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

DESCRIPTION OF POWER DELEGATED                                                  LEGISTATION

Power, as the registered owner of a lot with two or more registered owners, Section 57
to request the registrar create a separate indefeasible title for the interest
of each owner.
Power, as a registered owner subject to a joint tenancy, to unilaterally Section 59(1)
sever the joint tenancy.
Power, as a registered owner subject to a joint tenancy, to give notice of      Section 59(2)
the severing of the joint tenancy in the way prescribed by subsection (2).
Power to register an instrument of transfer for the transfer of a lot or interest Section 60(1)
to or from Council.
Power to register an instrument of lease for the lease of a lot, or part of a Section 64
lot, to or from Council.
Power to register an instrument of amendment of a lease to or from Section 67(1)
Council.
Power, as the relevant local government, to approve the instrument of Section 65(3A)
lease where it is for reconfiguring a lot within the meaning of the Planning
Act 2016.
Power, as a lessor under a registered lease who has lawfully re-entered Section 68(1)
and taken possession under the lease, to lodge a request for the registrar
to register the re-entry.
Power, as a lessor or lessee under a registered lease, to execute and Section 69(1)
register an instrument of surrender of the lease.
Power, as a sublessee, to consent to the surrender of the lease.                Section 69(2)
Power, as a lessor or lessee under a registered lease, to give written notice Section 69(3)
of the surrender of the lease to every registered mortgagee and registered
sublessee.
Power to register an instrument of easement benefiting or burdening land Section 82(1)
owned by Council.
Power, as the registered owner, lessee, person entitled to the land or Section 83(1)(b)
public utility provider, to sign an instrument of easement for particular
easements.
Power, as the relevant local government, to approve the plan of survey for Section 83(2)
the creation of an easement giving access to a lot from a constructed road
where it is the reconfiguring of a lot under the Planning Act 2016.
Power, as the registered owner of a lot burdened by an easement in favour Section 85B(2)
of a public utility provider that is not a public thoroughfare easement, to
recover from the public utility provider a reasonable contribution towards
the cost of keeping the part of the lot affected by the easement in a
condition appropriate for enjoyment of the easement.
Power, as the registered owner of the lot benefited and the lot burdened Section 87
by an easement, to ask the registrar to extinguish the easement.
Power to register an instrument of surrender of an easement benefiting or Section 90(1)
burdening land owned by Council.
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