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 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.




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