2017-06-29 Special Meeting - Agenda Item 2 - New delegations for the Planning Act 2016, Planning Regulation 2017 and Development Assessment Rules

DESCRIPTION OF POWER DELEGATED                                            LEGISLATION
Power to consult with a private certifier before giving an enforcement Section 169
notice.
Power to give notice of the giving or withdrawal of an enforcement notice Section 170
to the chief executive.
Power to bring offence proceedings for an offence against the Act.        Section 174
Power to consent to proceedings being brought on behalf of the Section 175(1)(a)
corporation.
Power, as an enforcement authority, to:-                             Section 176(10)
a) take the action required under the enforcement order; and
b) recover the reasonable cost of taking the action as a debt to the
   authority from the defendant.
Power, as an enforcement authority in an offence proceeding, to apply for Section 178(1)(b)
an order for the payment of the expenses.
Power to the start proceedings in the P&E Court for an enforcement order. Section 180
Power, as an enforcement authority, to:-                             Section 180(13)
a) take the action required under the enforcement order; and
b) recover the reasonable cost of taking the action as a debt to the
   authority from the respondent.
Power to apply to the P&E Court to cancel or change an enforcement Section 181(4)
order or interim enforcement order.
Power, as an enforcement authority in an offence proceeding, to apply for Section 214
a disposal order.
Power to make a claim for compensation from the State where Council Section 221
incurs loss because of the exercise, or purported exercise, of a power by
or for an inspector.
Power as an appellant to start an appeal.                                 Sections 229(2) and
                                                                          230
Power as a respondent or co-respondent to be heard in an appeal.          Section 229(4)
Power, where an appeal is only about a referral agency’s response, to Section 229(5)
apply to the tribunal or P&E Court to withdraw from the appeal.
Power to elect to be a co-respondent in an appeal.                        Section 230(6)
Power to start proceedings for a declaration by a tribunal. For avoidance Sections 239(1), 240
of doubt, the power delegated includes the power to take all actions and 241,
detailed in sections 239(1), 240 and 241.
Power to give the registrar information that the registrar reasonably     Section 246(2)
requires for the proceedings.
Power to appear as a party to a tribunal proceeding.                      Section 248
Power to make submissions to the tribunal.                                Section 249
Power to give notice to the Registrar once a tribunal’s direction or order Section 257
has been complied with.
Power to give an applicant the planning and development certificate Section 265
applied for.




                                                                                  Page 6 of 10