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

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.


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