2020-09-08 S&O Agenda - Item 1 - Attachment 2 Delegations of Authority Council to Chief Executive (Updated)

 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