2014-07-22 Planning & Organisation Committee Agenda

PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA                                                         22 JULY 2014



Governance
13                           REVIEW OF INSTRUMENTS OF DELEGATION
Docum e nt in for m ati on




Author                                    Project Officer Governance, George Corkill

Index                                     ECM/Governance & Executive/Delegation of Authority

Attachments                               1.   Delegations Council to Chief Executive Officer (due to size of
                                               document, provided under separate cover)
                                          2.   Redundant Delegations



EXECUTIVE SUMMARY
Delegations are the process by which the Council delegates to the Chief Executive Officer
(CEO) local government powers under relevant legislation to implement and enforce
legislation and standards.

Importantly, Council always retains the capacity to exercise the power, to rescind, amend or
condition as Council sees fit, from time to time. In doing so Council alone (not the CEO)
may exercise the power. However, on a practical level retaining all powers is not possible as
it would require excessive reporting to Council on operational and administrative matters.

Following de-amalgamation from Sunshine Coast Council (SCC), the delegations covered by
the following legislation transferred under the provisions of Local Government (De-
amalgamation Implementation) Regulation 2013 and De-amalgamation Transfer
Methodology.

                           Public Health (Infection Control for Personal Appearance Services) Act 2003
                           Animal Management (Cats and Dogs) Act 2008
                           Environment Protection Act 1994
                           Land Act 1994
                           Land Protection (Pest and Stock Route Management) Act 2002
                           Liquor Act 1992
                           Plumbing & Drainage Act 2002
                           Public Health Act 2005
                           Food Act 2006
                           Transport Operations (Road Use Management) Act 1995
                           State Penalties Enforcement Act 1999
                           Waste Reduction and Recycling Act 2011
                           Local Laws

A review of the LGAQ Delegation Register resulted in three (3) new Delegations and minor
legislative and numbering changes which in turn require amendments to existing delegations
primarily administered by the Community Services Directorate.




                                                                                                       Page 129 of 133