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

 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

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