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

of 56

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                                                                              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
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