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

of 147

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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
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