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 an affected party, to make submissions about the proposal to        Section 37(4)
the Minister.
Power to extend the duration of a designation. For avoidance of doubt,        Section 39
the power delegated includes the power to take all actions as detailed in
section 39.
Power to repeal a designation made by Council. For avoidance of doubt,        Sections 40 and 41
the power delegated includes the power to take all actions and consider all
matters as detailed in sections 40 and 41.
Power, as an owner of an interest in designated premises, to request a        Section 41(1)
designator to repeal a designation made by the designator on the basis
that the designation is causing the owner hardship.
Power to include a note about the making, amendment, extension or             Section 42
repeal of a designation in Council’s planning scheme. For avoidance of
doubt, the power delegated includes the power to take all actions as
detailed in section 42.
Power, as the assessment manger and where the circumstances of                Section 45(8)
section 45(6) apply, to give the weight considered appropriate in the
circumstances to the documents referenced in section 45(8).
Power to give an exemption certificate for the development. For avoidance     Section 46
of doubt, the power delegated includes the power to take all actions as
detailed in section 46.
Power to act as the “assessment manager” for all development                  Sections 48, 51, 53,
applications, change representations, cancellation applications and           54, 59, 60, 61, 62,
extension applications received by Council under Chapter 3 of the             63, 64, 65, 67, 71,
Planning Act 2016. For avoidance of doubt, the power delegated includes       75, 76, 84, 85, 86,
the power to take all actions of an assessment manager and consider all       87, 93, 100, 101,
matters as detailed in sections 48, 51, 53, 54, 59, 60, 61, 62, 63, 64, 65,   105, 107 and 109
67, 71, 76, 84, 85, 86, 87, 93 100, 101, 105, 107 and 109 of the Planning
Act 2016.
Power to keep a list of persons who are appropriately qualified to be an      Section 48(3)(b)
assessment manager in relation to a particular type of development.
Power to enter an agreement with a person on Council’s list of persons        Section 48(3)(d)
who are appropriately qualified to be an assessment manager in relation
to a particular type of development.
Power, as the owner of premises, to give written consent to the making of     Section 51(2)
the development application.




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