relation to undecided building Section 55
development applications and lapsed building development approvals, to
resume or start the development assessment process under the Planning Act
at any stage the assessment manager considers appropriate.
Page 8 of 147
Section 9
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the holder of a registered easement or statutory covenant, to Section 65
consent to building work.
Power to decide an application to extend the period mentioned in subsection Section 71
71(3), to consult with an entity in deciding the application and to give notice
of the decision.
Power, as the assessment manager, to give a reminder notice about the Section 95
lapsing.
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.
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 Section 93(1)
for the carrying out of the building work, at any time, having regard to the
progress of the building work.
Power, as the assessment manager, to give a reminder notice about the Section 95
lapsing.
Power to decide an application to extend the period mentioned in subsection Section 71
71(3), to consult with an entity in deciding the application and to give notice
of the decision.
Power to consult with a private certifier with regard to further extensions of Section 97(2)
the period under the Planning Act, s 341 (When approval lapses if
development not started).
Power, as the assessment manager, to take enforcement action against an Section 117
owner contravening section 114 of the Act.
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 Section 207
and 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 Section 208(1)
conduct 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.
Page 9 of 147
Section 10
DESCRIPTION OF POWER DELEGATED LEGISLATION
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
made by the owner of a budget accommodation building to approve a period 221(2)(b) and
for the building under section 220(a)(ii) or (b)(ii) (longer periods for approval). (3)
Power to decide the application and give the owner an information notice Section 221(4)
about the decision.
Power to, on written application from the owner, decide whether or not a Section 222(2)
building 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 Section 228
years.
Power, as local government, to approve, with or without conditions, a later Section 231AK
day for a residential care building to comply with section 231AK of the (a)(iii) and
Building Act. (b)(iii) and
section 231AL
Power, as local government, on an application by the owner of an RCB for a Section 231AL
later day to obtain a fire safety compliance certificate or certificate of
classification to:
(a) consult on the application;
(b) decide the application;
(c) impose conditions on the grant of an application;
(d) give an information notice about the decision.
Power to require the applicant to give medical evidence to support the Section 236
application.
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 Council’s decision (including an information notice Section 238
about the decision).
Power to give notice of each exemption granted under Chapter 8, Part 2, Section 239
Division 3 to the QBCC commissioner.
Power to give an applicant a show cause notice. Section 242(2)
Power to give to the QBCC commissioner notice of each revocation notice Section 243
given.
Page 10 of 147
Section 11
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to keep a copy of each exemption granted and make the copy available Section 244
for inspection and purchase as if it were a document, that under the Planning
Act, the local government must make available for inspection and purchase.
Power to, on application by a pool owner for exemption from complying with Section 245A
part 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 Section
and give a further notice (a revocation notice) to the owner, revoking the 245E(3)
decision previously given.
Power to give the QBCC commissioner the notices required by sections Section 245F
245F(1) and 245F(2).
Power to keep a copy of each exemption available for inspection and Section
purchase as if it were a document that, under the Planning Act, must be 245FA(2)
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 245XD(2)
used, as a pool barrier along the common boundary.
Power, as owner of adjoining land where a pool barrier is constructed along Section
the 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 (3)
owner; 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 Section
owner of the other land to carry out fencing work. 245XG(1)
Page 11 of 147
Section 12
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as owner of adjoining land, where Council has carried out urgent Section
fencing work under section 245XK of the Building Act and the owner of the 245XN(2)
other land is 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 Section
owner 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 245XS(3)
been located, to give a copy of the order to the owner of the other land and
recover the contribution as stated in the order.
Power, as owner of adjoining land, where the owner of the other land has Section
carried out fencing work for a dividing fence forming part of a pool barrier 245XV(2)
without 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 Section
complaint notice, or section 245I or 245UA notice is received. 246ADA(2)
Power to take necessary enforcement action to ensure the pool complies Section
with the 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 give the owner notice of the decision. Section
246AG(6)
Power to give the owner an information notice about the decision. Section
246AG(7)
Power to appoint or employ a pool safety inspector to conduct an inspection Section 246AH
of a pool in the circumstances referred to in subsection (1).
Power to keep a record of a notice mentioned in section 246ADA(1) and the Section 246AIA
results of the inspection carried out under section 246ADA.
Power to comply with a request for information from the QBCC Section
commissioner. 246AIB(2)
Page 12 of 147
Section 13
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give the QBCC commissioner notice of each existing regulated pool Section 246AQ
in Council’s local government area of which it has a record.
Power to give the swimming pool safety advisory information to the owner of Section
each non-certificate regulated pool in its local government area. 246ATC
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, Section 248(1)
structure 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 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 Section
chapter 8, part 4, division 5, subdivision 2, other than section 246ATH(2) of 256(2)(h)
the Building Act 1975.
Power, as local government, to authorise a person to make a complaint for Section
an offence against chapter 8, part 4, division 5, subdivision 2, other than 256(2)(h)
section 246ATH(2) of the Building Act 1975.
Power, as local government, to make a complaint for an offence against Section
chapter 8, part 5 of the Building Act 1975. 256(2)(i)
Power, as local government, to authorise a person to make a complaint for Section
an offence against chapter 8, part 5 of the Building Act 1975. 256(2)(i)
Power, as local government, to make a complaint for an offence in the Section
Building Act 1975 other than an offence listed in section 256(2)(a)-(j) of the 256(2)(k)
Building Act.
Power, as local government, to authorise a person to make a complaint for Section
an offence in the Building Act 1975 other than an offence listed in section 256(2)(k)
256(2)(a)-(j) of the Building Act.
Power to extend the time for an owner of a swimming pool to comply with Section 262
section 235 (where an extension under section 49H(11)(b) of the Local
Government Act 1936 is still in force.
2. To exercise powers of Council as a delegated officer pursuant to the Building Regulation
2006.
Page 13 of 147
Section 14
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, if it is not practicable to show each of the designated bush fire prone Section 12(4)
area in Council’s planning scheme maps, to:-
(a) prepare maps showing the areas; and
(b) ensure the maps are updated.
Power to keep a register of the flood hazard areas Council designates and Section 13(4)
when each designation was made.
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. In the event that there is a change to any Delegate Position as set out in the schedule of
this instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this
Instrument to the Former Delegated Position will be read as being a reference to the
position that then most closely resembles the Former Delegated Position.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 14 of 147
Section 15
DELEGATION OF AUTHORITY
TITLE: ENVIRONMENTAL PROTECTION
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Environmental Protection (Water & Wetland Biodiversity) Policy 2019
Environmental Protection Act 1994
Environmental Protection Regulation 2008
Delegated Power:
1. To exercise powers of the council pursuant to the Environmental Protection (Water and
Wetland) Policy 2019.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a recognised entity, in cooperation with the chief executive, to Section 16(2)
develop and implement a healthy waters 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 Sections 42 and
executive 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 Section 130
made by joint applicants, to the principal applicant nominated in the
application.
Page 15 of 147
Section 16
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 Section 133
change to an application is a minor change.
Power, as an administering authority, to determine satisfaction that the Section 136(b)(i)
requirements under the application stage have been complied with.
Power, as an administering authority, to make a written information request Section 140
to 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 and
information request response period. 147
Power, as an administering authority, to determine not to make an Section 148(b)(i)
information request.
Power, as an administering authority, to determine the change would not be Section 150(1)(d)
likely to attract a submission objecting to the thing the subject of the
change, if the notification stage were to apply to the change.
Power, as an administering authority, to give the applicant an information Section 152
notice 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 Section 159
notice requirements.
Power, as an administering authority, to by written notice to the applicant Section 168
extend 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 Section 170
subject to the standard conditions for the relevant activity or authority.
Power, as an administering authority, to approve a variation application Section 171
subject 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 issue an environmental authority. Section 172
Power, as an administering authority, to include a copy of the environmental Section 177
authority in the relevant register.
Power, as an administering authority, to issue an environmental authority. Section 195
Page 16 of 147
Section 17
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to include a copy of an environmental Section 197
authority in the relevant register.
Power, as an administering authority, to give an information notice to the Section 198(2)
applicant for an environmental authority.
Power, as an administering authority, to give an information notice about Section 198 (4)
the decision to any submitter for the application.
Power, as an administering authority, to impose a condition on an Section 203
environmental authority or draft environmental authority to which section
115 applies.
Power, as an administering authority, to amend an environmental authority Section 211
to 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 and
environmental authority in accordance with the procedure required by 219
Chapter 5, Part 6, Division 2 or with the written agreement of the authority
holder.
Power, as an administering authority, to refuse an amendment application Section 227A
to 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 Section 228
by the holder of an environmental authority to amend the authority is a minor
or major amendment.
Power, as an administering authority, to set the submission period for the Section 234
application by written notice.
Power, as an administering authority, to give written agreement to the Section 237
continued assessment of a changed application to amend an environmental
authority.
Page 17 of 147
Section 18
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to request further information needed Section 238(3)
to 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
theconditions 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:- Section 250C
(a) de-amalgamate an environmental authority;
(b) issue 2 or more environmental authorities; and
(c) include each environmental authority in the relevant register.
Power, as an administering authority, to approve or refuse an application by Section 254
the 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 Section 265
applicant 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:- Sections 278, 279,
(a) cancel or suspend an environmental authority if an event 280, 281, 282, and
mentioned in section 278(2) has occurred; 283 and 284
(b) follow the procedures in Chapter 5, Part 11, Division 2; and to
(c) give notice of the decision; and
(d) record the action in the relevant register.
Power, as an administering authority, to approve or refuse an application Section 284C
made by the holder of an environmental authority to suspend the
environmental authority.
Page 18 of 147
Section 19
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to impose a condition on an Section 292
environmental 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 Section 295
financial assurance required under a condition of an environmental authority.
Power, as an administering authority, to give notice of the decision under Section 296
section 295(1).
Power, as an administering authority, to decide to make a claim on or realise Section 301
a financial assurance.
Power, as an administering authority, to by written notice require an applicant Section 304
to 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 Section 305
the 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 an administering authority to, in the circumstances referred to in Section 307
subsection (1), give notice stating how much of the financial assurance has
been used and requiring it be replenished.
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):-
(a) 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; and
(b) give written notice of the proposed requirement prior to making it.
Power, as an administering authority, to ask any entity for advice, comment Section 315
or information about an application made under Chapter 5.
Power to make submissions about a proposed ERA standard. Section 318A
Page 19 of 147
Section 20
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 Section 320D
written 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 a person mentioned in section 320A(2)(a), to within 24 hours after Section 320DA(1)
becoming aware of an event or change mentioned in section 320A(2)(b)(i) or
(ii) give the administering authority written notice of the matters stated in
subsection (2).
Power, as a person mentioned in section 320A(2)(a), to within 20 business Section 320DA(3)
days after becoming aware of an event or change mentioned in section
320A(2)(b)(iii) give the administering authority written notice of the activity.
Power, as a local government mentioned in section 320(3)(a), to within 20 Section 320DB(1)
business days after becoming aware that the activity has been, or is being,
carried out on land in its area, give the administering authority written notice.
Power, as a local government mentioned in section 320(3)(b), to within 24 Section 320DB(2)
hours after becoming aware of the event or the change in condition of the
land give the administering authority written notice.
Power, as an administering authority, to require a person to conduct or Sections 322 and
commission an environmental audit and give an environmental report about 323
the audit.
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 accept the report or refuse to accept Section 326G
the report and to give notice of the decision.
Power, as an administering authority which has accepted an environmental Section 326H
report under section 326G, to do 1 or more of the things listed in subsection
(1).
Power, as an administering authority which has refused to accept an Section 326I
environmental report under section 326G(4)(b), to, by written notice, require
the recipient to conduct or commission another environmental investigation
and submit a report on the investigation.
Power, as an administering authority, to require a person or public authority Section 332
to submit a draft transitional environmental program.
Power to submit a draft transitional environmental program to the Section 333
administering authority for approval.
Page 20 of 147
Section 21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to by written notice require the person Section 334A
or public authority that submitted the draft transitional environmental authority
to give further information.
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 Section 336
it 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 Section 337
a 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 cancel the approval for a transition Section 344E
environmental program, give notice of the decision or record details of the
decision in a register.
Power, as an administering authority, to withdraw the notice or remove the Section 344F
record.
Power, as an administering authority, to give the holder of the environmental Section 344G
authority a copy of the authority that does not include the note.
Page 21 of 147
Section 22
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to apply to the Court for an order that Section 355
section 353(1) does not apply.
Power, as an administering authority who has made an application to the Section 357(2)
Court under section 355, to apply to the Court for an order pending decision
on the application.
Power, as administering authority, to – Sections 357C,
grant an application for a temporary emissions licence, with or without 357D and 357E
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 Section 357J
to the amendment of the licence.
Power, as an administering authority, to issue an environment protection Section 358
order.
Power, as an administering authority, to decide a person has a relevant Section 363AB
connection with a company.
Power, as an administering authority, to issue an environmental protection Section 363AC
order to a related person of the company.
Power, as an administering authority, to issue an environmental protection Section 363AD
order to a related person of a high risk company.
Power, as an administering authority, to issue a cost recovery notice to the Section 363AI
recipient.
Power, as an administering authority, to claim the amount from the recipient Section 363AI(7)
as a debt.
Power, as the land’s owner, to make a written submission to the Section 376
administering authority in response to a show cause notice issued pursuant
to section 375.
Power, as owner, to consent to another party entering its land to conduct or Section 390
commission remediation works. Power, to give the administering authority:-
(a) a contaminated land investigation document accompanied by a
declaration and a statement; and
(b) a statement as owner of the land agreeing to the draft plan.
Power, as a prescribed responsible person, to make a written submission in Section 392(1)
response to a show cause notice issued pursuant to section 391.
Power, as a prescribed responsible person, to comply with a notice issued Section 394(5)
by the administering authority pursuant to this section.
Page 22 of 147
Section 23
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a prescribed responsible person, to:- Section 395
(a) obtain the consent of the owner or occupier to enter the land;
(b) give the owner or occupier written notice of the intention to enter
the land;
(c) agree with the owner or occupier about reasonable
compensation because of the loss or damage; and
(d) appear in any proceeding before a court of competent jurisdiction
(including instructing a legal representative to appear) where
agreement about compensation cannot be reached.
Power, as a prescribed responsible person, to comply with a requirement of Section 397
the administering authority given pursuant to this section.
Power to apply to amend a site management plan and to comply with Chapter Section 402
7, Part 8, Division 3, Subdivisions 2 to 4 as they relate to the application.
Power, as owner or occupier of land, to consent to the amendment of a site Section 403
management plan for the land by the administering authority.
Power, as the person who released the contaminant, the relevant local Section 404
government or the owner of the land, to prepare a draft amendment of a site
management plan if requested to do so by the administering authority and to
comply with Chapter 7, Part 8, Division 3, Subdivisions 2 to 5 as they relate
to the draft amendment.
Power, as owner of land, to give a lessee or proposed lessee notice that Section 407
particulars of the land have been recorded in the contaminated land register.
Power, as an owner of land in a circumstance listed in subsection (1), to give Section 408
the notice required by subsection (2).
Power, as an administering authority, to require a person to provide Section 451
information for the enforcement or administration of this Act.
Power, as owner or occupier of land, to consent to an authorised person’s Section 452
entry onto the land.
Power, as owner or occupier of land, to consent to an authorised person’s Section 454
entry onto the land.
Power, as an administering authority, to issue a notice that an authorised Section 454(3)(b)
person will enter land. and (4)
Power, as the occupier of access land, to consent to an authorised person’s Section 455
entry onto the land.
Power as a person to whom an emergency direction is given to comply with Section 478
the direction and to take the steps required by subsection (b).
Power, as an administering authority, to waive payment of costs of Section 489
investigation or remediation work.
Page 23 of 147
Section 24
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to make an application to the court for Section 501 (1)(c)
an order against a defendant for costs.
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, as a person who has made an application pursuant to section 505, to Section 506
seek an order of the Court pending determination of the application.
Power, as the administering authority, to: Section 507
(a) accept or reject an enforceable undertaking;
(b) given written notice of the decision and the reasons for the decision
(c) publish a copy of any undertaking on Council’s website; and take all
reasonable steps to have any proceedings in relation to the
contravention discontinued.
(c)(d) take all reasonable steps to have any proceedings in relation
to the contravention discontinued.
Power, as the administering authority, to agree in writing to the withdrawal or Section 509
variation of an enforceable undertaking and to publish notice of the
withdrawal or variation on Council’s website.
Power, as the administering authority, to amend an enforceable undertaking Section 510
by written agreement.
Power, as the administering authority, to make an amendment to an Section 511
enforceable undertaking to correct a clerical or formal error and give written
notice of the amendment.
Power, as the administering authority, to:- Section 512
(a) amend or suspend an enforceable undertaking where satisfied
one of the circumstances in subsections 512(1)(a) to (d) apply;
and
(b) comply with the requirements of subsection 512(2) to (7).
Power, as the administering authority, to apply to the Magistrates Court for Section 513(2)
an order if a person contravenes an enforceable undertaking.
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 Section
administering authority to Council, to exercise those delegated powers. 518(1)(a)(ii)
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
Page 24 of 147
Section 25
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a dissatisfied person that has applied for a review under section Section 522
521, 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 Section 540, 541
540(1) and keep them available for inspection. and 542
Power, as an administering authority, to prepare and submit a report to the Section 546
chief executive.
Power, as an administering authority, to consider and decide a request for Section 547C(1)
the issue of a temporary authority. and (2)
Power, as an administering authority, to give the person written notice of the Section 547C(3)
decision to refuse the issue of a temporary authority and the reasons for the
decision.
Power, as an administering authority, to issue a temporary authority by giving Section 547D(2)
a written notice.
Power, as an administering authority, to consult with the chief executive Section 548(3)
about guidelines the chief executive proposes for administering authorities.
Power to consult with the chief executive about guidelines the chief executive Section 549(3)
proposes.
Power, in the circumstance referred to in subsection 574BA(1), to recover the Section 547BA
administering authorities reasonable costs and expenses in performing the
function.
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 the owner or occupier of the land, to claim compensation for any Section 579(4)
compensatable effect in a proceeding brought in a court of competent
jurisdiction.
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.
Page 25 of 147
Section 26
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, in relation to an activity being carried Section 621
out 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 Section 623
level 1 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 Section 671(2)
draft 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 Section 697
made 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 Section 699
to 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
2008.2019.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, where Council is a referral agency for a development application for Section 19(4)
a material change of use for a concurrence ERA to assess the development
application against the matters stated in subsection 19(2)(a) to (c).
Power, as an administering authority making an environmental Section 35(1)
management decision relating to an environmentally relevant activity, other
than a prescribed ERA to do those things required in subsections 35(1)(a)
to 35(1)(e).
Power, as an administering authority making an environmental Section 35(3)
management decision relating to a prescribed ERA to do those things
required in subsections 35(3)(a) and 35(3)(b).
Page 26 of 147
Section 27
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority making an environmental Section 36(1)
management decision relating to an activity, to consider whether to impose
conditions about each of the matters listed in subsections 36(1)(a) to
36(1)(m).
Power, as an administering authority making an environmental Section 37
management decision relating to an activity, to consider whether to impose
monitoring conditions about the release of contaminants from the activity on
the receiving environment.
Power, as an administering authority making an environmental Section 40
management decision relating to an activity that involves, or may involve,
the release of water or waste to a wetland for treatment, to refuse to grant
the application for a reason listed in subsection 40(2).
Power, as an administering authority making an environmental Section 41
management decision relating to an activity that involves, or may involve,
the release of water or waste directly to groundwater, to refuse to grant the
application for a reason listed in subsection 40(2).
Power, as an administering authority in the circumstances set out in Section 41AA(3)
subsection 41AA(1), to refuse to grant the application if the relevant activity
will, or may have, a residual impact.
Power, as a person who generates waste, if required by an authorised Section 47
person, to retest the waste under chapter 5, part 1, division 2.
Power, as a generator of waste in the circumstances prescribed in Section 51(2)
subsection 51(1), to notify the administering authority of the change within
24 hours after receiving the test results for the retesting.
Power, as a generator of waste in the circumstances prescribed in Section 51(3)
subsection 51(1), to give a written report to the administering authority
containing those things prescribed in subsection 51(3).
Power, as a generator of tested waste in the State, to:- Section 52
(a) for each load of the waste transported to a receiver, record the
prescribed information for the load in the approved form;
(a)(b) give the prescribed information for the load to the receiver;
and
(c) keep the record mentioned in subsection 52(1) for at least 5 years.
Power, as a receiver in the State who is given a load of tested waste, to:- Section 53
(a) record the prescribed information for the load in the approved form;
(a)(b) within 24 hours after becoming aware of an omission or
inaccuracy in the prescribed information, give written notice of the
omission or inaccuracy to the administering authority; and
(c) keep the record mentioned in subsection 53(2) for at least 5 years.
Page 27 of 147
Section 28
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a waste handler to pay the fee to the chief executive when giving Section 73
prescribed information about the transportation of trackable waste to the
administering authority.
Power, as a generator, to give the transporter the prescribed information Section 78(1)
about the waste in the prescribed form and to record the prescribed
information about the waste.
Power, as a generator, to give the prescribed information about the waste Section 78(2)
to the administering authority in the prescribed way and within the
prescribed period after giving the waste to the transporter.
Power, as a transporter, to give the receiver the prescribed information Section 79(2)
about the waste and to record the prescribed information about the waste.
Power, as a transporter, to give the administering authority notice of a Section 79(3)
discrepancy in information received from the generator.
Power, as a transporter, to keep the record mentioned in subsection Section 79(4)
79(2)(b) for at least 5 years.
Power, as a receiver, to record the prescribed information about the waste. Section 80(1)
Power, as a receiver, to give a copy of the prescribed information about the Section 80(2)
waste to the administering authority in the prescribed way and within the
prescribed period.
Power, as a receiver, to give the administering authority written notice of a Section 80(3)
discrepancy in information received from the transporter.
Power, as a transporter, to keep the record mentioned in subsection 80(1) Section 80(4)
for at least 5 years.
Power, as a receiver, to record the prescribed information about the waste. Section 84(1)
Power, as a receiver, to give the prescribed information about the waste to Section 84(2)
the administering authority in the prescribed way and within the prescribed
period.
Power, as a receiver, to give the administering authority written notice of a Section 84(3)
discrepancy in information received from the transporter.
Power, as a receiver, to keep the record mentioned in subsection 84(1) for Section 84(4)
at least 5 years.
Power, as a generator, to give the transporter the prescribed information Section 87(1)
about the waste and to record the prescribed information about the waste.
Power, as a generator, to give the prescribed information about the waste Section 87(2)
to the administering authority in the prescribed way and within the
prescribed period.
Power, as a receiver, to keep the record mentioned in subsection 87(1)(b) Section 87(4)
for at least 5 years.
Page 28 of 147
Section 29
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a transporter, to give the administering authority notice of a Section 88(2)
discrepancy in information received from the generator.
Power to apply to the administering executive for approval of a particular Section 92
way 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 93
a load 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 94
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 97
number.
Power to require an owner or occupier of relevant premises to supply waste Section
containers other than standard general waste containers. 101(1)(b)
Power to supply premises with standard general waste containers. Section 101(2)
Power to require a waste container to be kept at a particular place at a Section
premises. 103(1)(a)
Power to require a prescribed person of serviced premises, other than a Section 104(2)
detached dwelling, to supply:
(a) an elevated stand at a level required by Council; or
(b) an imperviously paved and drained area for the waste
containers, and
(a)(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 105
Power to give a written approval to the owner or occupier of relevant Section 106
premises for depositing or disposing of general waste and to impose
conditions on the approval.
Power to require the occupier of relevant premises where there is industrial Section 107(1)
waste to:
(a) supply industrial waste containers;
(b) keep the waste containers at a place at the premises that Council
requires; and
keep each waste container clean and in good repair.
Power, where the occupier does not supply the waste containers required Section 107(2)
under subsection 107(1)(a), to supply industrial waste containers.
Page 29 of 147
Section 30
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to require occupier of relevant premises where there is industrial Section 108
waste, to treat the waste to the standard approved by Council for disposal
of the waste at a waste facility.
Power, as an occupier of a reporting facility that under NPI NEPM exceeds Section 117(2)
the reporting threshold for a substance in the facility’s reporting period, to
give the chief executive the information identified in subsection 117(2).
Power, as an occupier of a reporting facility that under NPI NEPM exceeds Section 117(7)
the reporting threshold for a substance in the facility’s reporting period, to
comply with a notice issued by the chief executive pursuant to subsection
117(6).
Power, as an occupier of a reporting facility that under NPI NEPM exceeds Section 119
the reporting threshold for a substance in the facility’s reporting period, to
keep the information listed in section 119.
Power, as an occupier of a reporting facility that under NPI NEPM exceeds Section 120
the reporting threshold for a substance in the facility’s reporting period, to
make written representations to the Minister in response to a notice issued
pursuant to subsection 120(4).
Power, as an occupier of a reporting facility that under NPI NEPM exceeds Section 123
the reporting threshold for a substance in the facility’s reporting period, to
apply to the chief executive for an estimation technique approval and to
respond to any request for further information.
Power, as an occupier of a reporting facility that under NPI NEPM exceeds Section 127
the reporting threshold for a substance in the facility’s reporting period, to
give the chief executive a written notice claiming that the information
required to be given under section 117(2) or (7) should be treated as
confidential and to respond to any requests for further information.
Power to administer and enforce those provisions of the Act devolved to Sections 130,
Council under Chapter 8, Part 1. 131, 132, 133,
134, 135 and
136
Power, as an administering authority, to recover as a debt an unpaid fee Section 155
under the Act.
Power, as a holder, to give the chief executive the documents listed in Section 166(1)
subsection 166(1).
Power, as a holder, to keep the records listed in in subsections 170(a) to Section 170
(d).
Power, as a holder, to comply with a notice issued by an authorised person Section 171(3)
pursuant to subsection 171(2).
Page 30 of 147
Section 31
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a holder, to give the administering authority written notice that Section 172
eligibility for the reduced annual fee under subsections 165(1)(c)(i) or (ii)
has stopped.
Power, as an administering authority, to require by written notice the holder Section 173(2)
to pay the difference between the annual fee and the reduced annual fee.
Power, as an administering authority, to recover as a debt from the holder Section 174(3)
of an environmental authority an unpaid supplementary annual fee for an
amended environmental authority.
Power, as an administering authority, to, by written notice, require the holder Section 175
of an environmental authority for regulated waste transport to pay a
supplementary annual fee and if unpaid, to recover the supplementary
annual fee as a debt.
Power, as an administering authority, to, by written notice, require the holder Section 177(2)
to pay:-
(a) the annual fee or the outstanding amount of the fee; and
the late payment fee stated in schedule 15 of the Regulation.
Power, as a holder, to comply with a notice issued pursuant to subsection Section 177(3)
177(2).
Power, as a holder, to pay the administering authority a fee for its Section 178(2)
assessment of the holder’s annual returns and monitoring compliance with
the transitional environmental program.
1. 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 Section 81I
about 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 Section 81J(2)
about 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 Section 81K(1)
waste.
Power, as a receiver, to give a copy of the prescribed information about Section 81K(2)
the waste to the administering authority.
Page 31 of 147
Section 32
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 Section 81O(1)
waste.
Power, as a receiver, to give a copy of the prescribed information about Section 81O(2)
the 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 Section 81R(1)
about 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.
Power to apply to the administering executive for approval of a particular Section 81W
way 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 Section 81X
for 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 Section
waste containers other than standard general waste containers. 81ZF(1)(b)
Power to require an owner or occupier of relevant premises to supply Section 81ZF(2)
waste containers other than standard general waste containers.
Power to require a waste container to be kept at a particular place at Section
premises. 81ZH(1)(a)
Page 32 of 147
Section 33
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 Section 81ZK
premises 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 Section 81ZL
industrial 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 chapter 5A, part 2. Section 81ZS
##Please note this section applies only until Council passes a local law
which states it replaces Chapter 5A of the Regulation or 1 July 2018
(whichever is the earlier)##
Power, as the owner, operator or controller of a waste facility, to Section 81ZT
administer and enforce chapter 5A, part 3.
##Please note this section applies only until Council passes a local law
which states it replaces Chapter 5A of the Regulation or 1 July 2018
(whichever is the earlier)##
Power, as an occupier of a reporting facility that under NPI NEPM Section 85(2)
exceeds the reporting threshold for a substance in the facility’s reporting
period, to give the chief executive the information identified in subsection
(2).
Page 33 of 147
Section 34
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an occupier of a reporting facility that under NPI NEPM Section 85(7)
exceeds the reporting threshold for a substance in the facility’s reporting
period, to comply with a notice issued by the chief executive pursuant to
subsection (6).
Power, as an occupier of a reporting facility that under NPI NEPM Section 87
exceeds the reporting threshold for a substance in the facility’s reporting
period, to keep the information listed in section 87.
Power, as an occupier of a reporting facility that under NPI NEPM Section 88
exceeds the reporting threshold for a substance in the facility’s reporting
period, to make written representations to the Minister in response to a
notice issued pursuant to subsection (4).
Power, as an occupier of a reporting facility that under NPI NEPM Section 91
exceeds the reporting threshold for a substance in the facility’s reporting
period, to apply to the chief executive for an estimation technique approval
and to respond to any request for further information.
Power, as an occupier of a reporting facility that under NPI NEPM Section 95
exceeds the reporting threshold for a substance in the facility’s reporting
period, to give the chief executive a written notice claiming that the
information required to be given under section 85(2) or (7) should be
treated as confidential and to response to any requests for further
information.
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 Section 116A
under the Act.
Power, as an administering authority, to recover as a debt from the holder Section 134
of an environmental authority an unpaid supplementary annual fee for an
amended environmental authority.
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)a) 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.
Power, as an administering authority, to exercise the power contained in Section 177
previous section 135 where the circumstances in subsection 177(1) apply.
Page 34 of 147
Section 35
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to exercise the power contained in Section 178
previous section 136 where the circumstances in subsection 178(1) apply.
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. In the event that there is a change to any Delegate Position as set out in the schedule of
this instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this
Instrument to the Former Delegated Position will be read as being a reference to the
position that then most closely resembles the Former Delegated Position.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 35 of 147
Section 36
DELEGATION OF AUTHORITY
TITLE: FIRE AND RESCUE SERVICES
Delegation by the Council to: Date:
Chief Executive Officer
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 requirement issued by an authorised fire officer Section 58D
under subsection (2).
Power to comply with a requisition notice. Section 69
Power, as the occupier of a premises in or on which any dangerous goods Section 96
are 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 Sections 97, 99
are stored or to be stored, to prepare an off-site emergency plan and to and 100
amend the plan.
Power to pay to the commissioner charges for any advice or other Section 98(2)
assistance 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 Section 102(1)
circumstances affecting an off-site emergency plan.
Power, as the occupier of a building, to maintain a fire and evacuation plan Section 104E
and 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 Section 104F(2)
assistance provided in preparation of a fire and evacuation plan.
Power to consult with the commissioner about a notice under section Section 104G(2)
104G(1).
Power, as the occupier or owner of a building, to comply with a notice Section 104G(3)
issued by the commissioner under section 104G(1).
Page 36 of 147
Section 37
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to comply with a requirement issued by an authorised fire officer Section 58D
under subsection (2).
Power to comply with a requisition notice. Section 69
Power to consult with an authorised officer about a notice under section Section 104I(9)
104I(7) or (8).
Power to nominate a person to be appointed an assessor by the Section
commissioner 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 Section 111(2)
local government pursuant to Part 10 of the Fire and Emergency Service
Act.
Power to, in respect of each financial year: Section 112(1)
(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(6)
executive allows an appeal.
Power to refund to the appellant any amount paid in respect of Section 113(7)
contributions, for 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 Section 117(3)
performing functions under Part 10 of the Fire and Emergency Service Act.
Power to make payments to the department, for the fund, out of its Section 118(1)
operating 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.
Page 37 of 147
Section 38
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to comply with a requirement issued by an authorised fire officer Section 58D
under subsection (2).
Power to comply with a requisition notice. Section 69
Power to engage a debt collector (authorised to perform a debt collection Section 126(1)
activity 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 Section 128A
charges and to contribute amounts raised via special rates or charges, or
separate rates or charges, to rural fire brigades operating in Council’s local
government area.
Power to consult with the commissioner about the establishment of an SES Section 133(2)
unit 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 Section 136(3)
commissioner to appoint a person as a SES coordinator.
Power to consult with the commissioner about the appointment of a person Section 136(4)
as a 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 Section 141(2)
unit in 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.
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 Section 152C(4)
mentioned in subsection (2)(b).
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 38 of 147
Section 39
3. In the event that there is a change to any Delegate Position as set out in the schedule of
this instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this
Instrument to the Former Delegated Position will be read as being a reference to the
position that then most closely resembles the Former Delegated Position.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 39 of 147
Section 40
DELEGATION OF AUTHORITY
TITLE: HEAVY VEHICLE
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Heavy Vehicle (Mass, Dimension and Loading) National Regulation
Heavy Vehicle National Law (Qld)
Heavy Vehicle National Law Regulation 2014
Delegated Power:
1. To exercise the powers of Council pursuant to the Heavy Vehicle (Mass, Dimension and
Loading) National Regulation.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a road manager, to consent to the making of an HML declaration. Section
subject to conditions 14(3)13(1)(b)
Power, as a road manager for a HML declaration, to request the regulator to Section 14(4)
amend or cancel the declaration.
Power, as a relevant road manager for an HML declaration, to consent to Section 14 (3)
the making of the declaration subject to the condition that stated intelligent
access conditions are imposed on the use of a stated type of HML heavy
vehicle under the higher mass limits in an area or on a route to which the
declaration applies.
Power, as a relevant road manager for an HML declaration, to give written Sections 14(4)
reasons for a decision made under subsection 14(3) to the Regulator.
Power, as a relevant road manager for an HML declaration in the Section 18
circumstances set out in subsection 18(1), to ask the Regulator to do one or
more of the things listed in subsection 18(2).
Power, as a road manager, to consent to the granting of an HML permit. Sections
22(1)(b) and
23
Power, as a road manager, to consent to the granting of an HML permit Section
subject to conditions 24(1)(a)
Power, as a road manager, to consent to amendment of an HML. Section 29(4)
Power, as a road manager for a HML permit, to request the regulator to Section 31(2)
amend or cancel the permit.
Page 40 of 147
Section 41
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a road manager, to consent to a declaration of the regulator Section 41(1)
pursuant to section 40.
2. To exercise the powers of Council pursuant to the Heavy Vehicle National Law (Qld).
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a road manager, to consent to the grant of a mass or dimension Section 156(1)
authority.
Power, as a road manager, to ask the regulator for a longer period of time Section 156(2)
under section 156(1)(b).
Power, as a road manager, to give the regulator a written statement that Section 156(6)
explains the road manager’s decision and complies with section 172.
Power, as a road manager, to notify the regulator:- Section 159(2)
(a) that a route assessment is required for the road manager
deciding whether to give or not to give the consent;
(b) the fee payable (if any) for the route assessment under a law of
the jurisdiction in which the road is situated.
Power, as a road manager, to consent to the grant a mass or dimension Sections
authority subject to conditions. 160(1), 161(1)
and 162(1)
Power, as a road manager for a mass or dimension authority, to give the Sections
regulator a written statement that explains the road manager’s decision and 160(2), 161(2)
complies with section 172. and 162(2)
Power, as a road manager for a mass or dimension authority, to seek an 167(2)(b)(ii)
extension of time to give a notice under section 167(2)(b).
Power, as a road manager for a mass or dimension authority, to give Section 169(1)
consent to the grant of a mass or dimension authority for a trial period of no
more than 3 months.
Power, as a road manager for a mass or dimension authority, to object to Section 170(3)
the renewal of the authority for a further trial period.
Power, as a road manager for a mass or dimension authority granted by Section 174(2)
Commonwealth gazette notice, to request the regulator to amend or cancel
the authority if the circumstances of section 174(1) exist.
Power, as a road manager for a mass or dimension authority granted by Section 178(2)
permit, to request the regulator to amend or cancel the authority if the
circumstances of section 178(1) exist.
Power, as a road manager, to apply to the Court for a compensation order. Section 611(2)
Page 41 of 147
Section 42
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a road manager and public authority, to sign a certificate. Section
612(2)(c)
Power, as a road manager and reviewer, to agree to a longer prescribed Section 645(6)
period for a review of a reviewable decision.
Power, as a road manager, to agree to a longer prescribed period for a review Section 645(6)
of a reviewable decision.
3. To exercise the powers of Council pursuant to the Heavy Vehicle National Law Regulation
2014.
Please note: This register covers powers of Council as a road manager only and does not include powers of
Council as a driver or operator of a heavy vehicle
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a road manager, to set the fee payable for a route assessment. Section 4 (2)
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.
3. In the event that there is a change to any Delegate Position as set out in the schedule of
this instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this
Instrument to the Former Delegated Position will be read as being a reference to the
position that then most closely resembles the Former Delegated Position.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 42 of 147
Section 43
DELEGATION OF AUTHORITY
TITLE: LAND
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Land Act 1994
Delegated Power:
1. 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)
96, to exercise a right of access, a right of grazing and a right to bring action
for trespass over the adjacent land.
Power, as a person an adjacent owner for the land, to consent to the Section
dedication of non-tidal watercourse land or non-tidal lake land as a reserve. 13AC(1)(a)
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 Section 13B(2)
pursuant 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 Section 13B(6)
of the application.
Power, as registered owner of land, to enter an agreement with the Section 18(1)
Governor 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.
Page 43 of 147
Section 44
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a person seeking to have a plan of subdivision registered in Section 23A(1)
relation to the land contained in a deed of grant, deed of grant in trust or
lease, to apply to the Minister chief executive 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 Section 23A(6)
Minister’s chief executive’s decision.
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 Section 25(2)
value 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 Section 26(4)
decision 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 Section 26B(8)
by 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 Section 31D(1)
reserve 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 Section 32
State 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)
Page 44 of 147
Section 45
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as owner of improvements on a reserve the dedication to which has Section 34H(1)
been revoked, to apply, in writing to the chief executive, 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 chief executive.
Power, as trustee of an operational reserve, to apply for a deed of grant Section 34I(1)
over the reserve.
Power, as trustee of an operational reserve, to give notice of the intention Sections 34I(3)
to 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.
Power, as trustee, to apply for the cancellation of a deed of grant in trust Section 38A(2)
under 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, in writing to the chief executive, 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 chief executive’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 Sections 46, 47,
and other directions provided by Minister. 48 and 49
Power, as trustee, to:- Section 48
(a) comply with a request of the chief executive to apply for the approval
of a management plan for the trust land; and
(b) comply with a request of the chief executive to make all records
available for inspection by the chief executive and allow copies and
notes of the records to be made;
register any management plan in the appropriate register
Power, as trustee, to:- Section 49
(a) allow the auditor-general, a person mentioned in section 47(1)(a) to
(d), or a person authorised by the chief executive of a department,
to audit the trust’s financial accounts; and
(b) help the conduct of the audit, including the disclosure of financial
institution accounts necessary for the audit.
Page 45 of 147
Section 46
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to take all necessary action for the maintenance and management Sections 52(1)
of 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, in writing to the chief executive, 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 Ministerchief executive.
Power, as trustee, to lease all or part of the trust land if the trustee first Section 57(1)
obtains 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:-
(a) the Minister for a sublease; or
(b) otherwise, the chief executive.
Power, as trustee lessee, to transfer, mortgage or sublease a trustee lease
subject to the written approval of the Minister and the trustee to the
transaction.
Power to appeal against the Minister’s or chief executive’s decision to Section 58(7)
refuse to allow a transfer, mortgage or sublease of a trustee lease.
Power, as trustee, to issue a trustee permit to use all or part of the trust Section 60(1)
land.
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.
Power, as a relevant person, to apply for approval to lease, sublease or Section 64(4)
sub-sublease trust land even if an authority is in force.
Page 46 of 147
Section 47
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as trustee, to cancel a trustee lease or trustee permit if the lessee Section 65(1)
or 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 Section 67(3)
of 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 Section 81(4)
further 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 Section 83(1)
cemetery, in the absence of any local law covering the matter.
Power to apply to the Minister seeking approval to surrender land granted Section 84(1)
for 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 Section 109A(1)
and closing of roads subject to the conditions in section 109A(1)(a), (b) and
(c).
Page 47 of 147
Section 48
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 Section 109B(1)
of roads subject to section 109B (1)(a), (b) and (c).
Power to ask the Minister to include certain matters in the deed of grant in Section 109B(2)
trust 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 Section 120A(1)
competition.
Power, as lessee, to apply to the Minister that a lease be used for Section 154
additional or 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 Section 158
application).
Power, as an applicant for a renewal application, to appeal against the Section 160(3)
chief 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 a lessee under a rolling term lease, to apply to the Minister for Section 164C(1)
an extension of the term
Power, as a lessee under a rolling term lease, to appeal to the Minister’s Section 164C(7)
refusal of an extension of the term.
Power, as lessee, to apply to convert a perpetual lease to freehold land Section 166(1)
and a term lease to a perpetual lease or to freehold land.
Power, as applicant for a conversion application, to appeal against the Section 168(5)
chief 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.
Page 48 of 147
Section 49
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to appeal against the chief executive’s decision on the purchase Section 170(2)
price 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 Section 176K(1)
to 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, 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 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 Section 177A(1)
a road.
Power to give notice of an intention to apply for a permit to occupy Section 177A(2)
unallocated 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.
Power, as a relevant entity, to apply to surrender or cancel a permit to Section 180A
occupy.
Power, as a permittee for a permit that is cancelled or surrendered, to apply Section 180H(1)
to 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 or chief Section 201
executive the information 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
Page 49 of 147
Section 50
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 Section 214F(3)
term 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 Section 225(2)
resumed under the division, to claim compensation.
Power, as lessee, to appeal against the Minister’s decision on Section 226(5)
compensation 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 Section 240E(1)
of a lease, to apply in writing to the chief executive make written application
for permission to sell the lease.
Power, as a local government, to apply to the Minister chief executive to sell Section 240G
a lease.
Power, as lessee of a forfeited lease, to apply, in writing to the chief Section 243(1A)
executive, to remove the lessee’s improvements on the lease.
Power, as lessee of a forfeited lease, to remove the improvements with the Section 243(1)
written approval of the Ministerchief executive.
Power, as a transferor or a person creating the interest, or the transferee Section 288(1)
or the person in whose favour the interest is to be created, to sign a
document transferring a lease, sublease or licence or creating an interest in
a lease or sublease.
Power, as a transferor or a person creating the interest, or the transferee Section
or the person in whose favour the interest is to be created, to sign a 288(1)(b)
document transferring a lease, sublease or licence or creating an interest in
a lease or sublease.
Page 50 of 147
Section 51
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 Section 322(3)
a lease, sublease or licence under the Act with the approval of the
Ministerchief executive.
Power, as a lessee, licensee or the holder of a sublease, to apply to the Section 322(5)
Minister chief executive to extend the time mentioned in subsection 322(4).
Power, as a lessee, licensee or the holder of a sublease, to appeal a Section 322(8)
decision of the Minister chief executive not to grant the transfer of a lease,
sublease or licence.
Power to surrender freehold land on terms agreed between the Minister Section 327
chief executive and the registered owner and with the Minister’s chief
executive’s written approval.
Power to surrender a lease or part of a lease on terms agreed between the Section 327A
Minister chief executive and the lessee and with the Minister’s chief
executive’s written approval.
Power, as a registered owner, to apply in writing to the Minister chief Section 327B
executive to surrender freehold land.
Power, as a lessee, to apply in writing to the Minister chief executive to Section 327C(1)
surrender all or part of a lease.
Power, as a lessee, to give notice of an intention to apply to any other Sections
person with a registered interest in the lease. the Minister to surrender all 327C(2) and
or part of a lease. 327C(3)
Power, as owner of improvements on a lease that has been surrendered, Section 327I(1)
to apply in writing to the chief executive to remove the owner’s
improvements on the lease.
Power, as owner of improvements on a lease that has been surrendered, Section 327I(2)
to remove the owner’s improvements with the Minister’s chief executive’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
lease issued under the Act. 332(7)(6) and
Page 51 of 147
Section 52
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 Section 339B
to mediation.
Power, as party to a sublease, to give another party to the sublease a Section 339F
dispute notice and ask the responder to give information reasonably
required for resolving the dispute.
Power, as a party to a sublease who has received a dispute notice, to Section 339G.
respond to the dispute notice and ask for further information reasonably
required for resolving the dispute.
Power, as a party to a sublease and where the circumstances of section Section
339H(1) apply, to attempt to resolve the dispute by mediation. 339H(2).
Power, as a party to a sublease and a party to a dispute, to jointly appoint Section 339I(1)
a mediator to mediate the dispute.
Power, as a party to a sublease and a party to a dispute, and where the Section 339I(2).
circumstances of section 339I(2) apply, to request the prescribed dispute
resolution entity to appoint a mediator to mediate the dispute.
Power, as a party to a sublease and a party to a dispute, to agree to a time Section 339J(1)
for the mediation.
Power, as a party to a sublease and a party to a dispute, and where the Section 339J(2).
circumstances of section 339J(2) apply, to request the prescribed dispute
resolution entity to set a time for the mediation of the dispute.
Power, as a party to a sublease and a party to a dispute that is the subject Section 339K.
of mediation, to participate in the mediation, agree to adjourn the mediation,
and agree to a later time for the mediation.
Power, as a party to a sublease and a party to a dispute that is the subject Section 339L.
of mediation, to pay Council’s share of the mediator’s costs of the mediation
or otherwise agree with the other parties to the dispute how the costs of the
mediator will be paid.
Power, as a party to a sublease and a party to a dispute, to jointly appoint Section 339O(1)
an arbitrator to decide the dispute.
Power, as a party to a sublease and a party to a dispute, and where the Section
circumstances of section 339O(2) apply, to request the prescribed dispute 339O(2).
resolution entity to appoint an arbitrator to decide the dispute.
Power, as a party to a sublease and a party to a dispute, to agree to extend Section
the period for the arbitrator to decide the dispute by issuing an award. 339Q(3)(c).
Power, as a party to a sublease and a party to a dispute, and where the Section
arbitrator has required, to give an appointed expert access to or copies of 339R(1)(b)
any relevant information, documents or other property.
Page 52 of 147
Section 53
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a party to a sublease and a party to a dispute, to request that an Section
appointed expert participate in a hearing. 339R(2).
Power, as a party to a sublease and a party to a dispute that has been Section 339T.
decided by arbitration, to apply to the Supreme Court to set aside the
decision in certain circumstances.
Power, as a party to a sublease and a party to a dispute that is the subject Section 339U.
of arbitration, to pay Council’s share of the arbitration costs or otherwise
agree with the other parties to the dispute how the arbitration costs will be
paid.
Power, as the registered owner or trustee, to surrender land if the Section 358(1)
description 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 Section 358(2)
the 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
Ministerchief executive.
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 or a perpetual Section 360C(2)
lease, other than a State 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 Section 360C(3)
of 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
utility provider or the owner of the land to be burdened. 363(1)(b)
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 to apply to the Minister for approval for a public utility easement to Section 372(2)
continue over unallocated State land when the deed of grant in trust, lease
or licence ends or the dedication of the reserve is revoked.
Power to apply to the Minister for approval for a public utility easement to Section 372(5)
continue over unallocated State land when the freehold land is surrendered.
Page 53 of 147
Section 54
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the trustee, lessee or sublessee of nonfreehold land the subject Section 373A
of a trust, lease or sublease, to consent to the creation of a covenant on the
land.
Power, as trustee of trust land, or as a lessee, licensee or permittee to start Section 415
a 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 Section 420E
listed in 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 an interested person and owner of adjacent land, and where the Section 431ZG
circumstances of section 431ZG(1) apply, to give the chief executive written
notice of the damage.
Power, as an interested person and owner of adjacent land, and where the Section
circumstances of section 431ZH(1) apply, to enter a remediation agreement 431ZH(2)
with the chief executive.
Power, as an interested person and owner of adjacent land, and where the Section
circumstances of section 431ZH(1) apply and a remediation agreement has 431ZH(5)
not been made, to apply to the court to decide what remediation action, if
any, will be taken.
Power, as licensee, to surrender all or part of an occupation licence, on Section 481A
terms 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 Section 481B(1)
surrender 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 Section 481J(1)
surrendered absolutely, to apply to remove the licensee’s improvements on
the licence.
Page 54 of 147
Section 55
DESCRIPTION OF POWER DELEGATED LEGISLATION
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.
Power, as a local government, to apply to exchange the conditional deed Section 492(1)
for a 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 Section 505(2)
the 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.
3. In the event that there is a change to any Delegate Position as set out in the schedule of
this instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this
Instrument to the Former Delegated Position will be read as being a reference to the
position that then most closely resembles the Former Delegated Position.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 55 of 147
Section 56
DELEGATION OF AUTHORITY
TITLE: LAND TITLE
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Land Title Act 1994
Delegated Power:
1. To exercise the powers of Council pursuant to the Land Title Act 1994.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power, as a person served with a written notice by the registrar, to give Section 18
public notice of a request listed in subsection (1) and to satisfy the registrar
that the public notification has been given.
Power to undertake the searches and obtain copies of the documents Section 35(1)
described in section 35(1)
Power, as the registered owner, to ask the register to issue a certificate of Section 42(1)
title.
Power, as the registered owner, to agree to a plan of subdivision and Section 50(1)(b)
dedicating the public use land
Power, as the relevant planning body, to approve a plan of subdivision Section 50(1)(h)
Power, as the registered proprietor whose interests are affected by the Section 50(1)(j)
plan, to consent to a plan of subdivision
Power, as the registered owner of a lot, to dedicate the lot as a road for Section 54(1)
public use
Power, as the relevant planning body, to approve a dedication notice to Section 54(3)
dedicate a lot as a road for public use
Power, as the registered owner, to sign a building management statement Section 54B(1)
for registration
Power, as the registered owner, to sign an instrument of amendment for a Section 54E(2)
building management statement
Power, as the registered owner of all lots to which a building management Section 54G
statement applies, to ask the registrar to extinguish the building
management statement.
Power, as the registered owner, to sign an instrument of extinguishment Section 54H(3)
or partial extinguishment for a building management statement.
Page 56 of 147
Section 57
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power, as the registered owner of a lot with two or more registered owners, Section 57
to request the registrar create a separate indefeasible title for the interest
of each owner.
Power, as a registered owner subject to a joint tenancy, to unilaterally Section 59(1)
sever the joint tenancy.
Power, as a registered owner subject to a joint tenancy, to give notice of Section 59(2)
the severing of the joint tenancy in the way prescribed by subsection (2).
Power to register an instrument of transfer for the transfer of a lot or interest Section 60(1)
to or from Council.
Power to register an instrument of lease for the lease of a lot, or part of a Section 64
lot, to or from Council.
Power to register an instrument of amendment of a lease to or from Section 67(1)
Council.
Power, as the relevant local government, to approve the instrument of Section 65(3A)
lease where it is for reconfiguring a lot within the meaning of the Planning
Act 2016.
Power, as a lessor under a registered lease who has lawfully re-entered Section 68(1)
and taken possession under the lease, to lodge a request for the registrar
to register the re-entry.
Power, as a lessor or lessee under a registered lease, to execute and Section 69(1)
register an instrument of surrender of the lease.
Power, as a sublessee, to consent to the surrender of the lease. Section 69(2)
Power, as a lessor or lessee under a registered lease, to give written notice Section 69(3)
of the surrender of the lease to every registered mortgagee and registered
sublessee.
Power to register an instrument of easement benefiting or burdening land Section 82(1)
owned by Council.
Power, as the registered owner, lessee, person entitled to the land or Section 83(1)(b)
public utility provider, to sign an instrument of easement for particular
easements.
Power, as the relevant local government, to approve the plan of survey for Section 83(2)
the creation of an easement giving access to a lot from a constructed road
where it is the reconfiguring of a lot under the Planning Act 2016.
Power, as the registered owner of a lot burdened by an easement in favour Section 85B(2)
of a public utility provider that is not a public thoroughfare easement, to
recover from the public utility provider a reasonable contribution towards
the cost of keeping the part of the lot affected by the easement in a
condition appropriate for enjoyment of the easement.
Power, as the registered owner of the lot benefited and the lot burdened Section 87
by an easement, to ask the registrar to extinguish the easement.
Power to register an instrument of surrender of an easement benefiting or Section 90(1)
burdening land owned by Council.
Page 57 of 147
Section 58
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to sign an instrument of surrender of an easement. Section 90(2)
Power, as a lessee or sublessee of a lot benefited by an easement, to Section 90(3)
consent to surrender of the easement.
Power to register an instrument of amendment of an easement benefiting Section 91(1)
or burdening land owned by Council.
Power, as a local government and covenantee, to register an instrument Section 97A
of covenant.
Power, as a local government and covenantee, to register an instrument Section 97C
of amendment of a covenant.
Power, as a local government and covenantee, to sign and register an Section 97D
instrument of surrender of a covenant.
Power to register an instrument of profit a prendre benefiting or burdening Section 97E
land owned by Council.
Power, as the registered owner of the lot benefited and the lot burdened Section 97I
by a profit a prendre, to ask the registrar to extinguish the profit a prendre.
Power to register an instrument of amendment of a profit a prendre Section 97K
benefiting or burdening land owned by Council.
Power to register an instrument of release of a profit a prendre benefiting Section 97L
or burdening land owned by Council
Power to register instrument of carbon abatement interest for a lot owned Section 97O
by Council or over which Council has an interest.
Power, as a holder of a registered interest in land affected by a proposed Section 97P(c)
grant of a carbon abatement interest, to consent to the proposed grant.
Power to register instrument of amendment of a carbon abatement interest Section 97S(1)
for a lot owned by Council or over which Council has an interest.
Power to register instrument of surrender of a carbon abatement interest Section 97U(1)
for a lot owned by Council or over which Council has an interest.
Power to apply to be registered as owner of a lot as an adverse possessor. Section 99(1)
Power to withdraw an application to be registered as owner of a lot as an Section 100
adverse possessor and request that all documents lodged in support of the
claim be returned.
Power, as a person claiming an interest in a lot the subject of an adverse Section104
possession claim, to lodge a caveat.
Power, as a caveator given a written notice under subsection (1), to:- Section106(2)
(a) start a proceeding in the Supreme Court to recover the lot; and
(b) give written notice, in the way the registrar requires, to the registrar
that the proceeding has started.
Power, as a caveator that does not agree to the registration of the applicant Sections107(2)
for a lesser interest in the lot, to:- and (3)
(a) start a proceeding in the Supreme Court to recover the lot; and
Page 58 of 147
Section 59
DESCRIPTION OF POWER DELEGATED LEGISTATION
(b) give written notice, in the way the registrar requires, to the registrar
that the proceeding has started.
Power, as an applicant, to sign the plan of subdivision as if the applicant Section108A
were the registered owner of the relevant lot.
Power, as the registered owner holding the interest in the lot as trustee, to Section 110(1)
lodge an instrument of transfer to register the interest as being held as
trustee.
Power, as a person who is beneficially entitled under a will to a lot or an Section 112(1)
interest in a lot of a deceased registered proprietor, to apply to the registrar
to be registered as proprietor of the lot.
Power, as a person mentioned in section 114(1), to apply to the Supreme Section 114(2)
Court for an order to be registered as proprietor of the lot.
Power to lodge a caveat. Section 122
Power to withdraw a caveat. Section 125
Power, as a caveatee, to serve on the caveator a notice requiring the Sections 126(2)
caveator to start a proceeding in a court of competent jurisdiction to and (3)
establish the interest claimed under the caveat and to notify the registrar
of service of the notice.
Power, as a caveator served with a notice under subsection (2), to:- Section 126(4)
(a) start a proceeding in a court of competent jurisdiction to establish
the interest claimed under the caveat; and
(b) notify the registrar that a proceeding has been started and the
identity of the proceeding.
Power, as a caveatee, to apply to the Supreme Court for an order that a Section 127(1)
caveat be removed.
Power to lodge a request to cancel a caveat. Section 128(1)
Power to seek the leave of a court of competent jurisdiction to lodge a Section 129(2)
further caveat.
Power to deposit a priority notice for a lot. Section 139(1)
Power to deposit a request to extend a priority notice. Section 141(1)
Power to deposit a request to withdraw a priority notice. Section 143(1)
Power, as an affected person for a lot to which a priority notice applies, to Section 144(1)
apply to the Supreme Court for an order that the priority notice be removed.
Power to deposit a request to cancel a priority notice. Section 145(1)(a)
Power, as the depositor of a priority notice, to request a correction to the Section 149(1)
priority notice.
Power to comply with a requisition given to Council by the registrar. Section 156(3)
Power to apply to the registrar to relodge an instrument that the registrar Section 159(4)
has permitted to be withdrawn.
Page 59 of 147
Section 60
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to comply with a requirement of the registrar to deposit an Section 160
instrument for correction or cancellation.
Power to comply with a requirement of the registrar to lodge a plan of Section 165
survey for the lot.
Power to lodge a standard terms document and amend a standard terms Section 169(1)
document on Council’s behalf.
Power to request the registrar to withdraw a standard terms document on Section 172(1)
Council’s behalf
Power, as a person affected by a correction, to apply to the Supreme Court Section 186(2)
for an order that the correction be amended or set aside.
Power, as a person with an entitlement to compensation under section 188 Section 188B(1)
or 188A, to apply to the Supreme Court for an order:-
(a) for compensation to be paid by the State;
(b) directing the registrar to take stated action.
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. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed, the
reference in this Instrument to the Former Delegated Position will be read as a reference
to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 60 of 147
Section 61
DELEGATION OF AUTHORITY
TITLE: LIQUOR
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Liquor Act 1992
Delegated Power:
1. To exercise powers of the Council pursuant to the Liquor Act 1992.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to apply, as provided under the QCAT Act, to the tribunal for a review Section 30
of a decision of a commissioner.
Power to apply appeal a decision of the tribunal to the Court of Appeal. Section 35
Power to consent to the making of an application for an adult entertainment Section 105B
permit or to abstain from consenting to the application.
Power to make comments in regard to the grant of an adult entertainment Section 107D(2)
permit.
Power to raise a matter and make comment to the chief executive, where Section
Council is consulted in relation to an application for an extended hours 110(4)(a)
permit.
Power to: Section 117(2)
(a) comment on the reasonable requirements of the public in the locality; or
(b) object; in respect of the grant of a relevant application.
Power to comment about an application relating to a restricted area. Section 117A
Power to make a submission about an application which requires a notice Section 118A
to be published under section 118 and a community impact statement to be
given under section 116.
Power to make comment in regard to the grant of an application generally. Section
121(1)(c)
Power to designate a “public place” as a “designated area”, for the purposes Section 173C(1)
of permitting the consumption of liquor, and power to set the period or times and (2)
during which the designation will have effect.
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Section 62
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to advertise the designation made under section 173C (1), and Section 173D(1)
power to erect signs advising of the designation, the period and times of the and (3)
designation.
Power to repeal or amend the designation under section 173C, and power Section 173E (1)
to advertise the repeal or amendment; erect signs that the designation has and (3)
been amended; or remove signs if the designation has been repealed
Power to display a notice regarding a designation at or near each entrance Section 173M(1)
to a place within a restricted area.
Power to: Section 173N
(a) display a notice about the suspension of a restricted area (3) and (4)
designation on each of the section 173M notices displayed for the
restricted area whilst the suspension is in force; and
(b) notify the Queensland Police Service about the suspension.
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. In the event that there is a change to any Delegate Position as set out in the schedule of
this instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this
Instrument to the Former Delegated Position will be read as being a reference to the
position that then most closely resembles the Former Delegated Position.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 62 of 147
Section 63
DELEGATION OF AUTHORITY
TITLE: Procurement and Contracting
LOCAL GOVERNMENT ACT
FINANCE AND PROCUREMENT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Local Government Act 2009
Local Government Regulation 2012
Local Government Act 2009 – Sections 257, 259, 262
Local Government Regulation 2012 – Sections 225 to 228,230 to 235 and 238
Delegated Power:
1. To exercise the powers of Council pursuant to the Local Government Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to conduct a public benefit assessment of a new significant Section 46(2)
business activity
Power to prepare a report on the public benefit assessment in accordance Section 46(5)
with section 46(5) of the Local Government Act 2009.
Power to apply a code of competitive conduct to a business activity other Section 47(9)
than a business activity prescribed under a regulation.
Power to establish a system of financial management, except those parts Section 104(1)
of the system that must be adopted by resolution (e.g. 5-year corporate
plan, budget and operational plan).
Power to regularly review and update the financial policies of Council. Section 104(6)
Power to carry out a review of the implementation of the annual operational Section 104(7)
plan annually.
Power to give the public notice of the disbursement of funds not provided Section 110
for in the local government’s budget.
Power to make a submission as a local governing body within the meaning Section 228(4)
of the Local Government (Financial Assistance) Act to assist the Local
Government Grants Commission to make a decision about funding under
the Local Government (Financial Assistance) Act.
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Section 64
2. To exercise the powers of Council pursuant to the Local Government Regulation 2012.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to identify and assess each new significant business activity for Section 18
possible reform involving full cost pricing, commercialising, or
corporatising the activity.
Power, when conducting a relevant business activity, to carry out all Section 41(1)
functions described in subsections (a), and (c) to (f).
Power to ensure the public can inspect a copy of the report given to Section 53
Council under section 52.
Power to give notice of the resolution made pursuant to section 55(1) Section 55(4)
to the entities listed in subsection (4).
Power to establish a register of business activities to which the Section 56(1)
competitive neutrality principle applies.
Power in relation to a mall to do any of the following: Section 58(2)
(a) anything necessary or desirable for developing, managing,
maintaining (including cleaning), promoting or using a mall;
(b) permit the use of any part of the mall on conditions it considers
appropriate;
(c) anything incidental to its powers mentioned in (a) or (b).
Power to keep a written record, in the way required by subsection (2), Section 164
which states the matters identified in subsection (1).
Power to spend money in a financial year before the budget is adopted Section 173(1)
if Council provides for that spending in the budget for the financial year.
Power to give a grant to a community organisation in the public interest Section 194
and consistent with the local government’s community grants policy.
Power to spend money on entertainment or hospitality consistent with Section 196(2)
the local government’s entertainment and hospitality policy.
Power to spend money on advertising to provide information or Section 197(2)
education that is in the public interest and consistent with the local
government’s advertising spending policy.
Power to:- Section 200
1. establish a trust fund;
2. deposit trust money in a financial institution account; and
3. reconcile the assets of the trust fund with the liabilities of the
trust fund at least monthly.
Power to transfer money to or from a trust fund in accordance with Section 201
section 201.
Power to make publicly available an availability notice. Section 201B(4)
Power to establish separate accounting records for Council’s:- Section 203
(a) operations; and
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Section 65
DESCRIPTION OF POWER DELEGATED LEGISTATION
(b) its trust fund.
Power to prepare a financial report. Section 204
Power to give the financial statements referred to in subsections (1) and Section 212
(2) to the auditor-general.
Power to give the department’s chief executive a notice stating that Section 215
Council has paid notional GST for the previous financial year.
Power to give the public notice of a proposed resolution to apply Section 218(2)(b)
Chapter 6, part 2 to its contracts.
Power to allow the public to inspect and buy copies of the contracting Section 220(8)
plan that has been adopted.
Power to set the value limit for valuable non-current assets other than Section 224(7)(b)
land.
Power to invite written quotes for a medium-sized contractual Section 225(1)
arrangement.
Power to decide to accept a quote or to decide not to accept any of the Section 225(3) and
quotes it receives for a medium-sized contractual arrangement. (4)
Power to enter a medium-sized contractual arrangement after first Section 225
inviting written quotes for the contract.
Power to invite written tenders for a large-size contractual arrangement. Section 226(1)
Power to enter a large-sized contractual arrangement after first inviting Section 226
written tenders for the contract.
Power to invite written tenders for a valuable non-current asset contract Section 227(1)
or to offer a non-current asset for sale by auction.
Power to enter a valuable non-current asset contract after first inviting Section 227
written tenders for the contract or offering the non-current asset for sale
by auction.
Power to invite expressions of interest pursuant to section 228. Section 228(2)(b)
The local government:
(a) decides, by resolution, that it would be in the public interest to
invite expressions of interest before inviting written tenders; and
(b) records its reasons for making the resolution in the minutes of the
meeting at which the resolution was made.
Power to prepare a shortlist of people from the persons who responded Section 228(6)
to the invitation for expressions of interest and to invite written tenders
from those persons.
Power to invite all persons who submitted a tender to change their Section 228(7)
tender to take account of a change in the tender specifications.
Power to decide to accept a tender or not to accept any tenders it Sections 228(8) and
receives. (9)
Page 65 of 147
Section 66
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to enter into a medium-sized contractual arrangement or Section 230(1)
large-sized contractual arrangement in accordance with a quote or
tender consideration plan adopted by local government resolution.
Power to enter into a medium-sized contractual arrangement or Section 231(2)
large-sized contractual arrangement for services with a person on an
approved contractor list.
Power to put together an approved contractor list. Section 231(4)
Power to enter into a contract for a medium-sized contractual Section 232(2)
arrangement or large-sized contractual arrangement for the supply of
goods or services with a supplier from a register of pre-qualified
suppliers.
Power to establish a register of pre-qualified suppliers of particular Section 232(3)
goods or services.
Power to invite suppliers to tender to be on a register of pre-qualified Section 232(4)
suppliers.
Power to enter into a medium-sized contractual arrangement or Section 233(2)
large-sized contractual arrangement for goods or services with
a preferred supplier under a preferred supplier arrangement.
Power to enter a preferred supplier arrangement. Section 233(2)
Power to invite persons to tender for a preferred supplier arrangement. Section 232(3)
Power to enter into a contract for goods and services under an LGA Section 234(1)
arrangement.
Power to enter into a medium-sized contractual arrangement or Section 235
large-sized contractual arrangement in circumstances specified in
section 235.
Nb. For subsections 235(a) and 235(b) it is a legislative precondition to
the exercise of the power that Council first pass the resolution referred
to in the respective subsection.
Page 66 of 147
Section 67
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to dispose of a valuable non-current asset other than by tender Section 236
or auction in circumstances specified in section 236.
Nb. For subsections 236(1)(a) to 236(1)(e) it is a legislative precondition
to the exercise of the power that Council first pass the resolution
referred to in subsection 236(2).
Power to publish and display relevant details of a contractual Section 237
arrangement worth $200,000.00 or more (exclusive of GST).
Power to make the adopted expenses reimbursement policy available Section 251
for inspection and purchase by the public and to publish that policy on
Council’s website.
Power to make a reasonable allocation of its administrative and Schedule 4
overhead costs to each relevant activity, having regard to all of a local section 5
government’s relevant activities.
Power to ensure the terms on which the cost of resources is based are Schedule 4
similar to the terms on which they are made available in conducting the section 6
relevant entity.
Power to decide an amount for depreciation of an asset used in Schedule 4
conducting a relevant activity that is appropriate in the circumstances. section 7
Power to work out tax equivalents for Commonwealth or State taxes Schedule 4
Council is not liable to pay as a local government and keep details of section 8
the calculations.
Power to take account of amounts equivalent to the cost of funds Schedule 4
advantage obtained over commercial interest rates because of a State section 9
guarantee.
Power to decide the amount for the return on capital used by a local Schedule 4
government in conducting a relevant activity. section 10
Including the authority to:
(a) undertake the following procurement and contracting activities:
(i) invite written quotes for medium-sized contractual arrangements;
(ii) invite written tenders for large-sized contractual arrangements;
(iii) invite expressions of interest (following Council resolution);
(iv) invite offers for the sale of valuable non-current assets (other than sale of land)
by written tender or auction; and
(b) make, enter into, amend or discharge contracts (established by the aforementioned
methods) for up to $1,000,000 (excluding GST) for the:
(i) procurement of goods and services (including contracts about carrying out of
works);
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Section 68
(ii) the disposal of valuable non-current assets (but not the sale of land);
(iii) the disposal of goods and assets (that are valuable non-current assets).
(c) make, enter into, amend or discharge contracts from the following properly
established medium-sized and large-sized contractual arrangements:
(i) quote or tender consideration plan;
(ii) approved contractor list;
(iii) register of pre-qualified suppliers;
(iv) preferred supplier arrangement;
(v) LGA arrangement;
(vi) an entity resolved by Council as a sole supplier;
(vii) an entity resolved by Council as providing specialised or confidential services;
(viii) when a genuine emergency exists;
(ix) the contract is for the goods and is made by auction;
(x) the contract is for second-hand goods; or
(xi) the contract is made with, or under an arrangement with, a government agency.
(d) make, enter into, amend or discharge contracts for valuable non-current asset
exceptions, subject to legislative conditions and Council resolution:
(i) disposal of an interest by renewal to an existing tenant of the land;
(ii) disposal of an interest in land to a person who owns the adjoining land;
(iii) disposal of an interest in land by lease for a telecommunications tower;
(iv) disposal of a valuable non-current asset, other than land, by way of a trade-in
for the supply of goods and services; or
(v) following Ministerial exemption (Council resolution not required).
(e) authorise payments under a properly established contract;
(f) authorise the issue of purchase cards up to the approved limit; and
(g) authorise statutory payments and specific system payments.
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.
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Section 69
3. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 69 of 147
Section 70
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERNMENT ACT
GOVERNANCE
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Local Government Act 2009
Local Government Regulation 2012
Delegated Power:
1. To exercise the powers of Council pursuant to the Local Government Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to establish an efficient and effective internal audit function. Section 105(1)
Power, as a large local government, to establish an audit committee. Section 105(2)
Power to maintain public liability insurance and professional indemnity Section 107(1)
insurance.
Power to enter into a contract of insurance with WorkCover Queensland Section 107(3)
or another insurer to cover its councillors.
2. To exercise the powers of Council pursuant to the Local Government Regulation 2012.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to discharge Council’s responsibilities in a way that is consistent Section 165(4)
with the adopted 5-year corporate plan.
Power to discharge Council’s responsibilities in a way that is consistent Section 174(5)
with the adopted annual operational plan.
Power to omit information from the copies of the annual performance plan Section 175(3)
(which is part of the annual operational plan) made available to the public
if subsections (3)(a) and (b) are satisfied.
Power to publish Council’s annual report on Council’s website. Section 182(4)
Power to allow the public to inspect and purchase copies of the Section 199(2)
documents referred to in subsection (1).
Power to:- Section 207
(a) prepare an internal audit plan;
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Section 71
DESCRIPTION OF POWER DELEGATED LEGISTATION
(b) carry out an internal audit;
(c) prepare a progress report for the internal audit;
(d) assess compliance with the internal audit plan; and
(e) give the documents referred to in subsection (3) to the audit
committee.
Power to appoint the members of the audit committee. Section 210(1)
Power to appoint one of the members of the audit committee as Section 210(3)
chairperson.
Power to do all things specified in subsection (4) in relation to Council’s Section 306(4)
complaints management process and administrative action complaints.
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. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed, the
reference in this Instrument to the Former Delegated Position will be read as a reference
to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.”
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 71 of 147
Section 72
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERNMENT ACT
LEGAL, RESPONSIBILITES AND OTHER
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Local Government Act 2009
Local Government Regulation 2012
Delegated Power:
1. To exercise the powers of Council pursuant to the Local Government Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to conduct a joint government activity. Section 10
Power to:- Section 16
(a) review whether each division of its local government area has
a reasonable proportion of electors for each councillor elected
for the division; and
(b) give the electoral commissioner and the Minister written notice
of the results of the review
no later than 1 March in the year before the quadrennial elections.
Power to make submissions to the change commission in response to Section 19
a request for submissions in relation to a proposed local government
change.
Power to decide the local government’s process for making a local law Section 29(1)
consistent with Chapter 3, Part 1 of the Local Government Act 2009.
Power to consult with relevant government entities about the overall Section 29A(3)
State interest in a proposed local law.
Power to make submission to the Minister about the Minister’s Section 120(3)(d)
proposed exercise of the power.
Power to make a complaint to the assessor about the conduct of a Section 150O(1)
councillor.
Power, as a government entity, to refer a complaint about the conduct Section 150P(2)
of a councillor to the assessor and give the assessor all information
held by the entity that relates to the complaint.
Power, as the person who made the complaint, to comply with a notice Section 150Q(2)
to give the assessor further information about the complaint.
Page 72 of 147
Section 73
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power, in either of the circumstances listed in subsection (1), to give Section 150S(2)
the assessor a notice about the councillor’s conduct and all
information held by Council that relates to the conduct.
Power to publish Council’s investigation policy on Council’s website. Section 150AE(4)
Power to investigate the councillor’s conduct. Section 150AF(1)
Power, where the council obtains information indicating that a Section 150AF(4)
councillor may have engaged in misconduct, to give the information to
the assessor for further investigation under division 4.
Power, as an occupier of a place, to consent to the entry of the Sections 150BI(1)
investigator and to impose conditions on the entry. and (2)
Power, as an occupier of a place, to sign an acknowledgement of the Section 150BM(1)
consent.
Power, as an occupier of a place, to comply with a help requirement. Section 150BV(1)
Power to apply to the assessor for the return of a seized item. Section 150CE(3)
Power to comply with a notice from the investigator requiring Section 150CH(2)
information to be provided.
Power to claim compensation from the State if the Council incurs loss Section 150CN
because of the exercise, of a power by or for an investigator, including
a loss arising from compliance with a requirement made of Council
under division 3, 4 or 5.
Power, as a person given, or entitled to be given, an information notice Section 150CO
under section 150CC, to apply for an internal review.
Power to ask the assessor to extend the time for making the Section 150CP(2)
application.
Power, as an applicant dissatisfied with a review decision made by the Section 150CR
assessor, to apply to QCAT for a review of the decision.
Power to request the conduct tribunal to:- Section 150DL
(a) investigate the suspected inappropriate conduct of a councillor
referred to the local government, by the assessor, to be dealt
with by the local government; and
(b) make recommendations to the local government about dealing
with the conduct.
Power to pay the costs of the conduct tribunal in relation to the conduct Section 150DU
tribunal:-
(a) conducting a hearing about the misconduct of a councillor
under part 3, division 6; or
(b) at the request of the local government, investigating the
suspected inappropriate conduct of a councillor and making
recommendations to the local government about dealing with
the conduct
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Section 74
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to keep an up-to-date councillor conduct register, publish the Section 150DX
register on Council’s website and make the register available for
inspection and purchase by the public.
2. To exercise the powers of Council pursuant to the Local Government Regulation 2012.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to make available for inspection at its public office, a copy of the local Section 6(6)
government’s area map
Power to give an extract or certified copy of a local law from the local Section 14(2)
government’s register of local laws where the person has paid the applicable
fee.
Power to publish the register of local laws on Council’s website. Section 14(4)
Power to: Section 59
(a) construct, maintain, manage and regulate the use of harbours for small
vessels in or over tidal waters;
(b) construct, maintain, manage and regulate the use of jetties, breakwaters
and ramps in or over tidal waters; and
(c) to occupy and use foreshore, tidal land or tidal waters to undertake work
in exercising those powers.
Power to give notice of each meeting or adjourned meeting of Council to each Section 258
councillor.
Power to give written notice of the intention to propose the repeal or Section 262
amendment of a resolution.
Power to make available for inspection and purchase the minutes of each Section 272(4)
meeting (Council and committee meetings).
Power to allow a person to take part in a meeting (Council or committee Section 276(2) and
meetings) by teleconferencing and approve the teleconferencing (3)(b)
arrangement.
Power to publish the notice mentioned in subsection (1). Sections 277(1) and (2)
Power to display in a conspicuous place in Council’s public office a notice of Sections 277(3)
the days and time when Council meetings will be held and committee
meetings will be held.
Power to notify any change to the days and times of meetings (Council and Section 277(4)
committee meetings).
Power to make available for inspection and publish on Council’s website, the Section 277(5) and (6)
list of items to be discussed at a meeting (Council and committee meetings).
Power, in the circumstances set out in subsection 277D(1), to ensure the Section 277D(2)
meeting is available for real-time viewing or listening by the public at 1 of the
local government’s public offices or on the local government’s website.
Power to make a copy of the register of interests of councillors available for Sections 295
inspection by the public at Council’s public office and on its website.
Page 74 of 147
Section 75
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. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed, the
reference in this Instrument to the Former Delegated Position will be read as a reference
to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 75 of 147
Section 76
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERMENT ACT
PEOPLE AND PAYROLL
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Local Government Act 2009
Local Government Regulation 2012
Delegated Power:
1. To exercise the powers of Council pursuant to the Local Government Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
(THE ACT)
Power to:- Section 196(2)
(a) employ local government employees;
(b) agree to the terms and conditions of an employee’s employment
(including any variation to those terms); and
(c) terminate a local government employee’s employment.
This power does not include the power to appoint employees which is separately
dealt with under section 196(3) of the Act.
Power to agree with other local governments about the joint employment of Section 198
a local government employee.
Power, as a prescribed employee’s employer, to pay superannuation Section 219(1)
contributions payable for the employee into LGIAsuper.
Power, as a prescribed employee’s employer, to pay superannuation Section 219(2)
contributions payable for the employee into another fund directed by the
employee.
Power, as a local government other than the Brisbane City Council, to comply Section 219A
with a notice giving by the LGIAsuper Trustee under subsection 219A(1).
Power to pay a yearly superannuation contribution in the circumstances Section 220
prescribed in section 220.
Power, as a local government, to deduct all or part of the employee’s Section
contributions from the employee’s salary or any money that the employee 220A(4)
owes to Council.
Page 76 of 147
Section 77
DESCRIPTION OF POWER DELEGATED LEGISLATION
(THE ACT)
Power, in the circumstances set out in subsection 220B(1), to agree in writing Section
with an employee:- 220B(2)
(a) to reduce the pre-agreement contributions to the amount equal
to the employee’s concessional contributions cap for the financial
year; and
(b) if a yearly contribution made under section 220A(3) is part of the
pre-agreement contributions – on the extent, if any to which a
contribution mentioned in 220B(1)(a) of (b) will be reduced to
achieve the reduction.
Power, where the pre-agreement contributions are reduced under subsection Section
220B(2), to pay the amount of the reduction to the employee as salary. 220B(3)
Power, as an employer, to agree in writing with an employee:- Section 221(2)
(a) that the employee is exempt, on the grounds of the employee’s
financial hardship, from paying all or a stated part of the contributions
payable under section 220A(2) by the employee; and
(b) on the period, of not more than 1 year, of the exemption.
Power, as an employer, to give a copy of the agreement made under Section 221(4)
subsection 220(2) to the relevant trustee.
Power, as an employer who has received a notice from the employee under Section 222(3)
subsection 222(2), to calculate the yearly contributions payable for the
employee based on the employee’s salary before it was decreased.
Power, in the circumstances set out in subsection 224(1), to pay interest on Section 224(2)
the amount of the contribution to the relevant fund for the employee.
Power, as a local government (other than the Brisbane City Council), to, for Section 226(1)
its councillors:-
(a) establish and amend a superannuation scheme; or
(b) take part in a superannuation scheme..
Power, as a local government who has exercised its power under subsection Section 226(2)
226(1), to pay an amount from its operating fund to the superannuation
scheme as a contribution for its councillors.
Power to enter into an arrangement with a councillor under which – Section 226(4)
(a) the councillor agrees to forgo a percentage or amount of the
remuneration that the councillor is entitled to as a councillor; and
(b) the local government agrees to contribute the percentage or
amount to the superannuation scheme for the councillor.
Page 77 of 147
Section 78
2. To exercise the powers of Council pursuant to the Local Government Regulation 2012.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to pay remuneration to each councillor. Section 247(1)
Power, in the circumstance identified in subsection (1), to make a submission Section 248(2)
to the remuneration commission for approval to pay a councillor an amount
of remuneration of more than the maximum amount.
Power, as a former employer, to pay the new employer an amount for the Sections 287(1)
number days of long service leave that the person is entitled to take because
of the person’s period of employment with the former employer.
Power, as a former employer, to provide the new employer with the Sections 287(3)
information specified in subsection (3).
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.
3. In the event that there is a change to any Delegate Position as set out in the schedule of
this instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this
Instrument to the Former Delegated Position will be read as being a reference to the
position that then most closely resembles the Former Delegated Position.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 78 of 147
Section 79
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERNMENT ACT
RATES
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Local Government Act 2009
Local Government Regulation 2012
Delegated Power:
1. To exercise the powers of council pursuant to the Local Government Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Rates & Charges - Overdue
Power to register a charge over land for overdue rates and charges under Section 95
section 95 of the Local Government Act 2009.
Power to lodge documents with the Registrar of Titles for release of the Section 95
charge if overdue rates and charges are paid.
Power to sign a certificate as to a charge over land for overdue rates and Section 95(3)
charges.
2. To exercise the powers of local governmentCouncil under the Local Government
Regulation 2012.
including the:
DESCRIPTION OF POWER DELEGATED LEGISLATION
Rates & Charges
Power to identify, in any way considered appropriate, parcels of rateable Section 77(2)
land to which a minimum amount of general rates apply.
Power to identify, in any way considered appropriate, the rating category to Section 81(4)
which each parcel of rateable land in the local government area belongs.
Nb. this section is only required where Council is levying differential general
rates.
Page 79 of 147
Section 80
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to decide what rating category the land referred to in subsection (1) Section 82(2)
should be in.
Nb. this section is only required where Council is levying differential general
rates.
Power to ensure that each relevant rate notice is accompanied by, or Section 88(2)
contains, a rating category statement.
Nb. this section is only required where Council is levying differential general
rates.
Power to allow a longer period than prescribed for the owner of land to Section 88(4)(d)
object to the categorisation of the owner’s land for rating purposes. (ii)
Power to allow a longer period within which an owner of rateable land must Section 90(5)(b)
give an objection notice.
Power, in the circumstances referred to in subsection (1), to pay unspent Section 96(2)
special rates or charges to the current owners of the land on which the special
rates or charges were levied.
Nb. this section is only required where Council is levying special rates or charges.
Power, in the circumstances referred to in subsection (1), to pay unspent Section 97(2)
special rates or charges (in the proportions stipulated in subsection (3)) to the
current owners of the land on which the special rates or charges were levied.
Nb. this section is only required where Council is levying special rates or charges.
Power, in the circumstance referred to in subsection (1), to return paid Section 97(2)
special rates or charges to the person who paid them.
Power to levy rates or charges by a rate notice. Sections 104
Power to include on a rate notice an amount, other than an amount for rates Sections 105
or charges, payable to Council.
Power to determine a period considered appropriate for the issue of a rate Section 107(1)
notice.
Power to give a rate notice and, if required, a rating category statement, Section 108
electronically.
Power, where land becomes, or stops being, rateable land, to adjust the Section 110
rates so that the rates are calculated only on the period when the land was
rateable land.
Power, if the value of the land changes under the Land Valuation Act, to Section 111
adjust the rates so that the rates are calculated on the new value of the land
for the period that starts on the day the change takes effect.
Power, if the land is given a rating category, including a change of rating Section 112
category, to adjust the general rates so that the rates are calculated on the
Page 80 of 147
Section 81
DESCRIPTION OF POWER DELEGATED LEGISLATION
new or changed rating category for the period that starts on the day the land
was given the new or changed rating category.
Power, if the land becomes, or stops being, land on which the local Section 113
government may levy special rates or charges, to adjust the rates or
charges so that the rates or charges are calculated on the period when the
land was land on which the local government could levy special rates or
charges.
Power, in the circumstance of subsection (1), to adjust the rates or charges Section 114
so that the rates or charges are calculated only for the period when the
person was entitled to occupy the land.
Power, where rates or charges are paid before they are adjusted, to refund Section 115
the overpaid amount of rates or charges, or recover the amount of rates or
charges owing.
Power to levy rates or charges, or adjust a rates or charges levy in a Section 117
financial year, even though the resolution for making the rates or charges
was made for a previous financial year.
Power to accept an application from a ratepayer made under subsection Section 122(3)
(1)(a).
Power to be satisfied that a ratepayer is eligible for a concession granted Section 122(4)
pursuant to a resolution made under subsection (1)(b).
Power, in the relevant circumstances of section 123, to grant a rebate of Section 123
rates or charges for land occupied by pensioners.
Power, in the circumstances referred to in subsection (1), to refund the Section 124(2)
amount of the rebated rates or charges to the ratepayer.
Power to still allow a discount where satisfied that the ratepayer has been Section 130(10)
prevented, by circumstances beyond their control, from paying the rates or
charges in time to get the discount.
Power to give a benefit that is not a discount as an inducement for payment Section 131
of rates or charges before the due date for payment.
Power, for interest on overdue rates or charges, to decide a later day from Section 133(1)(a
which interest is payable. )
Power, for interest on overdue rates or charges, to decide another way to Section 133(2)(b
calculate interest, if an equal or lower amount will be payable. )
Power, for interest on overdue rates or charges, to, for a day before 1 July Section 133(3)(a
2019, decide the rate of interest payable. )
Power to recover overdue rates or charges by bringing Court proceedings Section 134
for a debt.
Page 81 of 147
Section 82
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give the State or government entity that has an interest in the land Section 138(3)
under a State encumbrance a notice of Council’s intention to sell the land.
Power, where Council has by resolution decided to sell the land, to give all Section 140(3)
interested parties a notice of intention to sell the land.
Power, where Council has been paid the amount of the overdue rates or Section 141(3)
charges, and all expenses that Council has incurred in attempting to sell the
land, to end the procedures for selling the land.
Power to carry out the procedures to sell land for overdue rates or charges. Section 142
Power to set a reserve price for the sale by auction of land for overdue rates Section 143(1)
and charges.
Power to enter into negotiations with the highest bidder at the auction to sell Section 143(2)
the land for overdue rates or charges and to form an agreement to sell the
land.
Power, in the circumstances set out in subsection (1), to give the registrar of Section 145(2)
titles an appropriate form.
Power to use the proceeds of sale of the land for the purposes and in the Section 146
order specified.
Power, where Council has by resolution decided to acquire the land for Section 149(2)
overdue rates or charges, to give all interested parties a notice of intention
to acquire the land.
Power, in the circumstances set out in subsection (1), to start the Section 150(2)
procedures to acquire land for overdue rates or charges.
Power, where Council has been paid the amount of the overdue rates or Section 150(3)
charges, and all expenses that Council has incurred in attempting to acquire
the land, to end the procedures for acquiring the land.
Power to carry out the procedures to acquire land for overdue rates or Section 151
charges.
Power to keep a land record. Section 154(1)
Power to include in a land record any other information considered Section 154(2)(e
appropriate. )
Power to provide access to or give copies of the land record kept by Council Section 155(4)
(including parts of the land record).
Power to record the details of the new owner in the land record. Section 162
Page 82 of 147
Section 83
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.
3. In the event that there is a change to any Delegate Position as set out in the schedule of
this instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this
Instrument to the Former Delegated Position will be read as being a reference to the
position that then most closely resembles the Former Delegated Position.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 83 of 147
Section 84
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERNMENT ACT
ROADS AND STORMWATER DRAINS
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Local Government Act 2009
Local Government Regulation 2012
Delegated Power:
1. To exercise the powers of Council pursuant to the Local Government Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Roads and Stormwater Drains
Power to exercise control of all roads in the local government area including the Section 60
ability to survey and resurvey roads, construct, maintain and improve roads,
approve the naming and numbering of private roads, and name and number other
roads.
Power to give the owner of land a notice of intention to acquire land. Section 61
Power to lodge the copy of a notice of intention to acquire land with the Registrar Section 61(6)
of Titles for registration on the instrument of title to the land.
Power to decide a claim for compensation for a notice of intention to acquire land. Section 62
Power to acquire land after service of notice of intention to acquire instead of Section 64
paying compensation for injurious affection.
Power to assess compensation for acquisition of land. Section 64
Power to serve notice of decision not to proceed to acquire land the subject of a Section 65(3)
notice of intention to acquire.
Power to withdraw notice of intention to acquire land. Section 65(4)
Power to lodge with Registrar of Titles for registration a notice of a decision not to Section 65(4)
proceed with, or to withdraw, notice of intention of realignment of road or part of
road.
Page 84 of 147
Section 85
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to assess and pay the owner of land reasonable compensation for Section 66
decrease in value of land because of decision not to proceed with realignment of
a road or part of a road after giving a notice of intention to acquire land and
structural improvements have been made on land that adjoins the road.
Power to acquire land that adjoins a road for use as a footpath. Section 67
Power to submit objection to application for opening or closing of road in local Section 68
government area by someone other than the local government.
Power to close a road (permanently or temporarily) to all traffic, or traffic of a Section 69(1)
particular class, if there is another road or route reasonably available for use by
the traffic.
Power to close a road to all traffic, or traffic of a particular class: Section 69(2)
(a) during a temporary obstruction to traffic; or
(b) if it is in the interests of public safety; or
(c) if it is necessary or desirable to close the road for a temporary purpose
(including a fair, for example).
Power to publish notice of closing of road. Section 69(3)
Power to do everything necessary to stop traffic using the road after it is closed. Section 69(4)
Power to permit the use of any part of a road after it is closed to traffic for a Section 69(5)
temporary purpose subject to appropriate conditions.
Power to make a temporary road through land adjoining the road to be used while Section 70(2)
the road is being remade or repaired.
Power to agree with owner or occupier of land regarding local government entry Section 70(3)
and the giving of written or oral notice as specified in section 70(3) and (4) of the and (4)
Local Government Act 2009.
Power to allow additional time to submit a claim for compensation in relation to a Section 70(6)
temporary road.
Power to agree with the owner of land the amount of compensation for physical Sections 70(7)
damage caused by local government entering, occupying or using land under and (8)
section 70 of the Local Government Act 2009.
Power to fix and advise the owner or occupier or change the permanent level of a Sections 71(1)
road under section 71 of the Local Government Act 2009. and (3)
Power to agree the amount of compensation payable under section 71 of the Section 71(4)
Local Government Act 2009.
Power to assess impact on roads of specified activities under section 72 of the Section 72
Local Government Act 2009.
Power, in the circumstances set out in subsection 72(1), to require the entity that Section 72(2)
is conducting the activity to provide information that will enable the local
government to assess the impact of the activity on the road.
Page 85 of 147
Section 86
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, in the circumstances set out in subsection 72(1), to assess impact of the Section 72(3)
activity on the roads.
Power to give the entity conducting an activity a direction about the use of the road Section 72(3)(
to lessen the impact or to require the entity to carry out works to lessen the impact a) and (b)
or to pay an amount as compensation for the impact.
Power to recover an amount of compensation payable under subsection Section 72(5)
72(3)(b)(ii) in a court.
Power to categorise the roads in the local government area according to the Section 73
surface of the road.
Power to prepare and keep up to date a map of every road including private roads Section 74(1)
in the local government area and a register of roads showing the category of every
road, the level of every road that has a fixed level and other particulars prescribed
under a regulation.
Power to approve the carrying out of works on a road or interference with a road Section 75
or its operation subject to conditions.
Power to, by written notice, require the owner of a property to connect a Section 77
stormwater installation for the property to the local government’s stormwater drain
in the way, under the conditions and within the time stated in the notice.
Power to give approval for the connection of a stormwater installation to the local Section 77
government’s stormwater drain (including the imposition of conditions) in
accordance with section 77 of the Local Government Act 2009.
Power to give a notice requiring the owner of a property to perform sewerage Section 78
installation works.
Power to perform work to fix damage and recover reasonable costs for the work Section 79
from a person who puts a prohibited substance in the stormwater drain.
Power to provide a ferry service across a water course under section 80B of the Section 80B
Local Government Act 2009 including the leasing of the right to provide the ferry
service.
2. To exercise the powers of Council pursuant to the Local Government Regulation 2012.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to enter into arrangements necessary to perform the joint responsibility of Section 64(3)
the local government where a road or other work is to be, or has been, built: Local
(a) along the boundary between two or more local government areas; and
partly in each of the areas.
Conditions of Delegation:
Page 86 of 147
Section 87
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.
3. In the event that there is a change to any Delegate Position as set out in the schedule of
this instrument (Former Delegated Position) which is not then reflected in this
Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this
Instrument to the Former Delegated Position will be read as being a reference to the
position that then most closely resembles the Former Delegated Position.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 87 of 147
Section 88
DELEGATION OF AUTHORITY
TITLE: PLANNING ACT 2016
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Planning Act 2016
Planning Regulation 2017
Development Assessment Rules
Delegated Power:
1. To exercise the Council’s powers pursuant to the Planning Act 2016
Description of Power Delegated LEGISLATION
Power to make submissions to the Minister about the making or amending Section 10
of a State Planning instrument.
Power to give notice of a proposed planning scheme or proposed Sections 18, 20 and
amendment to the chief executive and follow the process for making or 26
amending a planning scheme. For avoidance of doubt, the power
delegated includes the power to take all actions as detailed in sections 18,
20 and 26 and as required under a notice give by the chief executive or in
the Minister’s rules.
This delegation does not include any powers that are required to be
exercised by Council pursuant to a resolution of Council.
Power to apply a planning scheme as a categorising instrument in relation Section 19
to prescribed tidal works in the tidal area for Council’s local government
area
Power to follow the process for the making or amending of an LGIP as set Sections 21 and 26
out in the Minister’s rules. For avoidance of doubt, the power delegated
includes the power to take all actions as detailed in sections 21 and 26
and as required in the Minister’s rules.
This delegation does not include any powers that are required to be
exercised by Council pursuant to a resolution of Council.
Page 88 of 147
Section 89
Description of Power Delegated LEGISLATION
Power to follow the process for the making or amending of a planning Sections 22 and 26
scheme policy as set out in the Minister’s rules. For avoidance of doubt,
the power delegated includes the power to take all actions as detailed in
sections 22 and 26 and as required in the Minister’s rules.
This delegation does not include any powers that are required to be
exercised by Council pursuant to a resolution of Council.
Power to follow the process for the making or amending of a TLPI as set Sections 23 and 26
out in the Minister’s rules. For avoidance of doubt, the power delegated
includes the power to take all actions as detailed in sections 23 and 26
and as required in the Minister’s rules.
This delegation does not include any powers that are required to be
exercised by Council pursuant to a resolution of Council.
Power to follow the process for repealing a TLPI or planning scheme Section 24
policy. For avoidance of doubt, the power delegated includes the power to
take all actions as detailed in section 24.
This delegation does not include the power to decide to repeal the TLPI or
planning scheme policy which is required to be exercised by Council
pursuant to a resolution of Council (see subsection (1)).
Power to review a planning scheme and a LGIP and follow the process for Sections 25 and 26
the review as set out in the Minister’s rules. For avoidance of doubt, the
power delegated includes the power to take all actions as detailed in
sections 25 and 26 and as required in the Minister’s rules.
This delegation does not include any powers that are required to be
exercised by Council pursuant to a resolution of Council.
Power to decide whether or not to agree to a superseded planning Section 29
scheme request and give notice of the decision.
Power to decide a compensation claim. For avoidance of doubt, the Sections 32 and 33
power delegated includes the power to take all actions and consider all
matters detailed in sections 32 and 33.
Power to make or amend a designation and follow the process in the Sections 35, 36, 37
designation process rules. For avoidance of doubt, the power delegated and 38
includes the power to take all actions and consider all matters detailed in
sections 35, 36, 37, 38 and the designation process rules.
This delegation does not include any powers that are required to be
exercised by Council pursuant to a resolution of Council.
Page 89 of 147
Section 90
Description of Power Delegated LEGISLATION
Power, as an affected party, to make submissions about the proposal to Section 37(4)
the Minister.
Power to extend the duration of a designation. For avoidance of doubt, Section 39
the power delegated includes the power to take all actions as detailed in
section 39.
Power to repeal a designation made by Council. For avoidance of doubt, Sections 40 and 41
the power delegated includes the power to take all actions and consider all
matters as detailed in sections 40 and 41.
Power, as an owner of an interest in designated premises, to request a Section 41(1)
designator to repeal a designation made by the designator on the basis
that the designation is causing the owner hardship.
Power to include a note about the making, amendment, extension or Section 42
repeal of a designation in Council’s planning scheme. For avoidance of
doubt, the power delegated includes the power to take all actions as
detailed in section 42.
Power, as the assessment manger and where the circumstances of Section 45(8)
section 45(6) apply, to give the weight considered appropriate in the
circumstances to the documents referenced in section 45(8).
Power to give an exemption certificate for the development. For avoidance Section 46
of doubt, the power delegated includes the power to take all actions as
detailed in section 46.
Power to act as the “assessment manager” for all development Sections 48, 51, 53,
applications, change representations, cancellation applications and 54, 59, 60, 61, 62,
extension applications received by Council under Chapter 3 of the 63, 64, 65, 67, 71,
Planning Act 2016. For avoidance of doubt, the power delegated includes 75, 76, 84, 85, 86,
the power to take all actions of an assessment manager and consider all 87, 93, 100, 101,
matters as detailed in sections 48, 51, 53, 54, 59, 60, 61, 62, 63, 64, 65, 105, 107 and 109
67, 71, 76, 84, 85, 86, 87, 93 100, 101, 105, 107 and 109 of the Planning
Act 2016.
Power to keep a list of persons who are appropriately qualified to be an Section 48(3)(b)
assessment manager in relation to a particular type of development.
Power to enter an agreement with a person on Council’s list of persons Section 48(3)(d)
who are appropriately qualified to be an assessment manager in relation
to a particular type of development.
Power, as the owner of premises, to give written consent to the making of Section 51(2)
the development application.
Page 90 of 147
Section 91
Description of Power Delegated LEGISLATION
Power to act as a “referral agency” for all development applications and Sections 46, 54, 55,
cancellation applications received by Council as a referral agency under 56, 57, 65, 66, 67,
Chapter 3 of the Planning Act 2016. For avoidance of doubt, the power 84, 85 100, 107 and
delegated includes the power to take all actions of a referral agency and 109
consider all matters as detailed in sections 46, 54, 55, 56, 57, 65, 66, 67,
84, 85, 100, 107 and 109 of the Planning Act 2016.
Power to consult with the Minister about making or amending the Section 64(9)
instrument mentioned in subsection (8)(c).
Power to act as a “referral agency” for all development applications Sections 54, 55, 56,
received by Council as a referral agency under Chapter 3 of the Planning 57, 65, 66, 67, 84,
Act 2016. For avoidance of doubt, the power delegated includes the 85 100, 107 and
power to take all actions of a referral agency and consider all matters as 109
detailed in sections 54, 55, 56, 57, 65, 66, 67, 84, 85, 100, 107 and 109 of
the Planning Act 2016.
Power to act as a “responsible entity” for all change applications received Sections 79, 80, 81,
by Council as a responsible entity under Chapter 3 of the Planning Act 82, 83, 93 and 100,
2016. For avoidance of doubt, the power delegated includes the power to 105, 107 and 109
take all actions of a responsible entity and consider all matters as detailed
in sections 79, 80, 81, 82, 83, 93, 100, 105, 107 and 109 of the Planning
Act 2016.
Power to act as a “responsible entity” for all change applications received Sections 78A, 79,
by Council as a responsible entity under Chapter 3 of the Planning Act 80, 81, 81A, 81B,
2016. For avoidance of doubt, the power delegated includes the power to 82, 83, 93 and 100,
take all actions of a responsible entity and consider all matters as detailed 105, 107 and 109
in sections 78A, 79, 80, 81, 81A, 81B, 82, 83, 93, 100, 105, 107 and 109
of the Planning Act 2016.
Power to act as an “affected entity” for all change applications received by Section 80
Council as an affected entity under Chapter 3 of the Planning Act 2016.
For avoidance of doubt, the power delegated includes the power to take all
actions of an affected entity and consider all matters as detailed in section
80 of the Planning Act 2016.
Power to act as an “additional referral agency” for a change application Section 82A
where section 82A applies. For the avoidance of doubt, the power
delegated includes the power to take all actions of an additional referral
agency and consider all matters as detailed in section 82A of the Planning
Act 2016.
Power, as the owner of land, to give written consent to the cancellation Section 84(3)(b)(i)
application.
Power, as a public utility, to give written consent to the cancellation Section 84(3)(b)(iii)
application.
Power, as the owner of land, to give written consent to the extension Section 86(2)(b)(ii)
application.
Page 91 of 147
Section 92
Description of Power Delegated LEGISLATION
Power to note an approval referred to in subsection (1) on Council’s Section 89
planning scheme and give notice of the approval to the chief executive.
Power to comply with a direction given by the Minister. Section 93(2)
Power to make submissions in response to a proposed call in notice Section 102
received by Council.
Power, as the decision-maker, to give the Minister reasonable help. Section 105(3)
Power, as a participating local government for a distributor-retailer, to Section 115
enter a break-up agreement about the charges break-up and publish a
copy of the agreement on the local government’s website.
Power to carry out the steps required after making a charges resolution. Section 118
Power to give an infrastructure charges notice. For avoidance of doubt, Sections 119, 120,
the power delegated includes the power to take all actions and consider all 121 and 129
matters as detailed in sections 119, 120, 121 and 129.
Power, as a local government that gave an infrastructure charges notice, Section 123
to agree with the recipient about:-
whether the levied charge may be paid other than as required under
section 122, including whether it may be paid by instalments; and/or
whether infrastructure may be provided instead of paying all or part of the
levied charge.
Power, as a local government, to consider representations made on an Section 125
infrastructure charges notice and, issue a negotiated notice or give a
decision notice.
Power, as a local government with a LGIP that identifies adequate trunk Section 128(1)
infrastructure to service the subject premises, to impose a development
condition requiring either or both of the following to be provided at a stated
time:
the identified infrastructure; and/or
different trunk infrastructure delivering the same desired standard of
service.
Power, as a local government with a LGIP that does not identify adequate Section 128(2)
trunk infrastructure to service the subject premises, to impose a
development condition requiring development infrastructure necessary to
service the premises to be provided at a stated time.
Power, as a local government, to impose an extra payment condition. For Sections 130, 131,
avoidance of doubt, the power delegated includes the power to take all 132, 133, 134 and
actions and consider all matters as detailed in sections 130, 131, 132, 135
133, 134 and 135.
Power in the circumstances referred to in subsection (1) to, by notice Section 137
given to the applicant, amend the infrastructure charges notice.
Page 92 of 147
Section 93
Description of Power Delegated LEGISLATION
Power, as a local government, to consider and decide a conversion Sections 140, 141
application. For avoidance of doubt, the power delegated includes the and 142
power to take all actions and consider all matters as detailed in sections
140, 141 and 142
Power, as a local government, to agree with an applicant that a levied Section 144(2)
charge, for the purpose of its recovery, is not taken to be rates.
Power, as a local government, to impose a development condition about Section 145
non-trunk infrastructure.
Power, as a local government, to enter an infrastructure agreement. For Chapter 4, Part 4
avoidance of doubt, the power delegated includes the power to take all
actions and consider all matters as detailed in Chapter 4, Part 4.
Power, as an enforcement authority, to give a show cause notice. Section 167
Power, as an enforcement authority, to give an enforcement notice. Section 168
Power to consult with a private certifier before giving an enforcement Section 169
notice.
Power to give notice of the giving or withdrawal of an enforcement notice Section 170
to the chief executive.
Power to bring offence proceedings for an offence against the Act. Section 174
Power to consent to proceedings being brought on behalf of the Section 175(1)(a)
corporation.
Power, as an enforcement authority, to:- Section 176(10)
take the action required under the enforcement order; and
recover the reasonable cost of taking the action as a debt to the authority
from the defendant.
Power, as an enforcement authority in an offence proceeding, to apply for Section 178(1)(b)
an order for the payment of the expenses.
Power to the start proceedings in the P&E Court for an enforcement order. Section 180
Power, as an enforcement authority, to:- Section 180(13)
take the action required under the enforcement order; and
recover the reasonable cost of taking the action as a debt to the authority
from the respondent.
Power to apply to the P&E Court to cancel or change an enforcement Section 181(4)
order or interim enforcement order.
Power, as an enforcement authority in an offence proceeding, to apply for Section 214
a disposal order.
Page 93 of 147
Section 94
Description of Power Delegated LEGISLATION
Power to make a claim for compensation from the State where Council Section 221
incurs loss because of the exercise, or purported exercise, of a power by
or for an inspector.
Power as an appellant to start an appeal. Sections 229(2) and
230
Power as a respondent or co-respondent to be heard in an appeal. Section 229(4)
Power, where an appeal is only about a referral agency’s response, to Section 229(5)
apply to the tribunal or P&E Court to withdraw from the appeal.
Power to elect to be a co-respondent in an appeal. Section 230(6)
Power to start proceedings for a declaration by a tribunal. For avoidance Sections 239(1),
of doubt, the power delegated includes the power to take all actions 240 and 241,
detailed in sections 239(1), 240 and 241.
Power to give the registrar information that the registrar reasonably Section 246(2)
requires for the proceedings.
Power to appear as a party to a tribunal proceeding. Section 248
Power to make submissions to the tribunal. Section 249
Power to give notice to the Registrar once a tribunal’s direction or order Section 257
has been complied with.
Power to give an applicant the planning and development certificate Section 265
applied for.
Power to note the registration of premises on Council’s planning scheme. Section 267(13)
Power, as an owner of premises in an affected area, before entering into a Section 270
lease of the premises with a person, to give a notice that states :-
the premises are in an affected area; and
that restrictions may apply to the person in taking proceedings about
emissions from registered premises in the affected area.
Power to serve a document and give a copy of the document as permitted Section 275B
by section 275B.
Power to make an amendment of a type specified in subsection (1) by Section 293(5)
following the process set out in the rules. For avoidance of doubt, the
power delegated includes the power to take all actions as detailed in the
rules.
This delegation does not include any powers that are required to be
exercised by Council pursuant to a resolution of Council.
2. To exercise the Council’s powers pursuant to the Planning Regulation 2017.
Page 94 of 147
Section 95
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to extend the period mentioned in subparagraph (a). Section 12(b)
Power, as an assessment manager, to make the requested decision. Schedule 11,
Section 10(1)
Power, as an assessment manager, to give notice of the decision. Schedule 11,
Section 10(2)
Power, as an assessment manager, to give notice of the decision, Schedule 11 ,
including the reasons for the decision. Section 10(3)
Power, where the request complies with the criteria stated in section 2, to Schedule 18,
approve the request. Section 3(1)
Power to give notice of the approval to the person making the request. Schedule 18,
Section 3(2)
Power to keep the documents listed in subsection (1) available for Schedule 22,
inspection and purchase. Section 1
Power to keep the documents listed in subsection (1) available for Schedule 22,
inspection only. Section 2
Power to publish the documents listed in subsections (1) and (4) on Schedule 22,
Council’s website. Section 3
Power, in the circumstances prescribed in Schedule 22, Section 3A, to Schedule 22,
publish the documents listed in subsections (2), (4) and (5) on Council’s Section 3A
website.
Power, in the circumstance prescribed in Schedule 22, Section 3B(1), to Schedule 22,
keep available for inspection and purchase a document that includes the Section 3B
trunk infrastructure information the local government publishes on its
website from time to time under section 3A(4) or (5).
Power, as an assessment manager, to keep the documents listed in Schedule 22,
subsections (1) and (2) available for inspection and purchase. Section 5
Power, as an assessment manager, to keep the documents listed in Schedule 22,
subsection (1) available for inspection only. Section 6
Power, as an assessment manager, to publish the documents listed in Schedule 22,
subsections (1) and (4) on Council’s website. Section 7
Power, as a referral agency, to keep the documents listed in subsections Schedule 22,
(a) to (d) available for inspection and purchase. Section 8
Power, as a referral agency, to keep a register for all development Schedule 22,
applications and change applications given to the referral agency under Section 9
section 54 of the Act and to make it available for inspection only.
Power, as a referral agency, to publish the documents listed in Schedule 22,
subsections (a) to (d) on Council’s website. Section 10
Page 95 of 147
Section 96
3. To exercise the Council’s powers pursuant to the Development Assessment Rules.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an assessment manager, to determine if the application is a Section 1.2
properly made application.
Power, as an assessment manager, to give a confirmation notice. Section 2.3
Power, as an assessment manager, to give an action notice. Section 3.1
Power, as an assessment manager, to agree to a further period for the Section 3.2
applicant to comply with all actions in the action notice and give notice to
the assessment manager that it has complied.
Power, as an assessment manager, to give a confirmation notice if the Section 3.4
applicant has complied with the action notice.
Power, as an assessment manager, to accept the application as a Section 3.5
properly made application after giving an action notice.
Power, as an assessment manager, to agree on a further period for giving Section 3.6(b)
a confirmation notice.
Power, as an assessment manager, to agree to a further period for the Section 5.1
applicant to give a copy of the application to a referral agency.
Power, as a referral agency, to determine if the application is a properly Section 6.2
referred application.
Power, as a referral agency, to give a referral confirmation notice. Section 7.1
Power, as a referral agency, to give the applicant an action notice Section 8.1(a)
Power, as a referral agency, to give a copy of the action notice to the Section 8.1(b)
assessment manager.
Power, as a referral agency, to agree to a further period for the applicant Section 8.2
to comply with all the actions in the action notice.
Power, as a referral agency, where the applicant has complied with all the Section 8.2(b)
actions in the action notice, to give a referral confirmation notice to the
applicant and a copy to the assessment manager.
Power, as a referral agency, to give the assessment manager notice that Section 8.3(b)
the application is taken to have not been referred.
Power, as a referral agency, to agree to a further period for the referral Sections 9.2(a) and
agency assessment period. (b)
Power, as an assessing authority, to agree to receive further information Section 11.2
from the applicant during the development assessment process.
Power, as an assessing authority, to make an information request. Section 12.1
Page 96 of 147
Section 97
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an assessment manager, to agree to a further period in which Section 12.2
to make the information request.
Power, as a referral agency, to agree to a further period in which to make Section 12.4
the information request.
Power, as an assessing authority, to give the applicant advice about an Section 12.5
information request or any other matter, including how the applicant may
change the application.
Power, as an assessing authority, to agree to a further period for the Section 13.1
applicant to respond to the information request.
Power, as an assessment manager acting under section 53(10) of the Act Sections 17.1, 17.3
to comply with the public notice requirements. and 17.4
Power, as an assessment manager, to agree to a further period for the Section 18.1
applicant to give notice of compliance with the public notice requirements.
Power, as an assessment manager, to accept properly made submissions Section 19.1
and not properly made submissions.
Power, as an assessment manager, to agree to a further period to Section 19.3
consider the submissions.
Power, as the assessment manager, to agree to a further period to assess Section 22.1(a)
and decide the application.
Power, as the assessment manager, to:- Section 25.1
(a) give a copy of the notice to each referral agency for the original
application and any other referral agency required to be given
referral; and
(b) advise each referral agency, with a copy to the applicant, of the
effect of the change on the development assessment process.
Power, as the assessment manager, to determine whether the change:- Section 26.1
(a) only deals with a matter raised in a properly made submission for
the application; or
(b) is in response to an information request for the application; or
(c) is in response to further advice provided by an assessing authority
about the application.
Power, as the assessment manager, to give the applicant a confirmation Section 26.2(a)(i)
notice where part 4 applies to the changed application and part 4 did not
apply to the original application.
Power, as the assessment manager, to determine whether the change:- Section 26.2(b)
(a) would be likely to attract a submission objecting to the thing
comprising the change if public notification were to apply to the
change;
(b) only addresses a matter raised in a properly made submission.
Page 97 of 147
Section 98
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the assessment manager, to give notice to the applicant that Section 26.2(c)
public notification is required under section 26.2(b) and that it must be
carried out in accordance with section 16.4.
Power, as a referral agency, despite section 11.1, to make an information Section 26.5
request as a result of a referral under section 26.
Power, as an assessing authority, despite section 11.1, to make an Section 27.2
information request about the change.
Power, as the assessment manager, to determine whether the change Section 27.3
would be likely to attract a submission objecting to the thing comprising
the change, if public notification were to apply to the change.
Power, as a concurrence agency, after the referral agency assessment Section 28.1
period and any further periods has ended, to change its referral agency
response or give a late referral agency response before the application is
decided.
Power, as a concurrence agency, to give notice of its intention to change Section 28.4(a)
its referral agency response to the assessment manager and the
applicant.
Power, as a concurrence agency, to agree to a further period for the giving Section 28.4(b)
of an amended referral agency response.
Power, as a party to the application, to give notice to each other party that Section 29.2
the applicant has not referred the application in accordance with section
54(1) of the Act.
Power, as a referral agency, despite section 11.1, to make an information Section 29.6
request as a result of a referral under section 29.
Power, as a party who initiated an extension under the DA rules, to give a Section 33.1
copy of the agreement to any other party to the application.
Power, as an assessment manager or as a concurrence agency for the Section 34.1
application, to ask any third party for third party advice.
Power, as an assessment manager or as a concurrence agency for the Sections 35.1 and
application, to give further advice about the application to the applicant, 35.2
including how the applicant may change the application.
Power, as an assessment manager, to give a notice to the applicant Section 38.2
extending the decision period until a day no later than 10 days after the
end of the caretaker period.
Conditions of the Delegation:
1. The Delegated Officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
Page 98 of 147
Section 99
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 Planning Act 20016
for an application other than the following:
a) an application for a variation request mentioned in section 61 of the
Planning Act 2016 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 for change representations, and change applications to change or delete
conditions that were imposed by Council at an Ordinary Meeting or a Special Meeting;
e) and an application for a proposed development of significant community interest.
However, the delegated officer may exercise the powers of the local government under the
Planning Act 2016 for an application where the application has the potential for 'deemed approval'
in accordance with section 64 of the Act.
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 99 of 147
Section 100
DELEGATION OF AUTHORITY
TITLE: PLUMBING AND DRAINAGE
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Plumbing and Drainage Act 2002
Standard Plumbing and Drainage Regulation 2003
Plumbing and Drainage Act 2018
Plumbing and Drainage Regulation 2018
Delegated Power:
1. To exercise the powers of the council pursuant to the Plumbing and Drainage Act 2018.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to approve a maximum temperature for a substance to be a prohibited Section
substance for section 75. 75(4)(e)
Power to approve the disposal of the contents of a greywater treatment plant Section 77
into the sewerage system for the area in which the plant is located.
Power, where an explanatory statement given under section 83 states that Section
Council may contact an occupier to arrange inspection of the work, to contact 83(7)(c)
the occupier.
Power to start a prosecution for an offence against the Act. Section 90
Power, generally, to administer the Act within Council’s local government Section 135
area.
Power to administer the Act those areas not under Council’s control that it Section 135(4)
has been requested to administer by the entity that has control of the area.
Power to monitor greywater use facilities in Council’s local government area. Section 136
Power to monitor an on-site sewerage facility in Council’s local government Section 137
area.
Power to appoint an authorised person as an inspector under this Act, with Section 139(1)
or without conditions.
Power to notify the QBCC commissioner of the appointment of an inspector Section 142
and give the commissioner a list of Council’s inspectors.
Page 100 of 147
Section 101
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give an enforcement notice to a person who carried out plumbing Section 143(1)
or drainage work requiring the person to take stated action.
Power to give an enforcement notice to an owner of premises requiring the Section 143(3)
owner to take stated action.
Power to give a show cause notice to a person who Council proposes to give Section 144(1)
an enforcement notice.
Power to form the reasonable belief that the plumbing or drainage is a danger Section 144(2)
to persons or a risk to public health.
Power to receive written submissions from a person given a show cause Section
notice. 144(3)(b)
Power to form the reasonable belief that it is not possible or practical to take Section 145(2)
steps stated in section 145(2).
Power to consider written submissions from a person given a show cause Section
notice. 146(2)(b)
Power to give an action notice if provided for in a regulation. Section 150
Power to recover costs from the owner of premises for costs incurred in Section
carrying out plumbing or drainage work on the premises if provided for in a 157(2)(m)
regulation.
Power to keep a register if provided for in a regulation. Section
157(2)(n)
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 Section 83
compliance 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.
Page 101 of 147
Section 102
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to respond to a compliance request for compliance assessment of a Section 85
plan for compliance assessable work, including requesting further
information, deciding the request, imposing reasonable and relevant
conditions and giving or refusing to give the compliance permit.
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)a) 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 including giving or refusing to give the compliance certificate.
Power to decide not to assess on-site sewerage work if an approved person Section 86(6)
for 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 permitted certificate 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 , (5) and (8)
86A(1)(b) applies and to give the compliance certificate or refuse to give the
compliance certificate and issue an information notice.
Power to give a copy of a compliance certificate for compliance assessable Section 86A(6)
work 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.
Page 102 of 147
Section 103
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 Section 86G
is 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 Section
the completion of notifiable work. 87(3)(a)
Power to assess notifiable work that has been completed following the giving Section 87(8)
of 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.
Power to appoint those individuals that have the qualifications and Section 107(1)
experience 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 Section 107(2)
and 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 Section 109
107 of the Plumbing and Drainage Act 2002.
Power to issue show causes notices before a local government gives a Sections 115
person 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 Section 116(1)
the owner to do a stated thing.
Power to issue an enforcement notice to a person who has performed Section 116(2)
plumbing or drainage work requiring the person to do a stated thing.
Page 103 of 147
Section 104
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give an enforcement notice to the owner or occupier of the premises Section
to install a backflow prevention device. 117(2)(a)
Power to give an enforcement notice to the owner or occupier of the premises Section
to register a backflow prevention device that is required to be registered 117(2)(b)
under the Standard Plumbing and Drainage Regulation 2003.
Power to give an enforcement notice to the owner or occupier of the premises Section
to have a backflow prevention device inspected, tested and if necessary 117(2)(c)
repaired 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- Section 127A
water treatment plant.
Power to authorise a person to dismantle or take away all or part of an on- Section 128
site 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- Section
site sewerage facility that has not been installed only for testing purposes. 128P(2)
Power to approve the disposal of effluent from an on-site sewerage facility Section
that has not been installed only for testing purposes. 128P(4)
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.
2. To exercise the powers of the Council pursuant to the Plumbing and Drainage Regulation
2018.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to apply to the chief executive for a treatment plant approval. Section 16(1)
Power to apply to the chief executive to amend a treatment plant approval. Section 16(2)
Page 104 of 147
Section 105
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give the chief executive the information asked for under Section 17(3)
subsection (2).
Power, as the new holder, to give the chief executive notice of the transfer Section 24(2)
in the approved form.
Power to comply with a notice issued by the chief executive under Section 26(2)
subsection (1)
Power, as the owner of premises, to consent to the entry of the premises to Section 27(c)
carry out the inspection of the treatment plant.
Power, as the holder of a treatment plant approval, to make written Section 29(1)
representations about the show cause notice to the chief executive.
Power, as the holder of an existing treatment plant approval, to apply to the Section 34(1)
chief executive to renew the approval.
Power, where Council makes a fast-track work declaration or fast-track opt- Section 41
out declaration, to:-
(a) publish the declaration on Council’s website;
(b) give a copy of the declaration to the chief executive;
(c) if Council is a participating local government for a distributor retailer
– give a copy of the declaration to the distributor retailer;
(d) ensure a copy of the declaration may be inspected, free of charge, at
Council’s public office.
Power, in a circumstance listed in subsection (1), to give the applicant an Section 45(2)
information request.
Power to consider each properly made application and decide to:- Section 46
(a) approve the application with or without conditions; or
(b) refuse the application.
Power, where Council decides to approve an application, to:- Section 48
(a) issue a permit, or an amended permit, to the applicant; and
(b) give a copy of the permit, or amended permit, to each entity listed in
subsection (b).
Power, in a circumstance listed in subsection (1), to give an information Section 50(2)
notice about the decision.
Power to give written consent for an application relating to SEQ water work. Section
53(e)(i)
Power to give written consent for an application relating to SEQ sewerage Section 53(f)(i)
work.
Page 105 of 147
Section 106
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, where Council has issued a permit and has not given a final Section 59(3)
inspection certificate for the work carried out under the permit at least 3
months before the permit is to end, to give notice of the day the permit is to
end to the entities listed in subsection (3).
Power in the circumstances listed in the subsection (1), to allow the Section 67(2)
responsible person to give a covered work declaration for the work.
Power to inspect the work if the public sector entity asks Council to inspect Section 68(3)
the work under subsection (2).
Power to, instead of inspecting on-site sewage work, allow an appropriate Section 69(2)
person to give Council an on-site sewage work declaration.
Power, where Council has passed a resolution under subsection (1), to:- Section 71(2)
(a) publish each declaration on its website;
(b) give the chief executive a copy of the declaration;
(c) ensure the declaration may be inspected, free of charge, at the local
government’s public office; and
(d) ensure each remote area declaration includes a map identifying the
remote area.
Power, in the circumstances identified in subsection (1), to decide to:- Section 73(2)
(a) accept the remote area compliance notice; or
(b) otherwise, refuse to accept the notice.
Power, in the circumstances identified in subsection (1) and where Council Section 73(3)
has made a decision under subsection (2), to give the responsible person a
decision notice.
Power, in the circumstances identified in subsection (1) and where Council Section 73(4)
has refused to accept the remote area compliance notice, to ensure the
decision notice includes, or is accompanied by, an information notice.
Power, where Council is taken to have decided to refuse to accept the remote Section 73(6)
area compliance notice, to give an information notice about the decision.
Power, in the circumstances identified in subsection (1), to amend the Section 75(2)
approved plan so that it correctly represents the work carried out under the
permit.
Power to give an inspection certificate for the work to the responsible person Section 83(1)
for the work.
Power to give a final inspection certificate for the work to the responsible Section 84(1)
person for the work.
Power to give a copy of the final inspection certificate to the entities listed in Section 86(1)
subsection (1).
Power, where Council receives a notice under subsection (2), to comply with Section 86(3)
the notice.
Page 106 of 147
Section 107
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, where Council is taken under subsection (2) to have decided to refuse Section 87(3)
to give an inspection certificate or final inspection certified, to give an
information notice about the decision.
Power, where Council considers that a responsible person has not complied Section 98(3)
with the action notice, to give a copy of the notice to the owner of the
premises.
Power to establish a program for:- Section 101
(a) registering each testable backflow prevention device installed at
premises in Council’s area;
(b) monitor the maintenance and testing of each device.
Power, in the circumstances listed in subsection (1), to:- Section 107(2)
(a) remove the obstruction or fix the damage; and
(b) fairly apportion the reasonable cost of removing the obstruction or
fixing the damage between the owners; and
(c) recover as a debt from each owner, the owner’s share of the cost.
Power, in the circumstances listed in subsection (1), to require by notice to Section 108(2)
the owner of the old building and the owner of the new building:-
(a) the owner of the old building to change the affected vents; and
(b) the owner of the new building to pay the owner of the old building the
reasonable cost of changing the affected vents.
Power to keep a register containing each document listed in subsection (1). Section 112
Power to keep a register containing each notice given to Council under Section 113
section 102(2) or 103(3).
Power to keep a register containing each service report for a greywater use Section 114
facility or on-site sewage facility given to Council under section 106.
Power to keep a register containing a copy of each show cause notice and Section 115(1)
enforcement notice given by Council.
Power to remove a notice mentioned in subsection (1) from the register if the Section 115(2)
premises to which the notice relates are demolished or removed.
Power, in relation to each register kept under part 8, division 2, to allow a Section 116
person to:-
(a) inspect the register, free of charge, at Council’s public office; or
(b) buy a copy of an entry in the register for not more than the reasonable
cost of producing the copy.
2. To exercise the powers of the Council pursuant to the Standard Plumbing and Drainage
Regulation 2003.
Page 107 of 147
Section 108
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 Section
relation to the testing of a proposed grey water use facility. 14B(c)(ii)
Power to request other information that the local government requires in Section
relation 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 Section 15
on-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 Section 18
assessable 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 Section 27
compliance assessable work carried out in a remote area.
Power to accept a notice of compliance under section 86A(3)(a) of the Act Section 29
from a person other than the person who performed the work.
Power to agree to assess, and assess, notifiable work for compliance with Section 29A
the 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 Section 29B(6)
notice
Power to approve the continued use of a plumbing or drainage item that is Section 30
not 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 Section 32
unsuitable for a particular use) may:
(a) not be installed or used; or
(b)(a) 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.
Page 108 of 147
Section 109
DESCRIPTION OF POWER DELEGATED LEGISLATION
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)(a) the premises main to supply directly each fire service within the
premises.
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)(a) 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 Section 35
to be 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, Section 38
maintenance 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 Section 44
pipe.
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)(a) 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 Section 47
of 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)(a) 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.
Page 109 of 147
Section 110
DESCRIPTION OF POWER DELEGATED LEGISLATION
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.
1. To exercise the powers of Council as a delegated officer pursuant to the Plumbing and
Drainage Act 2002
DESCRIPTION OF POWER DELEGATED LEGISLATION
NOTE: No power to delegate CEO’s powers included in the Plumbing and
Drainage Act 2002. Section 259 of the LGA sufficient.
Section 27A (12) of the Acts Interpretation Act 1954 would prevent sub-
delegation.
Power to sign a notice containing conditions limiting an inspector’s powers Section 108
under the Plumbing and Drainage Act 2002.
2. To exercise the powers of Council as a delegated officer pursuant to the Standard Plumbing
and Drainage Regulation 2003
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to decide that a plan for compliance assessable work or on-site Section 15
sewerage work includes a part of the work that is outside the local
government’s expertise to assess.
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.
3. In the event that there is a change to any Delegate Position as set out in the schedule
of this instrument (Former Delegated Position) which is not then reflected in this
Instrument:
a. for any Former Delegated Position that remains in existence and has been
renamed, the reference in this Instrument to the Former Delegated Position will be
read as a reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this
Instrument to the Former Delegated Position will be read as being a reference to
the position that then most closely resembles the Former Delegated Position.
Page 110 of 147
Section 111
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 111 of 147
Section 112
DELEGATION OF AUTHORITY
TITLE: PUBLIC HEALTH
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 Section 257
Public Health Act 2005
Public Health Regulation 2005
Delegated Power:
1. To exercise powers of the Council pursuant to the Public Health Act 2005.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce the Act regarding local government public Section 13
health risks and a regulation made under section 61 stating that the
regulation is to be administered and enforced by local governments only.
Power, as an issuing authority, to apply to a magistrate for an order enforcing Section 24(2)
a public health order (an enforcement order).
Power, as an issuing authority, to enter a place to take steps to remove or Section 27(2)(b)
reduce the risk to public health from the public health risk or prevent the risk
to public health from recurring, if ordered by a magistrate.
Power, as an issuing authority, to recover the amount, plus interest, a person Section 31
has been ordered to pay under an enforcement order as an overdue rate
payable to Council under the Local Government Act 2009.
Power to lodge a request to register with the registrar of titles, in the Section 32
appropriate form over the land, an unpaid amount, including interest, that is
payable to Council under an enforcement order relating to a public health risk
on land owned by a person as a charge on the land.
Power to consult with the chief executive before the chief executive Section 36(5)
authorises a prevention and control program which relates to Council’s local
government area.
Power, as a water service provider1, to inform the authorised person that Section 57B
Council believes that it has complied with an improvement notice issued
under this division.
1 Excludes SE Qld Councils
Page 112 of 147
Section 113
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to enter into an agreement with the chief executive for the disclosure Sections
of confidential information. 84(1)(b)(i) and
(2)(a), 226(1)(b)(i)
and (2)(a),
244(1)(b)(i) and
(2)(a), and
269(1)(b)(i) and
(2)(a)
Power, as an issuing authority, to enter the place, at reasonable times, to Section 388(2)
take the steps stated in a public health order where the person has failed to
comply the order.
Power, as an issuing authority, to give the occupier and owner of a place a Section 393(2)
notice required under the section, where an authorised person intends to
enter the place to take steps required under a public health order.
Power, as an issuing authority, to recover the amount payable, including Section 406
interest, of the reasonable costs and expenses incurred by Council in
exercising powers under section 388 or 405 as an overdue rate payable to
Council under the Local Government Act 2009.
Power, as an issuing authority, to lodge with the registrar of titles, in the Section 407
appropriate form over the land, a request to register an unpaid amount,
including interest, that is payable to Council for steps taken by it on land
owned by a person as a charge on the land.
Power, as an owner of a thing seized by an authorised person, to inspect the Section 415
thing and, it if is a document, to copy it.
Power to apply to the court for an order against a person convicted of an Section 443(1)(b)
offence against the Act for the payment of the costs Council has incurred in
taking a thing or doing something else during the investigation of the offence.
Power to deal with a thing forfeited as Council considers appropriate, Section 446
including destroying the thing.
Power, as an owner of a thing forfeited to a relevant entity under section Section 450
413(1), to appeal against a decision resulting in the forfeiture of the thing.
Power to recover contribution from a prescribed person. Section 454B(3)
Power to comply with the indemnity conditions in relation to each asbestos- Section 454C(2)
related event to which the official conduct relates.
Power to give notice of the proceeding to the State. Section 454CA(2)
Power to ensure each authorised person who exercises powers under the Section 454G
Act in relation to an asbestos-related event has satisfactorily completed the
training prescribed by regulation.
Power to keep the records prescribed in subsections 454I(1), (2) for each Section 454I
asbestos-related event.
Page 113 of 147
Section 114
2. To exercise powers of the Council pursuant to the Public Health Regulations 2005.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce Part 1A, Divisions 1, 2 and 3. Sections 2C, 2M,
and 2T
Power to administer and enforce Part 2, Divisions 1, 2 and 3. Sections 6, 16,
and 22
Power to approve a site for the disposal of asbestos waste. Section 122I(2)(c)
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.
3. In the event that there is a change to any Delegate Position as set out in the schedule of
this instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this
Instrument to the Former Delegated Position will be read as being a reference to the
position that then most closely resembles the Former Delegated Position.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 114 of 147
Section 115
DELEGATION OF AUTHORITY
TITLE: PUBLIC INTEREST DISCLOSURES
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Public Interest Disclosure Act 2010
Delegated Power:
1. To exercise the powers of Council pursuant to the Public Interest Disclosure Act 2010.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to: Section 30(1)
(a) decide not to investigate or deal with a public interest and (2)
disclosure in certain circumstances; and
(b) give written reasons for a decision not to investigate.
Power to refer a disclosure to another public sector entity in certain Section 31(1)
circumstances. and (2)
Power to give a person making a disclosure, or an entity referring a Section 32(1)
disclosure, reasonable information about the disclosure. and (2)
2. To exercise the powers of Council as a delegated officer pursuant to the Public Interest
Disclosure Act 2010.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to receive a public interest disclosure where the local government Section 17(3)(a)
is a proper authority for the purposes of section 15 of the Public Interest
Disclosure Act.
Page 115 of 147
Section 116
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to establish reasonable procedures to ensure that: 28 (a) to (e)
(a) public officers making public interest disclosures receive appropriate
support;
(b) public interest disclosures are appropriately assessed, investigated
and dealt with and appropriate action is taken;
(c) appropriate action is taken about any wrongdoing disclosed;
(d) a compliant management program standard is developed; and
(e) public officers are offered protection from reprisal from other public
officers in the local government.
Power to ensure that a proper record is kept about disclosures received Section 29(1)
by the public sector entity. and (2)
Power to review a decision not to investigate upon request from the Section 30(3)
person receiving written reasons for the decision.
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.
3. In the event that there is a change to any Delegate Position as set out in the schedule of
this instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this
Instrument to the Former Delegated Position will be read as being a reference to the
position that then most closely resembles the Former Delegated Position.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 116 of 147
Section 117
DELEGATION OF AUTHORITY
TITLE: RIGHT TO INFORMATION
Part 1 - Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Right to Information Act 2009
Delegated Power:
1. To exercise the powers of Council pursuant to the Right to Information Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to disclose information under a publication scheme, without limiting Section 22
another way Council may disclose information.
Power to give access to a document created after the application is received Section 27(2)
but before notice is given under section 54.
Power to search for a document from a backup system if Council considers the Section 29(2)
search appropriate.
Power to appoint an appropriately qualified healthcare professional to make a Section
healthcare decision in relation to an access application. 30(5)(b)
Power to: Section 35
(1) ask the applicant for a further specified period to consider the
application;
(2) make additional requests for further specified periods under subsection
(1); and
(3) continue to consider the application and make a considered decision in
relation to it only if—
(a) Council has asked the applicant for a further specified period under
subsection (1); and
(b) the applicant has not refused the request; and
(c) Council has not received notice that the applicant has applied for
review under this Act.
Power to make an agreement with the applicant to extend the prescribed period. Section 36(7),
“prescribed
period”
Page 117 of 147
Section 118
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give access to a document that contains information the disclosure of Section 37 (1)
which may reasonably be expected to be of concern to a government, agency
or person (the relevant third party) only if Council has taken steps that are
reasonably practicable—
(a) to obtain the views of the relevant third party about whether—
(i) the document is a document to which this Act does not apply; or
(ii) the information is exempt information or contrary to public interest
information; and
(b) to inform the relevant third party that if access is given to the document
because of an access application, access may also be given to the
document under a disclosure log.
Power to decide that: Section
(a) a document to which section 37(1) applies is a document to which the 37(3)(b)
Act does not apply; or
(b) information in a document referred to in (a) is not exempt information or
contrary to public interest information
Power to transfer the application to another agency if— Section 38(2)
(a) the document to which the application relates is not in Council’s
possession but is, to Council’s knowledge, in the other agency’s
possession; and
(b) the other agency consents to the transfer.
Power to deal with an access application even if this Act provides that the Section 39(3)
Council may refuse to deal with the application.
Power to refuse to deal with the access application without having identified any Section 40
or all of the documents if—
(a) an access application is expressed to relate to all documents, or to all
documents of a stated class, that contain information of a stated kind or
relate to a stated subject matter; and
(b) it appears to Council that all of the documents to which the application
relates are comprised of exempt information.
Power to refuse to deal with an access application or, if Council is considering Section 41(1)
2 or more access applications by the applicant, all the applications, if Council
considers the work involved in dealing with the application or all the applications
would, if carried out, substantially and unreasonably divert the resources of the
Council from their use by Council in the performance of its functions, provided
that the conditions set out in section 42(1) have been complied with.
Power to make an agreement with an applicant to extend the prescribed Section
consultation period. 42(6)(b)
Power to refuse to deal with the later application to the extent it is for access to Section 43(3)
a document or documents sought under the first application if—
Page 118 of 147
Section 119
DESCRIPTION OF POWER DELEGATED LEGISLATION
(a) when the later application was made, Council had not decided the first
application; or
(b) in relation to the first application, if made under this Act—
(i) the applicant had been given notice under section 54 that access
was to be given to the document sought or to some or all of the
documents sought; or
(ii) Council had decided that the application was for a document to which
this Act does not apply; or
(iii) Council had decided the document or documents sought were
documents access to which was refused under section 47; or
(iv) Council had refused to deal with it under this part; or
(c) in relation to the first application, if made under the Information Privacy
Act—
(i) the applicant had been given notice under section 68 of that Act that
access was to be given to the document sought or to some or all the
documents sought; or
(ii) Council had decided that the application was for a document to which
chapter 3 of that Act does not apply; or
(iii) Council had decided t the document or documents sought were
documents access to which was refused under section 67 of that Act;
or
(iv) Council had refused to deal with it under chapter 3, part 4 of that Act;
or
(d) Council’s decision on the first application—
(i) is the subject of a review and the review is not complete; or
(ii) has been the subject of a completed review (other than an internal
review).
Power to refuse access to a document of the Council. Section 47(3)
Power to decide whether disclosure of a document would, on balance, be Sections
contrary to the public interest 48(1), 49(1),
50(1), and
51(1)
Power to give access to all or part of a document despite Council’s power under Section 48(3)
section 47(3)(a) to refuse access to all or part of the document.
Power to give access to all or part of a document despite Council’s power under Section 49(5)
section 47(3)(b) to refuse access to all or part of the document.
Power to give access to all or part of a document despite Council’s power under Section 50(4)
section 47(3)(c) to refuse access to all or part of the document.
Power to give access to all or part of a document despite Council’s power under Section 51(3)
section 47(3)(d) to refuse access to all or part of the document.
Power to satisfy itself in dealing an application for access to a document that is Section 52(1)
nonexistent or unlocatable, that—
Page 119 of 147
Section 120
DESCRIPTION OF POWER DELEGATED LEGISLATION
(a) the document does not exist; or
(b) the document has been or should be in Council’s possession, and all
reasonable steps have been taken to find the document but the
document cannot be found.
Power to give a prescribed written notice, with regards to an access application Section 55 (2)
for a document containing prescribed information, that does not include details and (3)
mentioned in section 191(a) or (b), and in a schedule of relevant documents.
Power to waive a processing charge, or access charge, for an access Section 64(1)
application if Council considers that the likely associated costs to Council would
be more than the likely amount of the charge.
Power to give access to a document in one or more of the prescribed forms in Section 68(1)
section 68(1).
Power to refuse to give access to documents in a form requested by the Section 68(4)
applicant and give access in another form in the circumstances specified in
section 68(4).
Power to give access to a document in another form agreed to by the applicant Section 68(8)
Power to allow an additional period during which a person may access a Section 69(2)
document.
Power to defer giving access to a document for a reasonable period if the Section 72(1)
document was prepared—
(a) for presentation to the Assembly or a committee of the Assembly; or
(b) for release to the media; or
(c) solely for inclusion, in the same or an amended form, in a document to
be prepared for a purpose mentioned in paragraph (a) or (b);
and the document is yet to be presented or released, or included in a document
to be presented or released, as the case may be.
Power to delete irrelevant information from a copy of a document and give Section 73
access to the document by giving access to a copy of the document with the
irrelevant information deleted, only if Council considers the applicant would
accept the copy and it is reasonably practicable to give access to the copy.
Power, subject to section 55, to give access to a document containing exempt Section 74
information if it is practicable to give access to a copy of the document from
which the exempt information has been deleted and it appears to Council that
the applicant would wish to be given access to the copy.
Power, subject to section 55, to give access to a document containing contrary Section 75
to public interest information if it is practicable to give access to a copy of the
document from which the contrary to public interest information has been
deleted and it appears to Council that the applicant would wish to be given
access to the copy.
Page 120 of 147
The text continues on section 121.