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2014-07-22 Planning & Organisation Committee Agenda Item 13 Attachment 1
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PLANNING & ORGANISATION COMMITTEE MEETING 22 JULY 2014 REVIEW OF INSTRUMENTS OF DELEGATION Attachment 1 Delegations Council to the Chief Executive Officer
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Section 2
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: PUBLIC HEALTH - PERSONAL APPEARANCE SERVICES
Delegation No: 2014-17
Delegation by the Council to:
Date:
Chief Executive Office
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Public Health (Infection Control for Personal Appearance Services) Act 2003
Delegated Power:
1. To exercise powers of the council pursuant to the Public Health (Infection Control for Personal
Appearance Services) Act 2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce the Act for Council’s area. Section 9
Power to consider all applications for licences, and determine whether to grant or Section 33
refuse the application.
Power to grant an application for a licence only if Council is satisfied— Section 34
(a) the applicant is a suitable person to hold a licence; and
(b) the premises at which the higher risk personal appearance services are to
be provided are suitable for providing the services.
Power to have regard to the matters listed in this section in deciding whether a Section 35
person is a suitable person to hold a licence.
Power to have regard to all the matters listed in this section in deciding whether Section 36
the premises at which higher risk personal appearance services are to be
provided are suitable for providing the services.
Power to make inquiries before making a decision regarding sections 35 and 36 Section 37
and, by giving notice to the applicant, require the applicant to give Council, within
the reasonable time of at least 40 days stated in the notice, further information or
a document Council reasonably requires to decide the application.
Power to impose conditions on a licence. Sections 38(2)
and 41(1)(c)
Power to decide the earlier ending date of a licence. Section 40
Page 2 of 56
Section 3
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to consider all applications for renewals of licences, and determine Section 44
whether to grant or refuse the application for renewal.
Power to give a notice to a licensee requiring the licensee to give Council, within Section 45
a reasonable period of at least 40 days stated in the notice, further information or
a document Council reasonably requires to decide a licence renewal application.
Power to consider all applications for amendments to licences, and determine Section 47
whether to grant or refuse the application to amend the licence.
Power to give a notice to the licensee requiring the licensee to give Council, Section 48
within a reasonable period of at least 40 days stated in the notice, further
information or a document Council reasonably requires to decide a licence
amendment application.
Power to determine whether to grant or refuse the application to transfer the Section 49
licence by having regard to whether the transferee is a suitable person to hold a
licence and whether the premises are suitable for providing higher risk personal
appearance services.
Power to give a notice to the licensee requiring the licensee to give Council, Section 50
within a reasonable period of at least 40 days stated in the notice, further
information or a document Council reasonably requires to decide a licence
transfer application.
Power to, for forming a belief that the ground for suspending or cancelling a Section 51(2)
licence mentioned in subsection (1)(a) exists, have regard to the matters to which
Council may have regard in deciding whether a proposed licensee is a suitable
person to hold the licence
Power to issue a ‘show cause notice’. Section 52
Power to determine whether grounds continue to exist for the suspension or Sections 54 and
cancellation of a licence after issuing the licensee with a ‘show cause’ notice, and 55
if so, determine whether to suspend or cancel the licence.
Power to suspend a licence immediately if Council believes— Section 56
(a) a ground exists to suspend or cancel the licence; and
(b) it is necessary to suspend the licence immediately because there is an
immediate and serious risk of infection to the licensee’s clients.
Power to consider all applications for a replacement licence, and determine Section 62
whether to grant or refuse the application for the replacement licence.
Power to make an agreement with a licensee intending to provide higher risk Section 65(3)
personal appearance services from mobile premises to allow a lesser period for
notification to Council of the licensee’s intentions.
Power to, where Council is the second local government for a licence under the Section 68
Act, notify the first local government where it is reasonable to believe that a
mobile licensee or operator has contravened their licence.
Power to, where Council is the first local government and has been notified by a Section 69
second local government of their reasonable belief that a mobile license holder or
operator has breached their licence conditions, take action under the Act.
Power to appoint authorised persons. Section 70
Page 3 of 56
Section 4
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to apply conditions to an authorised person’s powers under the Act by Section 72
giving the person a signed notice.
Power to monitor compliance with the Act by having authorised persons inspect Section 105
places of business in Council’s areas and recover monitoring costs from business
proprietors.
Power to charge a business proprietor an inspection fee to check if the remedial Section 110
notice given by an authorised person acting for Council to the proprietor has been
complied with.
Power to prosecute a business proprietor or operator for the contravention of a Section 111(7)
relevant provision for which a remedial notice has been issued without an
authorised person first issuing a remedial notice for the contravention.
Power to, at any time, extend the time for applying for a review of Council’s Section 121(2)
original decision relating to a licence application.
Power to, upon request, review an original decision and make a determination Part 7, Division
according to section 122 of the Act. 1
Power to, following the conviction of a person of an offence against this Act, apply Section 137
to the court for an order against the person for the payment of the costs Council
has incurred in taking a thing or doing something else during the investigation of
the offence.
Power to deal with a thing forfeited to Council, including destroying the thing. Section 140
Power to commence proceedings against a person who has committed an Section 143
offence against the Act.
Power to approve forms to be used in the administration and enforcement of the Section 147
Act.
Power to, with regard to an application for registration of premises made under Section 153
part 15 of the former regulation, assess the suitability of the application and the
premises under this Act, and make inquiries and require further information or a
document under section 37 of the Act.
Power to, with regard to an application for renewal of registration of premises Section 154
made under part 15 of the former regulation, assess the suitability of the applicant
and the premises under this Act, and make inquiries and require further
information or a document under section 45 of the Act.
Power to, with regard to an application for registration or renewal of registration of Section 155
2 or more premises to which sections 153(2) and 154(2) apply, issue a single
licence to cover all the premises.
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter
of appointment and/or, position description, qualifications, technical knowledge and
legislative requirements.
Page 4 of 56
Section 5
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: ANIMAL MANAGEMENT Delegation No: 2014-18
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Animal Management (Cats and Dogs) Act 2008
Delegated Power:
1. To exercise powers of the council pursuant to the Animal Management (Cats and Dogs) Act
2008.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give identifying information to particular persons. Section 39
Power to recognise a body supervising an exhibition in which a cat or dog is Section 42(4)
participating.
Power to give registration notice. Section 49(2)
Power to keep registration form and information. Section 51
Power to fix the fee for the registration of a dog. Section 52
Power to recognise a body supervising an exhibition or an obedience trial in Section 64(1)
which a dog is participating.
Power to require applicant to give a stated document or information that is Section 74(1)
relevant to a permit application.
Power to grant or refuse a permit application within a certain time. Section 75(1)
Power to decide whether de sexing is likely to be a serious risk to the health of Section 75(3)
a dog.
Power to impose conditions on the grant of an application for a restricted dog Section 75(5)
permit.
Power to issue a restricted dog permit. Section 77
Power to issue a decision notice after deciding to refuse a permit application. Section 79
Power to grant or refuse a renewal application within a certain time. Section 84(1)
Power to seek further information in deciding an application for a renewal Section 84(4)(b)
application.
Page 5 of 56
Section 6
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to: Section 84(5)
if the application is granted, issue a renewed permit; or
if the application is refused, issue a decision notice.
Power to amend a restricted dog permit at any time. Section 87
Power to give a dog owner a proposed declaration notice regarding a dog. Section 90
Power to withdraw a proposed declaration notice regarding a dog. Section 92
Power to consider any written representations and evidence within a period Section 94
stated in a proposed declaration notice and make a regulated dog declaration.
Power to give an owner of a dog the subject of a regulated dog declaration, a Section 95
notice about the decision under subsection (3) or (4).
Power to destroy a surrendered regulated dog. Section 100
Power to recover reasonable seizure or destruction costs. Section 102
Power to give notice of a proposed inspection program. Section 114
Power to include other information considered appropriate in the general Section 178(e)
register.
Power to authorise an employee to verify a copy of a document. Section 198(1)
Where a local government has received a registration form in relation to a cat Section 227(2)
prior to 23 September 2013 and it has not yet given a registration notice,
power to:-
(a) refund the registration fee to the owner; or
(b) if the local government is a declared local
government—register the cat under former chapter 3, part 2; or
(c) if a local government makes a local law requiring cats to be registered—
register the cat under the local law.
Where a local government has received a registration fee in relation to a cat Section 228(2)(b)
prior to 23 September 2013 and it has given a registration notice for the cat,
power to refund the registration fee or a portion of the fee to the owner.
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter
of appointment and/or, position description, qualifications, technical knowledge and
legislative requirements.
Page 6 of 56
Section 7
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: ENVIRONMENTAL PROTECTION Delegation No: 2014-21
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Environmental Protection (Waste Management) Regulation 2000
Environmental Protection (Water) Policy 2009
Environmental Protection Act 1994
Environmental Protection Regulation 2008
Delegated Power:
1. To exercise powers of the council pursuant to the Environmental Protection (Waste
Management) Regulation 2000.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to require an owner or occupier to arrange for the removal of general Section 10B
waste and designate premises as serviced premises.
Power to require an owner or occupier to supply waste containers other than Section 10C(1)
standard general waste containers.
Power to supply premises with standard general waste containers. Section 10C(2)
Power to require a container to be kept at a particular place at a premises. Section
10E(1)(a)
Power to designate a location for the collection of waste from a place. Section 10E(2)
Power to require the owner/occupier of a serviced premises to supply: Section 10F
(a) an elevated stand; or
(b) drained paved area for the waste container, and
(c) hose cock and hose in the vicinity of the stand or paved area; and
(d) suitable enclosure for the waste container.
Power to issue a notice to the occupier of a premises notice in relation to the Section 10H
removal of general waste produced at the premises.
Power to give written approval to the owner or occupier of premises for Section 10I(2)
depositing and disposing of waste and to impose conditions on the approval.
Page 7 of 56
Section 8
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to require the owner/occupier of a premises where there is industrial Section 10J
waste to:
(a) supply waste containers;
(b) keep the waste containers in a specified location; and
(c) keep the waste containers clean and in good repair.
Power to require owner/occupiers of premises, where there is industrial waste, Section 10K
to treat the waste in accordance with Council’s requirements.
Power to administer and enforce those powers devolved to Council. Sections 68A
and 68AA
2. To exercise powers of the council pursuant to the Environmental Protection (Water) Policy
2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, in cooperation with the chief executive, to develop a healthy waters Section 24(2)
management plan.
3. To exercise powers of the council pursuant to the Environmental Protection Act 1994.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to give an applicant a notice about an Section 128
application that is not a properly made application.
Power to agree a further period within which the applicant must give notice Section 129
under section 128
Power, as an administering authority, to give a notice about an application made Section 130
by joint applicants, to the principal applicant nominated in the application.
Power, as an administering authority, to refuse to allow a change to an Section 132
application if the change would result in the application not being a properly
made application and the applicant does not take action to make the remade
application properly made.
Power, as an administering authority, to give written agreement that a change to Section 133
an application is a minor change.
Power, as an administering authority, to make a written information request to Section 140
the applicant to give further information needed to assess the application.
Power, as an administering authority, to agree to extend the applicant’s Sections 145
information request response period. and 147
Power, as an administering authority, to give the applicant an information notice Section 152
prescribing an additional or substituted way to give public notice of an
application.
Power to decide to allow or not allow substantial compliance with public notice Section 159
requirements.
Power, as an administering authority, to by written notice to the applicant extend Section 168
the decision period and further extend the decision period with the written
agreement of the applicant.
Page 8 of 56
Section 9
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to approve a standard application subject Section 170
to the standard conditions for the relevant activity or authority.
Power, as an administering authority, to approve a variation application subject Section 171
to the standard conditions for the relevant activity or authority or subject to
conditions which are different to the standard conditions for the activity or
authority.
Power, as an administering authority, to refuse a site- specific application or Section 172
approve a site-specific application subject to conditions.
Power, as an administering authority, to impose a condition on an environmental Section 203
authority or draft environmental authority to which section 115 applies.
Power, as an administering authority, to amend an environmental authority to Section 211
correct a clerical or formal error by giving written notice to the holder but only if
the amendment does not adversely affect the interests of the holder or anyone
else.
Power, as an administering authority, to amend an existing environmental Section 213
authority issued subject to conditions to replace the existing standard conditions
with new standard conditions issued by the chief executive under section 318D.
Power, as an administering authority, to make an amendment to an Section 215
environmental authority which is necessary or desirable because of a matter
mentioned in section 215(2) or if the holder has agreed in writing to the
amendment.
Power, as an administering authority, to make other amendments to an Sections 216
environmental authority in accordance with the procedure required by Chapter and 219
5, Part 6, Division 2 or with the written agreement of the authority holder.
Power, as an administering authority, to decide whether an application made by Section 228
the holder of an environmental authority to amend the authority is a minor or
major amendment.
Power, as an administering authority, to give written agreement to the continued Section 237
assessment of a changed application to amend an environmental authority.
Power, as an administering authority, to request further information needed to Section 238(3)
assess a changed amendment application which is not a minor change and to
which the information stage applies.
Power, as an administering authority, to decide that the notification stage be Section 238(7)
repeated in respect of a changed amendment application which would be likely
to attract a submission objecting to the change.
Power, as an administering authority, to decide to approve or refuse an Section 240
amendment application.
Power, as an administering authority, to decide to approve an application to Section 247
amalgamate environmental authorities or refuse an amalgamation application to
which section 247(1)(b) applies.
Power, as an administering authority, to approve or refuse an application by the Section 254
holder of an environmental authority to transfer all or part of the environmental
authority to another entity.
Power, as an administering authority, to decide whether a final rehabilitation Section 264
report includes enough information to decide that the requirements in section
264(1)(b)(i) and 264(1)(b)(ii) have been met.
Page 9 of 56
Section 10
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to make a written request to an applicant Section 265
to give further information needed to assess an application to surrender an
environmental authority.
Power, as an administering authority, to approve or refuse a surrender Section 266
application.
Power, as an administering authority, to cancel or suspend an environmental Section 278
authority if an event mentioned in section 278(2) has occurred.
Power, as an administering authority, to decide to suspend or cancel an Section 282
environmental authority.
Power, as an administering authority, to approve or refuse an application made Section 284C
by the holder of an environmental authority to suspend the environmental
authority.
Power, as an administering authority, to impose a condition on an environmental Section 292
authority requiring the holder to give financial assurances as security for
compliance with the environmental authority and for costs or expenses
mentioned in section 298.
Power, as an administering authority, to decide the amount and form of financial Section 295
assurance required under a condition of an environmental authority.
Power, as an administering authority, to decide to make a claim on or realise a Section 301
financial assurance.
Power, as an administering authority, to by written notice require an applicant to Section 304
give a compliance statement for a financial assurance before deciding an
application to amend or discharge the financial assurance.
Power, as an administering authority, to approve or refuse an application by the Section 305
holder of an environmental authority to amend the amount or form of a financial
assurance stated in a notice given under section 296 or to discharge a financial
assurance.
Power, as an administering authority, to require a change of the amount of a Section 306
financial assurance.
Power, as the administering authority, to recover from the holder of an Section 308
environmental authority as a debt, outstanding annual fees.
Power, as an administering authority, to change the anniversary day for an Section 310
environmental authority for which an annual fee is prescribed, in the
circumstances provided for by section 310(1)(a) and 310(1)(b).
Power, as an administering authority, to change an anniversary day for an Section 311
environmental authority.
Power, as an administering authority, to in the circumstances specified in Section 314
section 314(1)(a) and 314(1)(b) require the holder of the environmental authority
to make a site-specific application for a new environmental authority under
Chapter 5 Part 2 or make an amendment application for the authority under
Chapter 5 Part 7.
Power, as an administering authority, to ask any entity for advice, comment or Section 315
information about an application made under Chapter 5.
Page 10 of 56
Section 11
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as person aware of an event described in section 320A, to give written Section 320C
notice of the event, its nature and the circumstances in which it happened to the
administering authority, any occupier of the affected land or any registered
owner of the affected land, or by public notice.
Power, as employer aware of an event described in section 320A, to give written Section 320D
notice of the event, its nature and the circumstances in which it happened to the
administering authority, any occupier of the affected land or any registered
owner of the affected land, or by public notice.
Power, as an administering authority, to require a person to conduct or Sections 322
commission an environmental audit. and 323
Power, as an administering authority, to require a person to conduct or Section 326B
commission an environmental investigation.
Power, as an administering authority, to ask for further information. Section 326F
Power, as an administering authority, to require a person or public authority Section 332
to submit a draft transitional environmental program.
Power to submit a draft transitional environmental program to the administering Section 333
authority for approval.
Power, as an administering authority, to by written notice require the person or Section 334A
public authority that submitted the draft transitional environmental authority to
give further information.
Power to make a submission in relation to a draft transitional environmental Section 335
program.
Power, as an administering authority, to invite parties to a conference to help it Section 336
determine whether or not to approve a draft transitional environmental program.
Power, as an administering authority, to seek advice, comment or information Section 336A
about a TEP submission.
Power, as an administering authority, to extend the period for decision about a Section 337
draft transitional environmental program and approve a draft transitional
environmental program.
Power, as an administering authority, to:- Section 339(1)
a) approve a draft transitional environmental program as submitted or with
amendments requested or agreed to by the administering authority; or
b) refuse to approve a draft transitional environmental program.
Power, as an administering authority, to impose on an approval of a draft Section 339(2)
transitional environmental program:-
a) any conditions the authority must impose under a regulatory requirement;
and
b) any other conditions the administering authority considers appropriate.
Power, as an administering authority, to give a person or public authority who Section 340
submitted a draft transitional environmental program for approval written notice
of the decision.
Page 11 of 56
Section 12
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to approve a draft transitional Section 342
environmental program if there has been substantial compliance with public
notice requirements.
Power, as an administering authority, to consider and approve or refuse an Section 344
application to amend a transitional environmental program.
Power, as an administering authority, to apply to the Court for an order that Section 355
section 353(1) does not apply.
Power, as administering authority, to – Section 357E
grant an application for a temporary emissions licence as submitted or on
different terms than have been requested in the application; or
refuse to grant the application for a temporary emissions licence
Power, as administering authority, to amend, cancel or suspend a temporary Section 357J
emissions licence.
Power, as holder of a temporary emissions licence, to give written agreement to Section 357J
the amendment of the licence.
Power, as an administering authority, to issue an environment protection order. Section 358
Power, as owner or occupier of land, to advise the administering authority that – Section 371
a notifiable activity is being carried out on the land; or
the land has been, or is being, contaminated by a contaminant that Council
knows to be hazardous contaminant.
Power, as local government, to notify the administering authority that – Section 372
a notifiable activity has been, or is being, carried out in Council’s area; or
land in its area has been, or is being, contaminated by a contaminant that
Council knows is a hazardous contaminant.
Power, as owner of land, to make submissions in response to a notice from the Section 373
administering authority that its land is being used for a notifiable activity or is
contaminated.
Power, as the owner of land, to conduct or commission, or permit a person to Section 375
conduct or commission, a site investigation.
Power, as the person who released the contaminant, the relevant local Section 376
government or the owner of the land, to conduct or commission a site
investigation where requested to do so by an administering authority.
Power, as the recipient of a notice to conduct or commission a site investigation, Section 378(1)
to apply to the administering authority to waive the requirement for a site
investigation.
Power, as recipient of a notice to conduct or commission a site investigation, or Section 385 (1)
person who submitted the report, to provide another site investigation report or and (2)
to provide further information if requested by the administering authority.
Power, as owner, to consent to another party entering its land to conduct or Section 390
commission remediation works.
Page 12 of 56
Section 13
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the person who released the hazardous contaminant contaminating Section 391
the land, the relevant local government or the owner of the land, to conduct or
commission remediation works in relation to contaminated land upon request by
the administering authority.
Power, as the recipient of a remediation notice under section 391, to request it Section 392(1)
be waived.
Power, as owner of land, to consent to the preparation and submission of a draft Section 403 and
site management plan by a third party. 404
Power, to prepare, or commission the preparation of, a site management plan if Section 405
requested to do so by the administering authority
Power, as the person who released the contaminant, the relevant local Section 405
government or the owner of the land, to prepare, or commission the preparation
of, a site management plan if requested to do so by the administering authority.
Power, as owner of land, to request the administering authority to waive the Section 407
requirement to prepare a site management plan for contaminated land.
Power, as owner of land, to consent to a third party entering the land to prepare Section 409
a site management plan.
Power, as owner of land, to agree to an amendment to the site management Section 419(1)
plan made by the administering authority.
Power, as the person who released the contaminant, the relevant local Section 419(2)
government or the owner of the land, to submit, at the request of the
administering authority, a draft amendment of a site management plan.
Power, as an administering authority, to require a person to provide information Section 451
for the enforcement or administration of this Act.
Power, as owner of land, to consent to an authorised person’s entry onto the Section 454
land.
Power, as an administering authority, to issue a notice that an authorised person Section
will enter land. 454(3)(b) and
(4)
Power, as an administering authority, to waive payment of costs of investigation Section 489
or remediation work.
Power, as an administering authority, to make an application to the court for an Section
order against a defendant for costs. 501(1)(c)
Power, as an administering authority, to carry out work or take other action Section 502A(2)
reasonably necessary where a person has failed to comply with an order made
under section 502.
Power, as an administering authority, to make an application to the Court to Section 505
remedy or restrain an offence against this Act.
Power to exercise all the powers of the chief executive that have been Section 516
delegated to Council. (Sub-section (2) permits sub delegation of these powers to
a qualified entity).
Power, where the chief executive has delegated the powers as an administering Section 518(1)
authority to Council, to exercise those delegated powers.
Page 13 of 56
Section 14
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to review a decision. Section 521(5)
Power, as a dissatisfied person, to apply for a review of an original decision. Section 521
Power, as a dissatisfied person that has applied for a review under section 521, Section 522
to apply to the Planning and Environment Court or the Land Court for a stay of
operation of the original decision.
Power, as a dissatisfied person, to appeal to the Land Court against a review Section 524
decision of an original decision mentioned in schedule 2, part 1.
Power, as a dissatisfied person, to appeal to the Planning and Environment Section 531
Court against a review decision of an original decision, other than a review
decision to which Chapter 11, Part 3, Division 3, Subdivision 1 of this Act applies
or a review decision that relates to an original decision mentioned in Schedule 2,
Part 3.
Power, as an administering authority, to prepare and submit a report to the chief Section 546
executive.
Power, as an administering authority, to request written notice of damage Section 578
caused to land or something on the land by a person who enters land under an
entry order.
Power, as an administering authority, to change or cancel a condition of an Section 620
environmental authority given continuing effect under section 619(2)(d) or
619(4)(d) of this Act.
Power, as an administering authority, in relation to an activity being carried out Section 621
under section 619(1) of this Act, to give the person carrying out the activity a
development approval and a registration certificate.
Power, as an administering authority, to give the registered operator for a level 1 Section 623
approval for a level 1 chapter 4 activity taken to be a registration certificate
under section 619, a notice stating that section 316 applies to the registration
certificate.
Power, as an administering authority, to amend a condition about financial Section 634
assurance imposed under Chapter 13 Part 7.
Power, as an administering authority, to consider or continue to consider, a draft Section 671(2)
transitional program submitted under section 332 or 333 before 4 April 2011 and
decide whether to approve it under the unamended Act.
Power, as an administering authority, to approve or refuse an application made Section 697
by the holder of a transitional authority, to convert the conditions of the
transitional authority to the standard conditions for the authority or relevant
activity.
Power, as an administering authority, to approve an application to convert a Section 698B
surrendered registration certificate to an environmental authority that has been
suspended under Chapter 5, Part 11A of this Act.
Page 14 of 56
Section 15
ATTACHMENT 1
4. To exercise powers of the council pursuant to the Environmental Protection Regulation 2008.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce those provisions of the Act devolved to Sections 98, 99,
Council. 100 and 101,
102
Power, as an administering authority, to recover as a debt an unpaid fee under Section 116A
the Act.
Power, as an administering authority, to recover as a debt from the holder of an Section 134
environmental authority an unpaid supplementary annual fee for an amended
environmental authority.
Power to administer and enforce former environmentally relevant activities Section 156
devolved to Council.
Power, as an administering authority, to refund:- Section 164
a) the application fee for a later application; and
b) the annual fee for a development approval for chemical storage.
Power, as an administering authority, to refund to the holder of an environmental Section 168
authority an annual fee if environmental authorities are amalgamated.
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter
of appointment and/or, position description, qualifications, technical knowledge and
legislative requirements.
Page 15 of 56
Section 16
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: LAND Delegation No: 2014-23
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 - Section 257
Land Act 1994
Delegated Power:
1. To exercise the powers of council pursuant to the Land Act 1994.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a person who may take water under the Water Act 2000, section Section 13A(4)
20(3), to exercise a right of access, a right of grazing and a right to bring action
for trespass over the adjacent land.
Power, as owner of land having a non-tidal boundary (the relevant land), to Section 13B(1)
apply to the chief executive (water) to have land adjoining the relevant land
(the watercourse land) declared to be former watercourse land.
Power to give notice of the person’s intention to make an application pursuant Section 13B(2)
to section 13B to the owners of any land that adjoins the watercourse land
Power, as an applicant under section 13B(1), to appeal against the refusal of Section 13B(6)
the application.
Power, as registered owner of land, to enter an agreement with the Governor Section 18(1)
in Council to exchange all or part of the freehold land for the grant of
unallocated State land.
Power, as lessee of a freeholding lease, to enter an agreement with the Section 18(2)
Governor in Council to exchange all or part of the freeholding lease for a
freeholding lease over unallocated state land.
Power, as lessee of a term lease (other than a State lease or a perpetual Section 18(3)
lease), to enter an agreement with the Minister to exchange all or part of the
term lease for a lease of unallocated State land for a term of years or in
perpetuity.
Power, as a person seeking to have a plan of subdivision registered in relation Section 23A(1)
to the land contained in a deed of grant, deed of grant in trust or lease, to
apply to the Minister for the allocation of a floating reservation to some or all of
the lots created by the plan.
Power, as an applicant under section 23A(1), to appeal against the Minister’s Section 23A(6)
decision.
Page 16 of 56
Section 17
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as registered owner of the deed of grant or lessee of a freeholding Section 24(3)
lease of a reservation for a public purpose to be sold under section 24(1), to
apply to the Governor in Council to buy the land.
Power to appeal against the Minister’s determination of the unimproved value Section 25(2)
of land to be sold under section 24(1) of the Land Act 1994.
Power, as trustee, lessee or registered owner, to agree to the Minister’s Section 26(2)
proposal to change the boundaries of a lease, deed of grant or deed of grant in
trust where the Governor in Council is resuming possession of all or part of a
reservation and the boundaries of the reservation are not stated in the lease,
deed of grant or deed of grant in trust.
Power, as lessee, registered owner or trustee, to appeal the Minister’s decision Section 26(4)
to change the boundaries of a lease, deed of grant or deed of grant in trust
where the Governor in Council is resuming possession of all or part of a
reservation and the boundaries of the reservation are not stated in the lease,
deed of grant or deed of grant in trust.
Power, as lessee or registered owner, to buy a forest entitlement area under Section 26B(2)
sections 24 and 25.
Power, as lessee or registered owner, to appeal against the value decided by Section 26B(8)
the Minister for commercial timber on a forest entitlement area that the local
government is buying.
Power, to apply to the Minister for the dedication of a reserve. Section 31C(1)
Power to give notice of the intention to apply for the dedication of a reserve. Sections 31C(2)
and 31C(3)
Power, as trustee, to apply to the Minister to change the boundary of a reserve Section 31D(1)
or the purpose of a reserve.
Power to give notice of the intention to change the boundary of a reserve or Sections 31D(2)
the purpose of a reserve. and 31D(3)
Power, as trustee, to consult with the Minister in response to a proposed State Section 32
lease over a reserve.
Power to apply to the Minister to revoke the dedication of all or part of a Section 34(1)
reserve.
Power to give notice of the intention to apply to the Minister to revoke the Sections 34(2)
dedication of all or part of a reserve. and 34(3)
Power, as owner of improvements on a reserve the dedication to which has Section 34H(1)
been revoked, to apply to remove improvements on the reserve.
Power, as owner of improvements on a reserve the dedication to which has Section 34H(2)
been revoked, to remove improvements with the written approval of the
Minister.
Power, as trustee of an operational reserve, to apply for a deed of grant over Section 34I(1)
the reserve.
Power, as trustee of an operational reserve, to give notice of the intention to Sections 34I(3)
apply for a deed of grant over the reserve. and 34I(4)
Power, as trustee, to apply for an additional community purpose or to Section 38A(1)
amalgamate land with common purposes.
Page 17 of 56
Section 18
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as trustee, to apply for the cancellation of a deed of grant in trust under Section 38A(2)
section 38.
Power, as trustee, to give notice of the intention to apply under section 38A. Sections 38A(3)
and 38A(4)
Power, as owner of improvements on a deed of grant in trust that has been Section 38G(1)
cancelled, to apply to remove the improvements on the deed of grant in trust.
Power, as owner of improvements on a deed of grant in trust that has been Section 38G(2)
cancelled, to remove the improvements with the Minister’s approval.
Power to accept appointment as trustee. Section 44
Power, as trustee, to advise the chief executive of change in details. Section 45
Power, as trustee, to comply with the administrative, accounting function and Sections 46, 47,
other directions provided by Minister. 48 and 49
Power to take all necessary action for the maintenance and management of Sections 52(1)
trust land.
Power, as trustee, to surrender all or part of a deed of grant in trust on terms Section 55(1)
agreed with the Minister and with the Minister’s written approval.
Power, as trustee, to apply to surrender all or part of a deed of grant in trust. Section 55A(1)
Power, as trustee, to give notice of the intention to apply to surrender all or Sections 55A(2)
part of a deed of grant in trust. and 55A(3)
Power, as owner of improvements on a deed of grant in trust that has been Section 55H(1)
surrendered, to apply to remove the improvements on the deed of grant in
trust.
Power, as owner of improvements on a deed of grant in trust that has been Section 55H(2)
surrendered, to remove the improvements on the deed of grant in trust with the
written approval of the Minister.
Power, as trustee, to lease all or part of the trust land if the trustee first obtains Section 57(1)
the Minister’s written “in principle’ approval to the lease.
Power as trustee to, without the Minister’s approval, grant a trustee lease Section 57(3)
(construction) or a trustee lease (State or statutory body) over all or part of the
trust land.
Power to seek the Minister’s approval to amend a trustee lease. Section 57A(1)
Power, as trustee lessee, to transfer, mortgage or sublease a trustee lease Section 58(1)
subject to the written approval of the Minister and the trustee to the
transaction.
Power to appeal against the Minister’s decision to refuse to allow a transfer, Section 58(7)
mortgage or sublease of a trustee lease.
Power, as trustee, to issue a trustee permit to use all or part of the trust land. Section 60(1)
Power to lodge a trustee permit in the appropriate register. Section 60(3)
Power to seek consent to group trust land reserved for similar purposes Section 62
together.
Page 18 of 56
Section 19
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to seek the Minister’s approval for rent from a trustee lease or trustee Section 63(3)
permit to be applied to costs other than on maintenance and enhancement of
the trust land.
Power, as a relevant person, to apply for approval to lease, sublease or sub- Section 64(4)
sublease trust land even if an authority is in force.
Power, as trustee, to cancel a trustee lease or trustee permit if the lessee or Section 65(1)
permittee does not comply with the conditions of the lease or permit.
Power to allow the trustee lessee or trustee permittee to remove the trustee Section 66(1)
lessee’s or trustee permittee’s improvements on the land within a reasonable
time stated by the trustee.
Power, as trustee of a deed of grant in trust, to mortgage a deed of grant in Section 67(2)
trust issued prior the commencement of the Land Act, subject to the Minister’s
approval under section 67(4).
Power to mortgage a deed of grant in trust issued after the commencement of Section 67(3)
the subject to section 67(3)(a) and (b) and the Minister’s approval under
section 67(4).
Power, as trustee of trust land for cemetery purposes, to repair or remove Section 80(1)
structures, monuments or tombstones from a cemetery on trust land.
Power to ask the Minister that a cemetery on trust land be closed to further Section 81(1)
burials.
Power to ask the Minister to re-open a cemetery previously closed for further Section 81(4)
burials.
Power to agree to take on the trusteeship of a cemetery from trustees of the Section 82
cemetery, and to agree on the terms of the transfer.
Power to seek approval from the Minister to exhume a body from a cemetery, Section 83(1)
in the absence of any local law covering the matter.
Power to apply to the Minister seeking approval to surrender land granted for Section 84(1)
an estate in fee simple for some community, public or similar purpose, the land
to the State, and for the issue of a deed of grant in trust under this Act for a
community or public purpose.
Power to apply for land to be dedicated as a road for public use. Section 94(2)
Power to apply to the Minister to permanently close a road. Section 99(1)
Power to apply to the Minister to temporarily close a road. Section 99(3)
Power, as an adjoining owner of land who makes an application to Section 99(4)
permanently close a road pursuant to section 99(1) of the Land Act , to ask
that the land be amalgamated with the adjoining owner’s adjoining land upon
its closure.
Power to object to a road closure application in response to a public notice. Section 100
Power, as a road licensee, to surrender all or part of a road licence. Section 105(3)
Power, as registered owner of land, to apply for the simultaneous opening and Section 109A(1)
closing of roads subject to the conditions in section 109A(1)(a), (b) and (c).
Page 19 of 56
Section 20
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as registered owner, to ask the Minister to include certain matters in Section 109A(2)
the deed of grant in trust issued under section 358.
Power, as registered owner, to appeal against any conditions the Minister Section 109A(3)
imposes under section 420I.
Power, as trustee of lessee, to apply for the simultaneous opening or closing of Section 109B(1)
roads subject to section 109B(1)(a), (b) and (c).
Power to ask the Minister to include certain matters in the deed of grant in trust Section 109B(2)
issued under section 358 or dedicated as a reserve under section 31A
(whichever is applicable).
Power, as lessee, to ask that the land in the road being closed be Section 109B(3)
amalgamated in accordance with section 109B(3)(a) or (b) (whichever is
applicable).
Power, as trustee or lessee, to appeal against any conditions the Minister Section 109B(4)
imposes under section 420I.
Power to apply for an interest in land that may be granted without competition. Section 120A(1)
Power, as lessee, to apply to the Minister that a lease be used for additional or Section 154
fewer purposes.
Power, as lessee, to apply for extension of a term lease (40 years). Section 155A(2)
Power, as lessee, to apply for extension of a term lease (50 years). Section 155B(2)
Power, as lessee, to apply for extension of a term lease (75 years). Section 155BA(2)
Power, as lessee, to apply for an offer of a new lease (a renewal application). Section 158
Power, as an applicant for a renewal application, to appeal against the chief Section 160(3)
executive’s decision to refuse the renewal application if the only reason for the
refusal was that the applicant had not fulfilled the conditions of the lease.
Power, as lessee, to apply to convert a perpetual lease to freehold land and a Section 166(1)
term lease to a perpetual lease or to freehold land.
Power, as applicant for a conversion application, to appeal against the chief Section 168(5)
executive’s decision to refuse the conversion application if the only reason for
the refusal was that the applicant had not fulfilled the conditions of the lease.
Power to appeal against the chief executive’s decision on the purchase price Section 170(2)
for the conversion of a lease to a deed of grant.
Power, as lessee, to apply for approval to subdivide the lease. Section 176(1)
Power to appeal against the Minister’s decision to refuse an application for Section 176E
approval to subdivide a lease.
Power, as lessee of 2 or more leases, to apply to the Minister for approval to Section 176K
amalgamate the leases.
Power to give the chief executive an opinion in respect of a proposed road Section 176N
closure.
Power to consult with the chief executive regarding the issue of a permit to Section 177
occupy unallocated State land, a road or a reserve.
Power to apply for a permit to occupy unallocated State land, a reserve or a Section 177A(1)
road.
Power to give notice of an intention to apply for a permit to occupy unallocated Section 177A(2)
State land, a reserve or a road.
Page 20 of 56
Section 21
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an applicant for a permit, to enter an agreement with an adjoining Section 179
owner about the maintenance of a fence.
Power, as a permittee, to surrender a permit to occupy on terms agreed to Section 180(2)
between the chief executive and the permittee and with the chief executive’s
written approval.
Power, as a relevant entity, to apply to surrender or cancel a permit to occupy. Section 180A
Power, as a permittee for a permit that is cancelled or surrendered, to apply to Section 180H(1)
remove the permittee’s improvements on the permit land.
Power, as a permittee, to remove improvements with the chief executive’s Section 180H(2)
written approval.
Power, as a lessee, licensee or permittee, to appeal against the inclusion of Section 182
the lease, licence or permit in a particular category for rent assessment.
Power, as a lessee or licensee, to apply to the Minister to defer, wholly or Section 192
partly, the payment of rent or instalments for the lessee’s lease or licensee’s
licence.
Power, as lessee, licensee or permittee, to give the Minister the information Section 201
asked for about the lease, licence or permit.
Power, as lessee, licensee or permittee, to apply to change an imposed Section 210
condition of the lease, licence or permit.
Power to appeal against the Minister’s decision to change an imposed Section 212(3)
condition about the protection and sustainability of the lease land.
Power to make submissions to the Minster in response to a warning notice. Section 214A
Power, as a lessee or licensee to whom a remedial action notice has been Section 214B
given, to appeal against the decision to give the notice.
Power, as a lessee or licensee to whom a remedial action notice has been Section 214D
given, to comply with the notice.
Power, as lessee, to appeal against the Minister’s decision to reduce the term Section 214F(3)
of, or impose additional conditions on, a lease.
Power, as a person who has a lawful interest in the matters listed at section Section 219(3)
219(3)(a), (b) and (c), to claim compensation as prescribed by the Acquisition
of Land Act 1967.
Power, as a compensation claimant, to appeal the Minister’s decision about Section 222(6)
the amount of loss, costs and expenses the claimant is entitled to claim.
Power, as owner of lawful improvements on a lease or part of lease resumed Section 225(2)
under the division, to claim compensation.
Power, as lessee, to appeal against the Minister’s decision on compensation Section 226(5)
payable.
Power, as owner of lawful improvements on all or part of a reservation Section 230(2)
resumed, to claim compensation.
Power, as owner, to appeal against the Minister’s decision on compensation Section 232(5)
payable.
Page 21 of 56
Section 22
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a relevant local government of a term or a perpetual lease, to Section 239(4)
appeal against a decision under subsection (2)(b)(iv) to allow an entity other
than the relevant local government to sell the lease.
Power, after receiving a notice under section 235(1) or 238(3), as a lessee of a Section 240E(1)
lease, to make written application for permission to sell the lease.
Power, as a local government, to apply to the Minister to sell a lease. Section 240G
Power, as lessee of a forfeited lease, to apply to remove the lessee’s Section 243(1A)
improvements on the lease.
Power, as lessee of a forfeited lease, to remove the improvements with the Section 243(1)
written approval of the Minister.
Power to lodge a standard terms document and amend the standard terms Sections 318 &
document by lodging a further document. 319
Power, as a lessee, licensee or the holder of a sublease, to apply to transfer a Section 322(1B)
lease, sublease or licence under the Act with the approval of the Minister.
Power, as a lessee, licensee or the holder of a sublease, to appeal a decision Section 322(6)
of the Minister not to grant the transfer of a lease, sublease or licence.
Power to surrender freehold land on terms agreed between the Minister and Section 327
the registered owner and with the Minister’s written approval.
Power to surrender a lease or part of a lease on terms agreed between the Section 327A
Minister and the lessee and with the Minister’s written approval.
Power, as a registered owner, to apply to the Minister to surrender freehold Section 327B
land.
Power, as a lessee, to apply to the Minister to surrender all or part of a lease. Section 327C(1)
Power, as a lessee, to give notice of an intention to apply to the Minister to Sections 327C(2)
surrender all or part of a lease. and 327C(3)
Power, as owner of improvements on a lease that has been surrendered, to Section 327I(1)
apply to remove the owner’s improvements on the lease.
Power, as owner of improvements on a lease that has been surrendered, to Section 327I(2)
remove the owner’s improvements with the Minister’s written approval.
Power, as lessee, to give notice of the intention to surrender a lease. Section 329(1)
Power to seek the Minister’s approval to sublease a lease issued under the Sections 332(1)
Act. and 332(2)
Power to appeal against the Minister’s refusal to approve the sublease of a Section 332(6)
lease issued under the Act. and
Page 22 of 56
Section 23
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to seek the Minister’s approval to amend a sublease. Section 336
Power, as party to a sublease, to ask the chief executive to refer the dispute to Section 339B
mediation.
Power, as the registered owner or trustee, to surrender land if the description Section 358(1)
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 the Section 358(2)
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
Minister.
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, other than a State Section 360C(2)
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 of Section 360C(3)
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 363(1)(b)
utility provider or the owner of the land to be burdened.
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, as trustee of trust land, or as a lessee, licensee or permittee to start a Section 415
proceeding in the Magistrates Court for unlawful occupation or trespass of the
trust land, or a lease, licence or permit.
Power to make a submission in response to a notice received under the Act Section 420CB
about a proposed application.
Power to respond to a request from the Chief Executive for information listed in Section 420E
sections 420E(1)(a) and 420E(1)(b).
Power to apply to the Minister for a review of a decision. Section 423
Power to appeal to the Court against a decision. Section 427
Power, as licensee, to surrender all or part of an occupation licence, on terms Section 481A
agreed to between the Minister and the licensee and with the Minister’s written
approval.
Power, as a public utility provider or a licensee to apply to cancel or surrender Section 481B(1)
all or part of an occupation licence. and 481B(2)
Power, to give notice of an intention to, as a public utility provider or a Section 481B(4)
licensee, apply to cancel or surrender all or part of an occupation licence. and 481B(5)
Page 23 of 56
Section 24
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a licensee of an occupation licence that is cancelled or surrendered Section 481J(1)
absolutely, to apply to remove the licensee’s improvements on the licence.
Power, as a licensee, to remove the licensee’s improvements on the licence Section 481J(2)
with the written approval of the Minister.
Power, as licensee of an occupation licence, to carry out improvements or Section 482
development work on the licence only with the Minister’s written approval.
Power, as a local government, to apply to exchange the conditional deed for a Section 492(1)
reserve or deed of grant in trust with the local government as trustee or a lease
granted under the Land Act 1994.
Power to agree to an allocation or dedication of land from the State, where the Section 505(2)
land has become an asset of the State by virtue of section 231 (repealed) of
the Transport Infrastructure Act 1994.
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council;
resolutions, policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated
officer must exercise any delegated power in accordance with the scope and
limitations of the subject officer’s letter of appointment and/or, position description,
qualifications, technical knowledge and legislative requirements.
Page 24 of 56
Section 25
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: LAND PROTECTION
Delegation No: 2014-24
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Land Protection (Pest and Stock Route Management) Act 2002
Delegated Power:
1. To exercise powers of the council pursuant to the Land Protection (Pest and Stock Route
Management) Act 2002.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to cause a pest management plan for declared pests for Council’s local Sections 25,
government area, that complies with the requirements of the Land Protection 26, 27 28, and
(Pest and Stock Route Management) Act, to be drafted, publicly notified and 29
considered by the Minister.
Power to review, or renew, its pest management plan when the chief executive Section 33(1)
officer of the local government considers it appropriate.
Power to give a copy of an amended pest management plan to the Minister and Section 34
to amend the plan in response to feedback from the Minister.
Power to keep a copy of Council’s pest management plan available for Section 35
inspection.
Power to issue a ‘pest control notice’ pursuant to the Land Protection (Pest and Section 78
Stock Management) Act.
Power to consider and either grant or refuse an application to extend the Section 79
compliance period for a ‘pest control notice’.
Power to issue an entry notice if the owner has failed to comply with a ‘pest Sections 80
control notice’, including authorising a pest controller to enter the owner’s land and 81
and take the action stated in the notice.
Power to ask the person responsible for Sections 85
registering title to the land and dealings affecting the land to register the charge.
Power to prepare a stock route network management plan. Sections 105
Page 25 of 56
Section 26
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
to 109
inclusive
Power to review, or renew, its stock route Section 113
network management plan when the chief executive officer of the local
government considers it appropriate.
Power to by written notice, ask the applicant of a stock route permit to give further Section 117
reasonable information or documents about the application by the reasonable
date stated in the notice and refuse the application if the applicant does not
comply.
Power to grant or refuse an application for a stock route agistment permit. Section 118
Power to grant or refuse an application to renew a stock route agistment permit. Section 123
Powers to impose on a stock route agistment permit the reasonable conditions it Section 126
decides.
Power to amend the conditions of a stock route agistment permit. Section 127
Power to cancel a stock route agistment permit. Section 128
Power to require the holder of a stock route agistment permit to return the permit. Section 130
Power to ask the applicant to give the further reasonable information or Section 135
documents about the application, and to refuse the application if the applicant
does not comply.
Power to grant or refuse an application for for a stock route travel permit. Section 136
Power to require a stock route travel permit holder who gives a notice of the Section 141
correct particular to return the permit.
Power to impose on a stock route travel permit the reasonable conditions it Section 142
decides.
Power to amend a stock route travel permit. Section 143
Power to cancel a stock route travel permit. Section 144
Power to require the holder of a stock route travel permit to return the permit for Section 146
an amendment under a decision made under certain sections of the Act.
Power to consider it necessary to build a stock-proof fence on the boundary of Section 148
land adjoining a stock route network.
Power to issue a fencing notice. Section 149
Power to give a mustering notice. Section 156
Power to manager and conserve pasture on its stock route network. Section 160
Power to require an owner to reduce the number of stock on the land. Section 161(2)
Power to consent to the burning or removal of pasture. Section 180
Power to take action to comply with any notice given by the Minister in relation to Section 184
the administration and enforcement of the Land Protection (Pest and Stock Route
Management) Act.
Power to provide any information that the Minister may required in relation to: Section 188
(a) details of amounts payable to Council under the Land Protection (Pest and
Stock Route Management) Act; and
(b) functions or powers performed or exercised or required to be performed or
exercised by Council under the Land Protection (Pest and Stock Route
Management) Act.
Page 26 of 56
Section 27
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to appoint an authorised person to monitor compliance with the Land Section 241(1)
Protection (Pest and Stock Route Management) Act.
Power to cause to be published between 28 and 14 days before the Section 242
commencement of a pest survey program, details required by the Land
Protection (Pest and Stock Route Management) Act.
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter
of appointment and/or, position description, qualifications, technical knowledge and
legislative requirements.
Page 27 of 56
Section 28
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: LIQUOR LICENCE Delegation No: 2014-25
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Liquor Act 1992
Delegated Power:
1. To exercise powers of the council pursuant to the Liquor Act 1992.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to make comments in regard to the grant of an adult entertainment Section 107D(2)
permit.
Power to raise a matter and make comment to the chief executive, where Section 110(4)(a)
Council is consulted in relation to an application for an extended hours permit.
Power to: Section 117(2)
(a) comment on the reasonable requirements of the public in the locality; or
(b) object;
in respect of the grant of a relevant application.
Power to comment about particular applications. Section 117A
Power to make a submission about an application which requires a notice to Section 118A
be published under section 118 and a community impact statement to be given
under section 116.
Power to make comment in regard to the grant of an application generally. Section 121(c)
Power to designate a “public place” as a “designated area”, for the purposes of Section 173C(1)
permitting the consumption of liquor, and power to set the period or times and (2)
during which the designation will have effect.
Power to advertise the designation made under section 173C (1), and power to Section 173D(1)
erect signs advising of the designation, the period and times of the and (3)
designation.
Power to repeal or amend the designation under section 173C, and power to Section 173E (1)
advertise the repeal or amendment; erect signs that the designation has been and (3)
amended; or remove signs if the designation has been repealed
Power to display a notice regarding a designation at or near each entrance to Section 173M(1)
a place within a restricted area.
Page 28 of 56
Section 29
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to: Section 173N(1),
(a) suspend a restricted area designation for a public place for up to 10 (3) and (4)
days if the local government reasonably believes it is in the best
interests of the area’s residents to do so; and
(b) to display a notice about the suspension on each of the section 173M
notices about the restricted area designation while the suspension is in
force; and
(c) to notify the Queensland Police Service about the suspension.
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter
of appointment and/or, position description, qualifications, technical knowledge and
legislative requirements.
Page 29 of 56
Section 30
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: PLUMBING AND DRAINAGE Delegation No: 2014-27
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Plumbing and Drainage Act 2002
Standard Plumbing and Drainage Regulation 2003
Delegated Power:
1. To exercise the powers of the council pursuant to the Plumbing and Drainage Act 2002.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give a copy of a resolution which decides work for which a Section 83
compliance permit is not required to the chief executive and a distributor-
retailer (if applicable) and to make it available for inspection at Council’s
public office.
Power to carry out a compliance assessment of plans or work in relation to Section 84
compliance assessable work by or for a public sector entity and, if satisfied,
issue a compliance permit if it is a plan and a compliance certificate if it is for
a work.
Power, as a relevant service provider, to give written consent before a Section 84(5)
compliance permit or certificate is issued.
Power to respond to a compliance request for compliance assessment of a Section 85
plan for compliance assessable work, including requesting further
information, deciding the request and imposing reasonable and relevant
conditions.
Power to give a copy of a compliance permit to: Section 85(8)
a) The owner of premises to which a permit relates; and
b) The water services provider, where Council is not the provider, and the
work involves the installation of water meters.
Power, upon refusal to give a compliance permit or the grant of a compliance Section 85(10)
permit on conditions, to give the person who made the request an information
notice about the decision.
Power to assess and decide all requests for compliance assessment for Section 86
compliance assessable work according to the provisions of the Plumbing and
Drainage Act 2002 and Standard Plumbing and Drainage Regulation 2003.
Page 30 of 56
Section 31
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to decide not to assess on-site sewerage work if an approved person Section 86(6)
for the assessment gives Council a notice in the approved form verifying that
the work complies with the relevant compliance permit and the Standard
Plumbing and Drainage Regulation 2003.
Power to ask, after assessing compliance assessable work or after a Section 86(7)
compliance notice is given for on-site sewerage work, for a plan of the
assessed work.
Power to ask a person who has completed compliance assessable work in a Section 86A(3)(b)
remote area to supply a plan of the completed work.
Power to decide a request for compliance assessment of compliance Section 86A(4), (5)
assessable work in a remote area to which a resolution under section and (8)
86A(1)(b) applies and to give the compliance certificate or issue an
information notice.
Power to give a copy of a compliance certificate for compliance assessable Section 86A(6)
work in a remote area to which a resolution under section 86A(1)(b) to the
owner of the premises.
Power to give a copy of a resolution pursuant to section 86A(1)(b) to the chief Section 86A(9)
executive and to make it available for inspection at Council’s public office.
Power to replace a compliance certificate with a certificate that has different Section 86D
conditions for the ongoing operation, maintenance or testing of a relevant
greywater use facility or on-site sewerage facility.
Power to issue a written notice requiring a former holder of a compliance Section 86E
certificate for testing purposes to remove all or a stated part of a greywater
use facility or on-site sewerage facility.
Power to amend any compliance certificate for work for testing purposes if it Section 86G
is necessary or desirable due to changes in a relevant chief executive’s
approval.
Power, as a relevant entity, to give the Plumbing Industry Council notice of Section 87(3)(a)
the completion of notifiable work.
Power to assess notifiable work that has been completed following the giving Section 87(8)
of a notice pursuant to section 87(3)(a).
Power, as a relevant entity, to give a copy of the notice of completion of Section 87(9)
notifiable work to the owner of the premises where the work was carried out
or, if another person asked the relevant entity to carry out the work, the other
person.
Power to administer the Standard Plumbing and Drainage Regulation for Section 89
Council’s area, or those areas not under Council’s control that it has been
requested to administer by the entity that has control of the area.
Power to appoint those individuals that have the qualifications and Section 107
experience prescribed under the Standard Plumbing and Drainage
Regulation 2003 as an inspector for the purposes of the Plumbing and
Drainage Act 2002.
Power to issue an inspector’s instrument of appointment with or without Section 108
conditions limiting the inspector’s powers under the Plumbing and Drainage
Act 2002.
Page 31 of 56
Section 32
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to issue an identity card to each inspector appointed under section Section 109
107 of the Plumbing and Drainage Act 2002.
Power to issue show causes notices before a local government gives a Sections 115
person an enforcement notice under section 116(1)(a)(ii) to (iv) or (2) of the
Plumbing and Drainage Act2002.
Power to issue an enforcement notice to the owner of premises requiring the Section 116(1)
owner to do a stated thing.
Power to issue an enforcement notice to a person who has performed Section 116(2)
plumbing or drainage work requiring the person to do a stated thing.
Power to give an enforcement notice to the owner or occupier of the Section 117(2)(a)
premises to install a backflow prevention device.
Power to give an enforcement notice to the owner or occupier of the Section 117(2)(b)
premises to register a backflow prevention device that is required to be
registered under the Standard Plumbing and Drainage Regulation 2003.
Power to give an enforcement notice to the owner or occupier of the Section 117(2)(c)
premises to have a backflow prevention device inspected, tested and if
necessary repaired or replaced by a licensee licenced to do the work.
Power to authorise a person to dismantle or take away all or part of a grey- Section 127A
water treatment plant.
Power to authorise a person to dismantle or take away all or part of an on- Section 128
site sewerage facility.
Power to approve the disposal of the contents of a greywater treatment plant Section 128OA
into the infrastructure of the sewerage service provider for the area in which
the plant is located.
Power to approve the disposal of the contents (other than effluent) of an on- Section 128P(2)
site sewerage facility that has not been installed only for testing purposes.
Power to approve the disposal of effluent from an on-site sewerage facility Section 128P(4)
that has not been installed only for testing purposes.
Power to keep a copy of each compliance document and make compliance Section 143
documents available for inspection and purchase.
Power to keep a register of details of on site Section 143A
sewerage and greywater use facilities installed in the local government area
for which Council has given a compliance certificate.
Power to monitor greywater use facilities in Council’s local government area. Section 143B
Power to monitor an on-site sewerage facility installed for testing purposes in Section 143C
sewered areas in Council’s local government area.
2. To exercise the powers of the council pursuant to the Standard Plumbing and Drainage
Regulation 2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to request a reasonable number of copies of a plan the subject of a Section 14(6)
compliance request.
Power to request other information that the local government requires in relation Section
to the testing of a proposed greywater use facility. 14B(c)(ii)
Page 32 of 56
Section 33
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to request other information that the local government requires in relation Section
to work for testing purposes on an on-site sewerage facility. 14D(3)(c)(ii)
Power to accept a certification of a plan for compliance assessable work or on- Section 15
site sewerage work from a competent person where the Chief Executive Officer
has decided that part of the work is outside Council’s expertise.
Power to request information or documents to assess compliance assessable Section 18
work from a person who, because of section 83(2) of the Plumbing and
Drainage Act 2002, does not require compliance permit to perform regulated
work.
Power to test or commission plumbing or drainage the subject of compliance Section 27
assessable work carried out in a remote area.
Power to accept a notice of compliance under section 86A(3)(a) of the Act from Section 29
a person other than the person who performed the work.
Power to agree to assess, and assess, notifiable work for compliance with the Section 29A
regulation.
Power to give a rectification notice and an information notice Section 29B(2)
and 29B(6)
Power to give an information notice about a decision to give a rectification notice Section 29B(6)
Power to approve the continued use of a plumbing or drainage item that is not Section 30
certified and to require a person to have the item tested at the person’s cost.
Power to determine whether an item (that an inspector is satisfied is unsuitable Section 32
for a particular use) may:
(a) not be installed or used; or
(b) be approved for installation or use with either a protective coating, lining or
wrapping or another plumbing or drainage item.
Power to decide that a supply pipe for premises or a premises group cannot Section 34(1)
give an efficient water supply for the premises or premises group.
Power to require for a supply pipe for a premises: Section 34(2)
(a) part or all of the supply pipe (premises main) to be built to the standard of a
water main;
(b) the premises main to supply directly each separately occupied part of the
premises;
(c) the premises main to supply directly each fire service within the premises.
Power to require for a supply pipe for a premises group: Section 34(3)
(a) part of the supply pipe (premises group main) to be built to the
standard of a water main;
(b) each separately occupied part of the premises group to be served
directly by a supply pipe connected to the premises group main; and
(c) each separately occupied part of the premises group that is to have a
fire service to be served directly by a fire service connected to the
premises group main.
Power to require the sanitary drainage for premises or a group of premises to be Section 35
of a standard of a sewer forming part of Council’s or another service provider’s
sewerage system.
Page 33 of 56
Section 34
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to implement and maintain a program for the registration, maintenance Section 38
and testing of testable backflow prevention devices.
Power to approve the design and location of a grease arrestor. Section 39
Power to approve air-cooling equipment’s connection to a supply pipe. Section 41
Power to approve hydraulic powered equipment’s connection to a supply pipe. Section 44
Power to approve a pipe carrying water supplied by the local government or Section 45
other service provider to be:-
(a) connected to a water storage tank used to store water obtained from
another source or;
(b) discharged into a water storage tank used to store water obtained from
another source.
Power to approve a water closet pan, urinal or another fixture below the level of Section 47
the sewer or on-site sewerage facility.
Power to issue a notice to the owner of a new building and an old building, Section 52
requiring:-
(a) the owner of the new building to pay the reasonable costs of changing the
vents of the old building; and
(b) the owner of the old building to change the vents.
Power to determine the qualifications, skills and experience that an individual Section 53
should have to be competent to assess plumbing and drainage work.
Power to perform maintenance work on existing combined sanitary drains, Section 54
apportion the reasonable costs between or among the owners and recover from
each owner, the owner’s share of Council’s costs.
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter of
appointment and/or, position description, qualifications, technical knowledge and legislative
requirements.
Page 34 of 56
Section 35
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: PUBLIC HEALTH Delegation No: 2014-28
Delegation by the Council to:
Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Public Health Act 2005
Public Health Regulation 2005
Delegated Power:
1. To exercise powers of the council pursuant to the Public Health Act 2005.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce the Act regarding local government public Section 13
health risks and a regulation made under section 61 stating that the regulation is
to be administered and enforced by local governments only.
Power, as an issuing authority, to apply to a magistrate for an order enforcing a Section 24(2)
public health order (an enforcement order).
Power, as an issuing authority, to enter a place to take steps to remove or Section 27(2)(b)
reduce the risk to public health from the public health risk or prevent the risk to
public health from recurring, if ordered by a magistrate.
Power, as an issuing authority, to recover the amount, plus interest, a person Section 31
has been ordered to pay under an enforcement order as an overdue rate
payable to Council under the Local Government Act 2009.
Power to lodge a request to register with the registrar of titles, in the appropriate Section 32
form over the land, an unpaid amount, including interest, that is payable to
Council under an enforcement order relating to a public health risk on land
owned by a person as a charge on the land.
Power to consult with the chief executive before the chief executive authorises a Section 36(5)
prevention and control program which relates to Council’s local government
area.
Power, as a water service provider1, to inform the authorised person that Section 57B
Council believes that it has complied with an improvement notice issued under
this division.
1
Excludes SE Qld Councils
Page 35 of 56
Section 36
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to enter into an agreement with the chief executive for the disclosure of Sections
confidential information. 84(1)(b)(i) and
(2)(a),
226(1)(b)(i) and
(2)(a),
244(1)(b)(i) and
(2)(a), and
269(1)(b)(i) and
(2)(a)
Power, as an issuing authority, to enter the place, at reasonable times, to take Section 388(2)
the steps stated in a public health order where the person has failed to comply
the order.
Power, as an issuing authority, to give the occupier and owner of a place a Section 393(2)
notice required under the section, where an authorised person intends to enter
the place to take steps required under a public health order.
Power, as an issuing authority, to recover the amount payable, including Section 406
interest, of the reasonable costs and expenses incurred by Council in exercising
powers under section 388 or 405 as an overdue rate payable to Council under
the Local Government Act 2009.
Power, as an issuing authority, to lodge with the registrar of titles, in the Section 407
appropriate form over the land, a request to register an unpaid amount,
including interest, that is payable to Council for steps taken by it on land owned
by a person as a charge on the land.
Power, as an owner of a thing seized by an authorised person, to inspect the Section 415
thing and, it if is a document, to copy it.
Power to apply to the court for an order against a person convicted of an offence Section
against the Act for the payment of the costs Council has incurred in taking a 443(1)(b)
thing or doing something else during the investigation of the offence.
Power to deal with a thing forfeited as Council considers appropriate, including Section 446
destroying the thing.
Power, as an owner of a thing forfeited to a relevant entity under section 413(1), Section 450
to appeal against a decision resulting in the forfeiture of the thing.
2. To exercise powers of the council pursuant to the Public Health Regulations 2005.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce Part 1A, Divisions 1, 2 and 3. Sections 2C,
2M, and 2T
Power to approve a site for the disposal of asbestos waste. Section 2I(2)(c)
Page 36 of 56
Section 37
ATTACHMENT 1
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter
of appointment and/or, position description, qualifications, technical knowledge and
legislative requirements.
Page 37 of 56
Section 38
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: FOOD PREMISES Delegation No: 2014-31
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Food Act 2006
Food Production Safety Act 2000
Delegated Power:
1. To exercise powers of the council pursuant to the Food Act 2006.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce the following provisions of the : Section 23(1)
(a) section 39(1);
(b) chapters 3 and 4;
(c) chapter 6, other than section 159.
Power to administer and enforce sections 32, 33, 35 and 36 of the Food Act, in Section 24
conjunction with the State.
Power to agree with the chief executive that the State may do a thing that is a Section 25(1)(a)
matter of administration and enforcement for local government under section
23(1) of the .
Power to agree with the chief executive that Council may do a thing that is a Section 25(1)(b)
matter of administration and enforcement for the State under section 22(1) of
the .
Power to consult with the chief executive, and provide information required by Section 28
the chief executive, about the administration and enforcement of sections 24
and 25 of the .
Power to consider and grant, or refuse to grant, an application for a licence to Section 55
carry on a licensable food business.
Power to obtain and consider the written advice of an auditor about whether a Section 56(2)
food safety program complies with section 98.
Power to decide whether premises are suitable for carrying on a licensable food Section 58
business.
Power to make enquiries as to the suitability of the applicant to hold a licence, Section 59(1)(a)
and the suitability of the premises for carrying on a licensable food business.
Page 38 of 56
Section 39
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to require the applicant to give Council further information or documents Section 59(1)(b)
that Council reasonably requires.
Power to extend the time needed to make a decision about the application. Section 62(2)
Power to agree with the applicant, at any time prior to the final consideration Section 62(3)
day, about the day upon which the application must be decided.
Power to issue a provisional licence, at any time prior to deciding an application Section 64
for a licence.
Power to decide the term of the licence. (Note: not more than 3 years). Section 67
Power to decide the term of the provisional licence. (Note: not more than 3 Section 68(1)
months).
Power to extend, and further extend, the term of a provisional licence (to a total Section 68(2)
period of not more than 3 months after the provisional licence was issued).
Power to impose reasonable conditions on the licence. Section 69(1)(e)
Power to consider and renew, or refuse to renew, the licence for an application Section 72(3)
made under section 72(1) of the Food Act.
Power to consider and restore, or refuse to restore, the licence, where Section 73(3)
application has been made under section 73(1) of the Food Act.
Power to consider and amend, or refuse to amend, a licence, where application Section 74(3)
has been made under section 74(1) of the Food Act.
Power to require the applicant to give Council further information or documents Section 75(1)
Council reasonably requires to decide the application (for an application that is
made under Chapter 3, Part 5, Division 2, Subdivision 1, i.e. sections 72(1),
73(1) and 74(1)).
Power to give an information notice where Council has failed to decide an Section 77(4)
application within 30 days of receipt under Chapter 3, Part 5, Division 2,
Subdivision 1, i.e. Sections 72(1), 73(1) and 74(1).
Power to give a show cause notice. Section 79(2)
Power to consider representations about a show cause notice. Section 80(2)
Power to end the show cause process after considering representations made Section 81
by the licensee.
Power to suspend a licence after considering representations (if any). Section 82(2)(a)
Power to cancel a licence after considering representations (if any). Section 82(2)(b)
Power to suspend a licence immediately. Section 83(1)
Power to give an information notice and show cause notice, as required, before Section 83(2)
suspending a licence pursuant to section 83(1).
Power, as the second local government, to take the same action as the first Section 90(1)
local government (except the power to cancel, suspend impose conditions or
other similar action in relation to the licence).
Power, as the second local government, to advise the first local government of Section 91(2)
the thing done or omitted to be done by a licensee of a mobile food business.
Page 39 of 56
Section 40
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the first local government, to take action, in relation to a thing done or Section 92(2)
omitted to be done by the licensee in the second local government area.
Power to consider and grant, or refuse to grant, an application for a replacement Section 97
licence.
Power to consider an application and to accredit, or refuse to accredit, the food Section 103(1)
safety program.
Power to obtain and consider the written advice of an auditor about whether or Section 103(2)
not the food safety program complies with the criteria in section 104.
Power, before deciding the application, to require the applicant to give further Section 105(1)
information or documents reasonably required to decide the application.
Power to give an information notice to the applicant where the application is Section 107(4)
refused under section 107.
Power to decide that more time is needed to make a decision about the Section 108(1)
application.
Power to agree with the applicant, at any time prior to the final consideration Section 108(3)
day, about the day upon which the application must be decided.
Power, after accrediting an applicant’s food safety program, to decide how often Section 109(2)
the program must have compliance audits.
Power to determine changes to the frequency of compliance audits for a food Section 110
safety program accredited by Council.
Power to consider an application and approve, or refuse to approve, the Section 112(4)
amendment of an accredited food safety program.
Power, before deciding the application, to require the applicant to give further Section 113(1)
information or documents reasonably required to decide the application.
Power, by notice, to direct the holder of a Council accredited food safety Section 114
program to amend the program.
Power to give the holder of a food safety program a show cause notice, and to Section 118
decide the term of the show cause period.
Power to consider representations about a show cause notice. Section 119
Power, after considering written representations by the holder of the accredited Section 120
food safety program, to take no further action.
Power to cancel the accreditation of a food safety program. Section 121 (2)
Power to conduct a non-conformance audit of a food safety program. Section 160(2)
Power to approve an improvement notice where remedying the contravention Section 210(2)
would be likely to stop the food business from operating.
Power, as the ‘reviewer’, to review an original decision under Chapter 3 or Section 237
Chapter 4 of the Food Act.
Page 40 of 56
Section 41
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as reviewer, to, at any time, extend the time to apply for a review. Section 238(2)
Power, as reviewer, to, after reviewing the original decision, make a further Section 239
decision to:
(a) confirm the original decision; or
(b) amend the original decision; or
(c) substitute another decision for the original decision.
2. To exercise powers of the council pursuant to the Food Production Safety Act 2000.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to approve the appointment of an employee of Council as an authorised Section 83
officer by Safe Food Production (QLD).
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter
of appointment and/or, position description, qualifications, technical knowledge and
legislative requirements.
Page 41 of 56
Section 42
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: TORUMS - TRANSPORT OPERATIONS
(ROAD USE MANAGEMENT) Delegation No: 2014-33
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Transport Operations (Road Use Management) Act 1995
Delegated Power:
1. To exercise powers of the council pursuant to the Transport Operations (Road Use
Management) Act 1995.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to install and remove official traffic signs on Council’s roads, off-street Section 69
regulated parking areas and, with the chief executive’s written consent, on
declared roads.
Power to install official traffic signs where reasonably satisfied that there is a Section 71
danger, hindrance, and obstruction to traffic or other emergency.
Power to take proceedings against a person who has committed an offence Section 74(2)
under section 74(1) of Transport Operations (Road Use Management) Act.
Power to remove unauthorised traffic signs. Section 75(1)
Power to commence proceedings against a person who has injured one of Section 76(1)
Council’s official traffic signs.
Power to remove and detain at a place for safe keeping any vehicles, trams and Section 100
animals and any goods, equipment or thing contained in, on or about the vehicle,
tram or animal at the time of removal that are considered on reasonable grounds
to be abandoned on a road or left on a road unattended or found on a road,
where their presence is hazardous any vehicles, trams and animals that are
abandoned on a road.
Power to regulate parking in its area on a road (other than a declared road), on a Section 101(1)
declared road (with the chief executive’s written permission) or on an off-street
regulated parking area.
Power to regulate parking by installing official traffic signs indicating how parking Section 102(1)
is regulated.
Power to exercise control over land for use as an off-street parking area under an Section 104
arrangement with a person who owns or has an interest in the land.
Page 42 of 56
Section 43
ATTACHMENT 1
Power to install a parking meter or park at area for a designated parking space if Section 105(5)
it is installed in a way specified by the MUTCD or approved by the chief
executive.
Power to enter into an agreement with the commissioner of police in respect of Section 109(1)
annual or periodical payments to the commissioner of police for costs incurred in
the carrying out of duties by police officers enforcing parking regulations.
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter
of appointment and/or, position description, qualifications, technical knowledge and
legislative requirements.
Page 43 of 56
Section 44
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: STATE PENALTIES ENFORCEMENT Delegation No: 2009-36
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
State Penalties Enforcement Act 1999
Delegated Power:
1. To exercise powers of the council pursuant to the State Penalties Enforcement Act 1999.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as administering authority, to approve (or refuse where the Section 23
conditions in this section have not been complied with) an
application for payment of a fine by instalments.
Power, as administering authority, to submit particulars required for Section 24(1)
registration of approval of instalment payments with the State
Penalties Enforcement Registry.
Power, as administering authority, to withdraw an infringement Section 28(1)
notice.
Power, as administering authority, to give the State Penalties Section 33(1)
Enforcement Registry a default certificate for registration in respect
of any recipient of an infringement notice who has not taken action
within the time period provided by the infringement notice.
Power, as administering authority, to Section 57(5)
(a) commence proceedings against an applicant for an offence;
or
(b) accept payment of the fine in full; or
(c) issue a fresh infringement notice
where the registrar has cancelled an enforcement notice and
referred the matter back to Council.
Power to approve forms for use as infringement notices. Section 162
Page 44 of 56
Section 45
ATTACHMENT 1
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter
of appointment and/or, position description, qualifications, technical knowledge and
legislative requirements.
Page 45 of 56
Section 46
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: WASTE REDUCTION & RECYCLING Delegation No: 2014-50
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Waste Reduction and Recycling Act 2011
Waste Reduction and Recycling Regulation 2011
Delegated Power:
1. To exercise powers of the council pursuant to the Waste Reduction and Recycling Act 2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
NOTE: The State (via DERM as it was previously known) has delegated certain
powers of the chief executive to local governments under section 263(1)(b) of the
Waste Reduction and Recycling Act 2011 This has been done via:
the Waste Reduction and Recycling (Local Government – Waste
Management) Delegation (No. 1) 2012; and
the Waste Reduction and Recycling (Authorised Persons) Delegation (No. 1)
2012.
Both delegations specifically include the power to sub-delegate to an
“appropriately qualified entity”
Power, as the operator of a waste disposal site required to hold an environmental Section 43
authority for the disposal of more than 10000t of waste in a year at the site to
install prescribed under a regulation, to install and keep in proper working order,
a weighbridge (Nb. this obligation does not come into operation until the day
provided in section 8(2) of the Regulation).
Power, as the operator of a waste disposal site at which a weighbridge is Section 44
installed, to measure and record waste.
Power, as the operator of a waste disposal site, to prepare a waste data return Section 52
for each reporting period.
Power to apply to the chief executive for accreditation as scheme manager for a Section 89
voluntary product stewardship scheme.
Power, as a participant in an accredited stewardship scheme, to amend the Section 95
scheme by agreement with all other participants in the scheme.
Power, as scheme manager of an accredited stewardship scheme that the Section 97
minister is proposing to revoke, to make written submissions to show why the
proposed action to revoke the accreditation should not be taken.
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Section 47
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as delegate of the chief executive administering the Act, to give a notice Section 110
to an adult person.
Power, as delegate of the chief executive administering the Act, to give a notice Section 111
to an adult person.
Power, as delegate of the chief executive administering the Act, to direct a Section 112
responsible entity to collect material from premises.
Power, as a local government, to prepare and implement a waste reduction and Section 123
recycling plan (Nb. this obligation does not commence until 30 June 2015).
Power to make written submissions where the chief executive intends to prepare Section 128
a waste reduction and recycling plan for the local government to address an
aspect that is relevant to the local government.
Power, as a local government, to give the chief executive a report about the Section 147
operation, in the financial year, of all the local government’s waste reduction and
recycling plans in force in its local government area (Nb. this obligation does not
commence until 2 months after 30 June 2015).
Power, as a reporting entity, to give the chief executive a report about the entity’s Section 152
receiving, sorting, recycling, treatment or disposal of waste in the financial year.
Power to apply to the chief executive for a specific approval of a resource. Section 157
Power to agree with the chief executive to extend the time for providing additional Section 158
material requested by the chief executive on an application for a specific approval
of a resource.
Power, as holder of a specific approval of a resource, to apply to the chief Section 168
executive to transfer the benefit of the approval or amend the approval.
Power to agree with the chief executive to extend the time for providing additional Section 169
material requested by the chief executive on an application to transfer or amend
a specific approval of a resource.
Power, in relation to an approval which the minister intends to amend, cancel or Section 172
suspend, to make written submissions to show why the proposed actions should
not be taken.
Power, where given, or entitled to be given, an information notice for a decision, Section 175
to apply to the chief executive for an internal review of the decision.
Power, where an internal review application has been made, to apply for a stay of Section 177
the original decision.
Power, where given, or entitled to be given, a QCAT information notice under Section 180
section 179 of the Waste Reduction and Recycling Act 2011, to apply to QCAT,
under the QCAT Act, for external review of the decision.
Power, as delegate of the chief executive administering the Act, to appoint a Section 183
person as an authorised person. and
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Section 48
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as delegate of the chief executive administering the Act, to issue an Section 187
identity card to an authorised person.
Power, as delegate of the chief executive administering the Act, to give a show Section 246
cause notice.
Power, as delegate of the chief executive administering the Act, to give a Sections 248
compliance notice. and 249
Power, as delegate of the chief executive administering the Act, to give a notice Sections 253
requiring the person to commission a waste audit and to provide a waste report
on the audit.
2. To exercise powers of the council pursuant to the Waste Reduction and Recycling Regulation
2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to decide the frequency of general waste or green waste collection in Section 7(b)
designated areas.
Power to give the information required by sections 41Q(2) and 41Q(3) to the Section 41Q
Chief Executive
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter
of appointment and/or, position description, qualifications, technical knowledge and
legislative requirements.
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Section 49
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: FIRE AND RESCUE SERVICES Delegation No: 2014-59
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Queensland Fire and Rescue Services Act 1990
Delegated Power:
1. To exercise the powers of council pursuant to the Queensland Fire and Rescue Services Act
1990.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to comply with a requisition notice. Section 69
Power to consult with the commissioner about a notice under section 104G(1). Section
104G(2)
Power to consult with an authorised officer about a notice under section 104I(7) Section 104I(9)
or (8).
Power to nominate a person to be appointed an assessor by the commissioner Section
to help QCAT in section 104SG(1) proceedings. 104SI(2)(b)(ii)
Power to furnish to the chief executive a return disclosing the particulars Section 109(1)
prescribed under a regulation relating to certain properties.
Power to collect annual contributions and other amounts imposed by the local Section 111(2)
government pursuant to Part 10 of the Fire and Rescue Service Act.
Power to, in respect of each financial year: Section 112
(a) determine the prescribed properties within its area; and
(b) determine the annual contributions payable in respect of prescribed
properties by reference to the categories prescribed under a regulation
made under section 108.
Power to give the chief executive information which is relevant to the Section 113(3)
determination of an appeal against a local government’s determination, if
required by the chief executive.
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Section 50
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to comply with a requisition notice. Section 69
Power to amend, revoke or revoke and give a new levy notice if the chief Section 113(5)
executive allows an appeal.
Power to refund to the appellant any amount paid in respect of contributions, for Section 113(7)
the financial year to which the notice relates and for any previous financial year,
in excess of the amount calculated in accordance with the chief executive’s
determination.
Power to decide the way in which it keeps an administration fee for performing Section 117(3)
functions under Part 10 of the Fire and Rescue Service Act.
Power to make payments to the department, for the fund, out of its operating Section 118(1)
fund from moneys received or recovered by the local government under Part 10
.
Power to prepare and submit a return in the approved form Section 118(4)
Power to refuse or grant, subject to any conditions, an application to pay Section 121(2)
contributions by instalments.
Power to engage a commercial agent (licensed as such under the Property Section 126(1)
Agents and Motor Dealers Act 2000) to collect annual contributions in arrears
and recover the costs of those services.
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter of
appointment and/or, position description, qualifications, technical knowledge and legislative
requirements.
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Section 51
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: SUMMARY OFFENCES Delegation No: 2014-60
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Summary Offences Act 2005
Summary Offences Regulation 2006
Delegated Power:
1. To exercise the powers of the council pursuant to the Summary Offences Act 2005;
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to authorise a person to busk in a public place. Section 8(2)(b)
Power to recover from the owner of a place, as a debt, any damages, Section 32(3)
including costs, paid by Council under section 32(2), if the breach of duty by
the owner that caused the injury to ,or death of, a local graffiti removal officer
amounts to gross negligence.
Power to make an agreement with the owner of a place in relation to the fee Section 33(2)
payable by Council to the owner for the removal of public graffiti by the
owner.
2. To exercise the powers of the council pursuant to the Summary Offences Regulation 2006.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to consult with an entity that intends to make an application for an Section 10(1)(a)
area of public land to be prescribed as motorbike control land about the
proposal.
Power, as entity having a legitimate interest in the area, to consult with a Section 14(3)
government entity for the purposes of reviewing the number and location of
prescribed areas of motorbike control land.
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Section 52
ATTACHMENT 1
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter of
appointment and/or, position description, qualifications, technical knowledge and legislative
requirements.
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Section 53
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: SURVEY AND MAPPING INFRASTRUCTURE Delegation No: 2014-61
Delegation by the Council to:
Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 – Section 257
Survey Mapping and Infrastructure Act 2003
Delegated Power:
1. To exercise the powers of the council pursuant to the Survey Mapping and Infrastructure Act
2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an owner or occupier of land, to consent to a surveyor placing a Section 21(2)
permanent survey mark on the land.
Power, as a public authority that placed, or requested to be placed, a survey Section 34
mark, to give to the chief executive a copy of a survey plan or other information
necessary to establish a survey mark as a recognised permanent survey mark.
Power, where the survey mark is on a road under the control of Council, to Section 39
maintain the integrity of survey markers, and provide updated information to
the survey control register.
Power, as a public authority, where the survey mark is on land, other than Section 40
roads, controlled by Council, to maintain the integrity of survey markers, and
provide updated information to the survey control register.
Power, as a public authority, where a person interferes with a recognised Section 44
permanent survey mark, to take action reasonably necessary to reinstate the
physical and survey integrity of a recognised permanent survey marker.
Power, as a public authority, to provide the chief executive with information Section 49
about the boundaries of an administrative area.
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Section 54
ATTACHMENT 1
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter of
appointment and/or, position description, qualifications, technical knowledge and legislative
requirements.
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Section 55
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: LOCAL LAWS Delegation No: 2014-26
Delegation by Council to: Council Resolution date:
Chief Executive Officer
Delegation by the Chief Executive Officer: Date:
Source of Authority:
Local Government Act 2009
Local Government (De-amalgamation Implementation) Regulation 2013
Noosa Shire Council Local Law No. 1 (Administration)2011
Noosa Shire Council Subordinate Local Law No. 1 (Administration)2011
Noosa Shire Council Local Law No. 2 (Animal Management) 2011
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2011
Noosa Shire Council Local Law No. 3 (Community Health and Environmental Management) 2011
Noosa Shire Council Subordinate Local Law No. 3 (Community Health and Environmental
Management) 2011
Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities, Infrastructure
and Roads) 2011
Noosa Shire Council Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities,
Infrastructure and Roads) 2011
Noosa Shire Council Local Law No. 5 (Parking) 2011
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2011
Noosa Shire Council Local Law No. 6 (Bathing Reserves) 2011
Noosa Shire Council Subordinate Local Law No. 6 (Bathing Reserves) 2011
Delegated Power:
1. To exercise the powers of local government under the Local Government’s Local Laws
including but not limited to the following:
(a) keep and maintain a register;
(b) approve a form, accept or obtain a certificate, renew, refuse, extend, transfer,
amend, suspend, restrict, request further reasonable information or clarification,
impose prescribed conditions, cancel, make null and void, apply and amend
conditions, waive requirements and grant an approval2;
(c) give a written, information, impounding, show cause or compliance notice;
(d) take a sample for analysis;
(e) offer a reward for information;
(f) recover the cost of an action from the responsible person;
(g) review an original decision;
(h) extend the time for making a review on an original decision;
2
An approval means a consent, permit, authorisation, registration, membership, label or approval under a
local government act or a local law and includes all the conditions of a consent, permit, authorisation,
registration, membership or approval.
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Section 56
ATTACHMENT 1
(i) give a stop order;
(j) advise the community by signage from where animals are prohibited, or the
designation of dog off leash areas;
(k) declare or revoke an animal other than a dog to be a declared dangerous animal;
(l) establish an animal pound3 or join with another local government or agency to
establish an animal pound;
(m) keep and make available for inspection a register of impounded animals;
(n) make a destruction order and destroy an animal;
(o) dispose of or offer an animal for sale by public auction or tender;
(p) erect, install and maintain a sign;
(q) give a relevant place a name;
(r) seize, impound and dispose of goods;
(s) form an opinion for land adjoining a road to be fenced to prevent risk; and
(t) issue a parking permit.
2. To exercise the powers of local government under Noosa Shire Council Local Law No. 6
(Bathing Reserves) 2011 including the authority to appoint:
(a) an employee of the local government as an authorised person;
(b) other persons who are eligible for appointment as authorised persons under the
Local Government Act 2009;
(c) assign to a lifesaving club the responsibility for patrolling a bathing reserve.
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical
knowledge and legislative requirements.
3
Subject to the Sustainable Planning Act 2009
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