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

 Description of Power Delegated                                               LEGISLATION
 Power to make a claim for compensation from the State where Council          Section 221
 incurs loss because of the exercise, or purported exercise, of a power by
 or for an inspector.
 Power as an appellant to start an appeal.                                    Sections 229(2) and
                                                                              230
 Power as a respondent or co-respondent to be heard in an appeal.             Section 229(4)
 Power, where an appeal is only about a referral agency’s response, to        Section 229(5)
 apply to the tribunal or P&E Court to withdraw from the appeal.
 Power to elect to be a co-respondent in an appeal.                           Section 230(6)
 Power to start proceedings for a declaration by a tribunal. For avoidance    Sections 239(1),
 of doubt, the power delegated includes the power to take all actions         240 and 241,
 detailed in sections 239(1), 240 and 241.
 Power to give the registrar information that the registrar reasonably        Section 246(2)
 requires for the proceedings.
 Power to appear as a party to a tribunal proceeding.                         Section 248
 Power to make submissions to the tribunal.                                   Section 249
 Power to give notice to the Registrar once a tribunal’s direction or order   Section 257
 has been complied with.
 Power to give an applicant the planning and development certificate          Section 265
 applied for.
 Power to note the registration of premises on Council’s planning scheme.     Section 267(13)
 Power, as an owner of premises in an affected area, before entering into a   Section 270
 lease of the premises with a person, to give a notice that states :-
 the premises are in an affected area; and
 that restrictions may apply to the person in taking proceedings about
 emissions from registered premises in the affected area.
 Power to serve a document and give a copy of the document as permitted       Section 275B
 by section 275B.
 Power to make an amendment of a type specified in subsection (1) by          Section 293(5)
 following the process set out in the rules. For avoidance of doubt, the
 power delegated includes the power to take all actions as detailed in the
 rules.


 This delegation does not include any powers that are required to be
 exercised by Council pursuant to a resolution of Council.

2.      To exercise the Council’s powers pursuant to the Planning Regulation 2017.



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