2014-07-22 Planning & Organisation Committee Agenda Item 13 Attachment 1

                                                                           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.

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