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ANNUAL REVIEW - REGISTER OF DELEGATIONS - COUNCIL TO CEO · Attachment 1 - 2024 Register of Delegations – Council to Chief Executive Officer
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ATTACHMENT 1
2024 Register of Delegations
Council to Chief Executive Officer
Table of Contents
Note ................................................................................................................................................................................................................................................................. 5
1. Animal Management (Cats and Dogs) Act 2008.........................................................................................................................................................................6
2. Biosecurity Act 2014............................................................................................................................................................................................................................ 12
3. Biosecurity Regulation 2016 ............................................................................................................................................................................................................ 25
4. Body Corporate and Community Management Act 1997 .....................................................................................................................................................27
5. Body Corporate and Community Management (Accommodation Module) Regulation 2020 ............................................................................... 28
6. Body Corporate and Community Management (Commercial Module) Regulation 2020 ........................................................................................ 29
7. Body Corporate and Community Management (Small Schemes Module) Regulation 2020................................................................................... 30
8. Body Corporate and Community Management (Specified Two-lot Schemes Module) Regulation 2011 ............................................................. 31
9. Body Corporate and Community Management (Standard Module) Regulation 2020 .............................................................................................. 32
10. Building Act 1975 ............................................................................................................................................................................................................................... 33
11. Building Regulation 2021.................................................................................................................................................................................................................. 50
12. Coastal Protection and Management Act 1995 ..................................................................................................................................................................... 52
13. Disaster Management Act 2003 ................................................................................................................................................................................................. 59
14. Disaster Management Regulation 2014 ..................................................................................................................................................................................... 61
15. Electricity Act 1994 ........................................................................................................................................................................................................................... 62
16. Electricity Regulation 2006............................................................................................................................................................................................................ 64
17. Electrical Safety Act 2002 .............................................................................................................................................................................................................. 65
18. Electrical Safety Regulation 2013 ................................................................................................................................................................................................. 71
19. Environmental Offsets Act 2014................................................................................................................................................................................................... 86
20. Environmental Offsets Regulation 2014 ................................................................................................................................................................................... 89
21. Environmental Protection Act 1994 ............................................................................................................................................................................................. 91
22. Environmental Protection Regulation 2019 ............................................................................................................................................................................ 127
23. Environmental Protection (Water and Wetland Biodiversity) Policy 2009 .................................................................................................................. 141
24. Fire and Emergency Services Act 1990 ...................................................................................................................................................................................142
25. Food Act 2006 ................................................................................................................................................................................................................................ 150
26. Food Production (Safety) Act 2000 ......................................................................................................................................................................................... 160
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Section 2
2024 Register of Delegations
Council to Chief Executive Officer
27. Heavy Vehicle (Mass, Dimension and Loading) National Regulation ............................................................................................................................ 161
28. Heavy Vehicle National Law (QLD) .......................................................................................................................................................................................... 164
29. Heavy Vehicle National Law Regulation 2014 ....................................................................................................................................................................... 167
30. Human Rights Act 2019 ................................................................................................................................................................................................................. 167
31. Industrial Relations Act 2016 ........................................................................................................................................................................................................ 170
32. Industrial Relations Regulation 2018 ........................................................................................................................................................................................ 199
33. Information Privacy Act 2009 ................................................................................................................................................................................................... 200
34. Justices Act 1886..............................................................................................................................................................................................................................211
35. Land Act 1994................................................................................................................................................................................................................................... 212
36. Land Regulation 2020 ................................................................................................................................................................................................................. 246
37. Land Title Act 1994........................................................................................................................................................................................................................ 249
38. Land Valuation Act 2010..............................................................................................................................................................................................................262
39. Liquor Act 1992 .............................................................................................................................................................................................................................. 263
40. Local Government Act 2009..................................................................................................................................................................................................... 266
41. Local Government Regulation 2012......................................................................................................................................................................................... 287
42. Local Laws ........................................................................................................................................................................................................................................ 318
43. Medicines and Poisons (Pest Management Activities) Regulation 2021.................................................................................................................... 320
44. Medicines and Poisons (Poisons and Prohibited Substances) Regulation 2021......................................................................................................325
45. Nature Conservation (Animals) Regulation 2020 ............................................................................................................................................................... 331
46. Nature Conservation (Plants) Regulation 2020 .................................................................................................................................................................. 336
47. Peaceful Assembly Act 1992 ......................................................................................................................................................................................................342
48. Planning Act 2016 ......................................................................................................................................................................................................................... 344
49. Planning Act 2016 – Development Assessment Rules ...................................................................................................................................................... 361
50. Planning Regulation 2017 ............................................................................................................................................................................................................. 371
51. Planning and Environment Court Act 2016 ............................................................................................................................................................................ 376
52. Plumbing and Drainage Act 2018 ............................................................................................................................................................................................. 379
53. Plumbing and Drainage Regulation 2019 ............................................................................................................................................................................. 383
54. Public Health Act 2005................................................................................................................................................................................................................ 392
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Section 3
2024 Register of Delegations
Council to Chief Executive Officer
55. Public Health Regulation 2018 .................................................................................................................................................................................................. 400
56. Public Health (Infection Control Appearance Services) Act 2003................................................................................................................................ 401
57. Public Interest Disclosure Act 2010 ...........................................................................................................................................................................................412
58. Public Records Act 2002 ............................................................................................................................................................................................................. 413
59. Queensland Heritage Act 1992 ................................................................................................................................................................................................. 416
60. Queensland Reconstruction Authority Act 2011 ...................................................................................................................................................................421
61. Rail Safety National Law (Queensland) ...................................................................................................................................................................................425
62. Residential Services (Accreditation) Act 2002 ................................................................................................................................................................... 429
63. Retail Shop Leases Act 1994..................................................................................................................................................................................................... 430
64. Right to Information Act 2009 ...................................................................................................................................................................................................442
65. Safety in Recreation Water Activities Act 2011 ................................................................................................................................................................... 446
66. State Penalties Enforcement Act 1999................................................................................................................................................................................... 447
67. State Penalties and Enforcement Regulation 2014 ........................................................................................................................................................... 450
68. Statutory Bodies Financial Arrangements Act 1982 ......................................................................................................................................................... 453
69. Stock Route Management Act 2002 ..................................................................................................................................................................................... 454
70. Stock Route Management Regulation 2023 ........................................................................................................................................................................ 457
71. Summary Offences Act 2005..................................................................................................................................................................................................... 458
72. Summary Offences Regulation 2016 ...................................................................................................................................................................................... 459
73. Survey and Mapping Infrastructure Act 2003..................................................................................................................................................................... 460
74. Tobacco and Other Smoking Products Act 1998 .............................................................................................................................................................. 462
75. Transport Operations (Road Use Management) Act 1995 ............................................................................................................................................. 464
76. Transport Operations (Road Use Management – Accreditation and Other Provisions) Regulation 2015..................................................... 468
77. Transport Operations (Road Use Management – Road Rules) Regulation 2009....................................................................................................470
78. Transport Operations (Road Use Management – Vehicle Registration) Regulation 2021..................................................................................... 471
79. Transport Operations (Road Use Management – Vehicle Standards and Safety) Regulation 2021 ............................................................... 480
80. Waste Reduction and Recycling Act 2011 ............................................................................................................................................................................ 485
81. Waste Reduction and Recycling Regulation 2023 ..............................................................................................................................................................507
82. Work Health and Safety Act 2011............................................................................................................................................................................................. 508
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Section 4
2024 Register of Delegations
Council to Chief Executive Officer
83. Work Health and Safety Regulation 2011 ............................................................................................................................................................................... 514
84. Workers Compensation and Rehabilitation Act 2003 ...................................................................................................................................................... 519
85. Workers Compensation and Rehabilitation Regulation 2014 ........................................................................................................................................ 534
86. Working with Children (Risk Management and Screening) Act 2000 ......................................................................................................................... 537
Page 4 of 537
Section 5
2024 Register of Delegations
Council to Chief Executive Officer
Note
1. In accordance with section 257 of the Local Government Act 2009, Noosa Shire Council resolves to delegate the exercise of the
powers contained within this Register to the Chief Executive Officer.
2. All prior resolutions delegating the same powers to the Chief Executive Officer are repealed.
3. The Chief Executive Officer must exercise this delegation in accordance with Council resolutions, policies, guidelines, procedures,
industrial instruments and agreements
4. 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.
5. In the event that there is a change to any Delegate Position as set out in the schedule of this instrument (Former Delegated Position)
which is not then reflected in this Instrument:
a) for any Former Delegated Position that remains in existence and has been renamed, the reference in this Instrument to the
Former Delegated Position will be read as a reference to the renamed position; and
b) for and Former Delegated Position that ceases to exist, the reference in this Instrument to the Former Delegated Position will
be read as being a reference to the position that then most closely resembles the Former Delegated Position.”
Page 5 of 537
Section 6
2024 Register of Delegations
Council to Chief Executive Officer
1. Animal Management (Cats and Dogs) Act 2008
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
1.01 Chief Power to give identifying information to particular persons. Section 39 Animal
Executive Management (Cats
Officer and Dogs) Act 2008
1.02 Chief Power to recognise a body supervising an exhibition in which a Section 42(4) Animal
Executive cat or dog is participating. Management (Cats
Officer and Dogs) Act 2008
1.03 Chief Power, as an approved entity, to:- Section 43B Animal
Executive (a) conduct an accreditation scheme to breed dogs; and Management (Cats
Officer and Dogs) Act 2008
(b) accredit a person as an “accredited breeder” under the
accreditation scheme.
## Note: this section only applies to local governments who
have been declared to be an approved entity under section
43W.
Page 6 of 537
Section 7
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
1.04 Chief Power, as an approved entity, to give an accreditation number Section 43C Animal
Executive to an accredited breeder. Management (Cats
Officer ## Note: this section only applies to local governments who and Dogs) Act 2008
have been declared to be an approved entity under section
43W.
1.05 Chief Power to give registration notice. Section 49(2) Animal
Executive Management (Cats
Officer and Dogs) Act 2008
1.06 Chief Power to keep registration form and information. Section 51 Animal
Executive Management (Cats
Officer and Dogs) Act 2008
1.07 Chief Power to fix the fee for the registration of a dog. Section 52 Animal
Executive Management (Cats
Officer and Dogs) Act 2008
1.08 Chief Power to recognise a body supervising an exhibition or an Section 64(1) Animal
Executive obedience trial in which a dog is participating. Management (Cats
Officer and Dogs) Act 2008
1.09 Chief Power to require applicant to give a stated document or Section 74(1) Animal
Executive information that is relevant to a permit application. Management (Cats
Officer and Dogs) Act 2008
Page 7 of 537
Section 8
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
1.10 Chief Power to grant or refuse a permit application within a certain Section 75(1) Animal
Executive time. Management (Cats
Officer and Dogs) Act 2008
1.11 Chief Power to decide whether desexing is likely to be a serious risk Section 75(3) Animal
Executive to the health of a dog. Management (Cats
Officer and Dogs) Act 2008
1.12 Chief Power to impose conditions on the grant of an application for a Section 75(5) Animal
Executive restricted dog permit. Management (Cats
Officer and Dogs) Act 2008
1.13 Chief Power to issue a restricted dog permit. Section 77 Animal
Executive Management (Cats
Officer and Dogs) Act 2008
1.14 Chief Power to issue a decision notice after deciding to refuse a Section 79 Animal
Executive permit application. Management (Cats
Officer and Dogs) Act 2008
1.15 Chief Power to grant or refuse a renewal application within a certain Section 84(1) Animal
Executive time. Management (Cats
Officer and Dogs) Act 2008
Page 8 of 537
Section 9
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
1.16 Chief Power to seek further information in deciding an application for Section 84(4)(b)
Executive a renewal application. Animal Management
Officer (Cats and Dogs) Act
2008
1.17 Chief Power to: Section 84(5) Animal
Executive if the application is granted, issue a renewed permit; or Management (Cats
Officer and Dogs) Act 2008
if the application is refused, issue a decision notice.
1.18 Chief Power to amend a restricted dog permit at any time. Section 87 Animal
Executive Management (Cats
Officer and Dogs) Act 2008
1.19 Chief Power to make:- Section 89(1) Animal
Executive (a) a dangerous dog declaration; Management (Cats
Officer and Dogs) Act 2008
(b) a menacing dog declaration;
(c) a restricted dog declaration.
1.20 Chief Power to determine whether a dog is of a breed mentioned in Section 89(4) Animal
Executive section 63(1). Management (Cats
Officer and Dogs) Act 2008
Page 9 of 537
Section 10
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
1.21 Chief Power to give a dog owner a proposed declaration notice Section 90 Animal
Executive regarding a dog. Management (Cats
Officer and Dogs) Act 2008
1.22 Chief Power to withdraw a proposed declaration notice regarding a Section 92 Animal
Executive dog. Management (Cats
Officer and Dogs) Act 2008
1.23 Chief Power to consider any written representations and evidence Section 94 Animal
Executive within a period stated in a proposed declaration notice and Management (Cats
Officer make a regulated dog declaration. and Dogs) Act 2008
1.24 Chief Power to give an owner of a dog the subject of a regulated dog Section 95 Animal
Executive declaration, a notice about the decision under subsection (3) or Management (Cats
Officer (4). and Dogs) Act 2008
1.25 Chief Power to destroy a surrendered regulated dog. Section 100 Animal
Executive Management (Cats
Officer and Dogs) Act 2008
1.26 Chief Power to recover reasonable seizure or destruction costs. Section 102 Animal
Executive Management (Cats
Officer and Dogs) Act 2008
Page 10 of 537
Section 11
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
1.27 Chief Power to give notice of a proposed inspection program. Section 114 Animal
Executive Management (Cats
Officer and Dogs) Act 2008
1.28 Chief Power to include other information considered appropriate in Section 178(e) Animal
Executive the general register. Management (Cats
Officer and Dogs) Act 2008
1.29 Chief Power to authorise an employee to verify a copy of a Section 198(1) Animal
Executive document. Management (Cats
Officer and Dogs) Act 2008
1.30 Chief Where a local government has received a registration form in Section 227(2) Animal
Executive relation to a cat prior to 23 September 2013 and it has not yet Management (Cats
Officer given a registration notice, power to:- and Dogs) Act 2008
(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.
Page 11 of 537
Section 12
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
1.31 Chief Where a local government has received a registration fee in Section 228(2)(b)
Executive relation to a cat prior to 23 September 2013 and it has given a Animal Management
Officer registration notice for the cat, power to refund the registration (Cats and Dogs) Act
fee or a portion of the fee to the owner. 2008
2. Biosecurity Act 2014
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
2.01 Chief Power, in a circumstance listed in subsection (1), to advise an Section 36(2)
Executive inspector of the presence of the biosecurity matter. Biosecurity Act 2014
Officer
2.02 Chief Power, in a circumstance listed in subsection (1), to advise an Section 42(2)
Executive appropriate authorised officer of the presence of the Biosecurity Act 2014
Officer biosecurity matter that is a relevant restricted matter.
Page 12 of 537
Section 13
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
2.03 Chief Power to carry out the main function of a local government Section 48 Biosecurity
Executive under the Act. Act 2014
Officer
2.04 Chief Power to consult with the Minister. Section 50(3)
Executive Biosecurity Act 2014
Officer
2.05 Chief Power to comply with a notice issued by the Minister pursuant Section 50(5)
Executive to subsection (4). Biosecurity Act 2014
Officer
2.06 Chief Power to agree with the chief executive that Council cannot Section 51(2)
Executive achieve substantial compliance with the notice. Biosecurity Act 2014
Officer
2.07 Chief Power to comply with a request from the Minister for a written Section 52(2)
Executive report made pursuant to subsection (1). Biosecurity Act 2014
Officer
2.08 Chief Power to prepare and approve a biosecurity plan for invasive Section 53 Biosecurity
Executive biosecurity matter for Council’s area. Act 2014
Officer
Page 13 of 537
Section 14
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
2.09 Chief Power to keep a copy of the biosecurity plan available for Section 54 Biosecurity
Executive inspection. Act 2014
Officer
2.10 Chief Power to consult with the chief executive about the suitability Section 59 Biosecurity
Executive and priority of the activities. Act 2014
Officer
2.11 Chief Power to pay the amount required by a notice issued by the Section 60(5)
Executive Minister pursuant to this section. Biosecurity Act 2014
Officer
2.12 Chief Power, as a building authority for a barrier fence, or as an Section 91(3)
Executive owner of land affected by the amendment, to consult with the Biosecurity Act 2014
Officer chief executive about the amendment of the barrier fence map.
2.13 Chief Power, as a building authority for a barrier fence, in the Section 92(2)
Executive circumstance set out in subsection (1), to build and pay for a Biosecurity Act 2014
Officer gate or grid in the fence.
2.14 Chief Power, as a building authority for a barrier fence, to undertake Section 93 Biosecurity
Executive the activities set out in subsections (a) and (b). Act 2014
Officer
Page 14 of 537
Section 15
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
2.15 Chief Power, as a building authority for a barrier fence, to enter a Section 94 Biosecurity
Executive place in the circumstances set out in subsection (1). Act 2014
Officer
2.16 Chief Power, as a building authority for a barrier fence, to enter into Section 95 Biosecurity
Executive an agreement with another person about making an opening in Act 2014
Officer the fence for a particular purpose and period.
2.17 Chief Power, as a building authority for a barrier fence, to give a Section 96(2)
Executive notice to a person requiring the person to restore the fence. Biosecurity Act 2014
Officer
2.18 Chief Power, as a building authority for a barrier fence, to carry out Section 96(4)
Executive the restoration of the barrier fence and recover the reasonable Biosecurity Act 2014
Officer costs from the person to whom notice was given pursuant to
subsection (2).
2.19 Chief Power, as a building authority for a barrier fence part, to Section 100
Executive appoint a person employed or engaged by Council to exercise Biosecurity Act 2014
Officer powers under the Act in relation to the barrier fence part.
2.20 Chief Power, as a building authority for a barrier fence part, to give Section 101(2)
Executive directions to a barrier fence employee. Biosecurity Act 2014
Officer
Page 15 of 537
Section 16
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
2.21 Chief Power, as a relevant entity, to consult with the chief executive Section 105
Executive about a proposed making of a code of practice. Biosecurity Act 2014
Officer
2.22 Chief Power to make written submissions on a proposed guideline. Section 107
Executive Biosecurity Act 2014
Officer
2.23 Chief Power to apply to an inspector for a biosecurity emergency Section 121 Biosecurity
Executive order permit. Act 2014
Officer
2.24 Chief Power to apply to an inspector for a biosecurity instrument Section 132
Executive permit. Biosecurity Act 2014
Officer
2.25 Chief Power as a registrable biosecurity entity to apply for Sections 145 and 147
Executive registration. Biosecurity Act 2014
Officer
2.26 Chief Power as a registrable biosecurity entity to apply for a Section 146
Executive registration exemption. Biosecurity Act 2014
Officer
Page 16 of 537
Section 17
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
2.27 Chief Power to make written submissions in response to a notice Section 150(3)(b)
Executive from the chief executive. Biosecurity Act 2014
Officer
2.28 Chief Power, in the circumstances referred to in subsection (1) to Section 152
Executive apply for deregistration as a biosecurity entity. Biosecurity Act 2014
Officer
2.29 Chief Power to comply with a requirement of the chief executive Section 156(2)
Executive made under subsection (2) or (3). Biosecurity Act 2014
Officer
2.30 Chief Power as a registered biosecurity entity, owner or occupier to Section 160(2)
Executive give the chief executive a biosecurity risk notice. Biosecurity Act 2014
Officer
2.31 Chief Power to apply to the chief executive for the removal of the Section 164
Executive entry for a restricted place from the biosecurity register. Biosecurity Act 2014
Officer
2.32 Chief Power to apply to the chief executive for the end of a Section 164A
Executive declaration of a designated animal as a restricted animal. Biosecurity Act 2014
Officer
Page 17 of 537
Section 18
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
2.33 Chief Power to apply to the chief executive for the end of a Section 164B
Executive declaration of a designated biosecurity matter as a restricted Biosecurity Act 2014
Officer biosecurity matter.
2.34 Chief Power to give the chief executive further information or a Section 165
Executive document about the application. Biosecurity Act 2014
Officer
2.35 Chief Power as a registered biosecurity entity to give the chief Section 170(2)
Executive executive a change notice. Biosecurity Act 2014
Officer
2.36 Chief Power to apply to the chief executive for a travel approval for Section 181 Biosecurity
Executive the movement of a special designated animal. Act 2014
Officer
2.37 Chief Power, as a receiver of a special designated animal at a Section 187 Biosecurity
Executive saleyard, to take the action referred to in subsections (a) and Act 2014
Officer (b).
2.38 Chief Power, as a receiver of a special designated animal at a Section 188
Executive restricted agricultural show, to take the action referred to in Biosecurity Act 2014
Officer subsection (2).
Page 18 of 537
Section 19
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
2.39 Chief Power, as a receiver of a special designated animal at a place, Section 190
Executive to take the action referred to in subsection (2). Biosecurity Act 2014
Officer
2.40 Chief Power, in the circumstances referred to in subsection (1), as a Section 193(2)
Executive receiver of a special designated animal to advise an inspector Biosecurity Act 2014
Officer of the circumstances in subsection (1).
2.41 Chief Power, to comply with all reasonable directions the inspector Section 193(3)
Executive gives. Biosecurity Act 2014
Officer
2.42 Chief Power, as a relevant person, to create a movement record for Section 194(2)
Executive a designated animal and to give the record to the conveyor or Biosecurity Act 2014
Officer drover of the animal.
2.43 Chief Power, as a relevant person, to keep and produce a movement Section 197 Biosecurity
Executive record for a designated animal in accordance with the Act 2014
Officer requirements of this section.
2.44 Chief Power, as person who receives a copy of a movement record, Section 198(2) and (7)
Executive to keep and produce the copy of the movement record for in Biosecurity Act 2014
Officer accordance with the requirements of this section.
Page 19 of 537
Section 20
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
2.45 Chief Power, in the circumstances referred to in subsection (4) and Section 198(5) and (7)
Executive as a person who accepts delivery of the animal at the end of Biosecurity Act 2014
Officer the movement, to create, keep and produce a record
complying with subsection (6).
2.46 Chief Power, as a person having responsibility for the organisation Section 199
Executive and operation of an agricultural show, to keep a record in the Biosecurity Act 2014
Officer appropriate form for the designated animal.
2.47 Chief Power to apply for a prohibited matter permit or a restricted Sections 214 and 215
Executive matter permit and to take all steps required to bring the Biosecurity Act 2014
Officer application to finalisation and obtain a decision on the
application.
2.48 Chief Power to apply for the renewal of a prohibited matter permit or Sections 225 and 226
Executive a restricted matter permit and to take all steps required to Biosecurity Act 2014
Officer bring the application to finalisation and obtain a decision on the
application.
2.49 Chief Power to comply with a direction of the chief executive issued Section 229
Executive pursuant to subsection (2). Biosecurity Act 2014
Officer
Page 20 of 537
Section 21
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
2.50 Chief Power to apply for the transfer of a prohibited matter permit or Section 230
Executive a restricted matter permit. Biosecurity Act 2014
Officer
2.51 Chief Power to consult with an interested entity about a proposed Section 235(3)(d)
Executive biosecurity program. Biosecurity Act 2014
Officer
2.52 Chief Power to consult with the chief executive about a proposed Section 239(1)
Executive biosecurity program. Biosecurity Act 2014
Officer
2.53 Chief Power to consult with the chief executive and an invasive Section 239(2)
Executive animal board before authorising a biosecurity program. Biosecurity Act 2014
Officer
2.54 Chief Power to make copies of a biosecurity program authorisation Section 241
Executive available for inspection and purchase at Council’s public office. Biosecurity Act 2014
Officer
2.55 Chief Power as an occupier of a place to sign an acknowledgement Section 268(1)
Executive of consent to enter the place. Biosecurity Act 2014
Officer
Page 21 of 537
Section 22
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
2.56 Chief Power as an occupier of a place to consent to entry by an Section 269(2)
Executive authorised officer. Biosecurity Act 2014
Officer
2.57 Chief Power to apply to the court for an order against the person Section 358
Executive convicted of an offence against the Act to pay the costs Biosecurity Act 2014
Officer Council has incurred in taking a thing or doing something else
during the investigation of the offence.
2.58 Chief Power, as a relevant body, to stay the original decision, fix Section 364
Executive conditions on the stay, fix the period of a stay and revoke a Biosecurity Act 2014
Officer stay.
2.59 Chief Power, as the issuing authority, after receiving an internal Section 365
Executive review application to conduct an internal review and make a Biosecurity Act 2014
Officer decision.
2.60 Chief Power, as the issuing authority, to give notice of an internal Section 366
Executive review decision. Biosecurity Act 2014
Officer
2.61 Chief Power, as the issuing authority, to make a new decision Section 372(1)
Executive following the receipt of directions from the court. Biosecurity Act 2014
Officer
Page 22 of 537
Section 23
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
2.62 Chief Power, as the issuing authority, to give effect to a decision of Section 372(2)
Executive the court to substitute the internal review decision with a new Biosecurity Act 2014
Officer decision.
2.63 Chief Power, as the issuing authority for a biosecurity order, to give Section 380(2)
Executive notice of the amount of the debt. Biosecurity Act 2014
Officer
2.64 Chief Power to register a charge over the land for an unpaid amount Section 381
Executive and to release the charge once the unpaid amount has been Biosecurity Act 2014
Officer paid.
2.65 Chief Power, as a third party, to appear at the hearing of an Section 383
Executive application for a cost recovery order. Biosecurity Act 2014
Officer
2.66 Chief Power to enter into a government and industry agreement with Section 391
Executive the Minister or the chief executive. Biosecurity Act 2014
Officer
2.67 Chief Power to enter into a compliance agreement with the chief Section 393
Executive executive. Biosecurity Act 2014
Officer
Page 23 of 537
Section 24
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
2.68 Chief Power to apply to the chief executive to enter into a Section 396
Executive compliance agreement with the State. Biosecurity Act 2014
Officer
2.69 Chief Power to give the chief executive further information or a Section 399(1)(b)
Executive document required to decide the application. Biosecurity Act 2014
Officer
2.70 Chief Power, as the other party to a compliance agreement, to make Section 405
Executive written representations to the chief executive following receipt Biosecurity Act 2014
Officer of a show cause notice.
2.71 Chief Power, as the holder for a relevant authority, to apply to the Sections 479 and 480
Executive chief executive to amend the conditions of the authority and to Biosecurity Act 2014
Officer take all steps necessary to obtain a decision on the application.
2.72 Chief Power, as the holder for a relevant authority, to make written Section 485
Executive representations about the show cause notice to the chief Biosecurity Act 2014
Officer executive.
2.73 Chief Power, as the holder for a relevant authority, to ask the chief Section 490
Executive executive to cancel the authority. Biosecurity Act 2014
Officer
Page 24 of 537
Section 25
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
2.74 Chief Power, as the holder for a relevant authority, to comply with a Section 491(3)
Executive notice requiring the return of the document evidencing the Biosecurity Act 2014
Officer authority.
3. Biosecurity Regulation 2016
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
3.01 Chief Power, as a registered biosecurity entity for a designated Section 94G(1)
Executive place, to make a biosecurity management plan. Biosecurity Regulation
Officer 2016
3.02 Chief Power, as an entity mentioned in subsection (1), to:- Section 94G(4)
Executive Biosecurity Regulation
Page 25 of 537
Section 26
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
Officer (a) keep the plan as a separate document at the place; and 2016
(b) make the plan available for inspection at the place, on
request, during ordinary business hours; and
(c) ensure a sign is conspicuously displayed at each
management area for the plan stating that:-
(i) a biosecurity management plan applies to the
place; and
(ii) it is an offence for a person entering, present at,
or leaving the management area to fail to
comply with the measures stated in the plan
unless the person has a reasonable excuse.
Page 26 of 537
Section 27
2024 Register of Delegations
Council to Chief Executive Officer
4. Body Corporate and Community Management Act 1997
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
4.01 Chief Power, as a relevant planning authority, to endorse a Section 60(3) Body
Executive community management statement notation on a proposed Corporate and
community management statement. Community
Management Act
1997.
4.02 Chief Power to enter the common property if necessary to exercise a Section 316(1) Body
Executive power conferred under an Act. Corporate and
Officer Community
Management Act 1997
Page 27 of 537
Section 28
2024 Register of Delegations
Council to Chief Executive Officer
5. Body Corporate and Community Management (Accommodation Module) Regulation 2020
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
5.01 Chief Power, as the relevant planning body, to issue a certificate Section 159 (6)(b)
Executive certifying the transaction has been approved or noted as Body Corporate and
Officer required under the relevant Planning Act. Community
Management
(Accommodation
Module) Regulation
2020.
Page 28 of 537
Section 29
2024 Register of Delegations
Council to Chief Executive Officer
6. Body Corporate and Community Management (Commercial Module) Regulation 2020
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
6.01 Chief Power, as the relevant planning body, to issue a certificate Section 117 (6)(b) Body
Executive certifying the transaction has been approved or noted as Corporate and
Officer required under the relevant Planning Act. Community
Management
(Commercial Module)
Regulation 2020.
Page 29 of 537
Section 30
2024 Register of Delegations
Council to Chief Executive Officer
7. Body Corporate and Community Management (Small Schemes Module) Regulation 2020
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
7.01 Chief Power, as the relevant planning body, to issue a certificate Section 95(6)(b) Body
Executive certifying the transaction has been approved or noted as Corporate and
Officer required under the relevant Planning Act. Community
Management (Small
Schemes Module)
Regulation 2020.
Page 30 of 537
Section 31
2024 Register of Delegations
Council to Chief Executive Officer
8. Body Corporate and Community Management (Specified Two-lot Schemes Module) Regulation 2011
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
8.01 Chief Power, as the relevant planning body, to issue a certificate Section 33(4)(b) Body
Executive certifying the transaction has been approved or noted as Corporate and
Officer required under the relevant Planning Act. Community
Management
(Specified Two-lot
Schemes Module)
Regulation 2011.
Page 31 of 537
Section 32
2024 Register of Delegations
Council to Chief Executive Officer
9. Body Corporate and Community Management (Standard Module) Regulation 2020
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
9.01 Chief Power, as the relevant planning body, to issue a certificate Section 161(6)(b) Body
Executive certifying the transaction has been approved or noted as Corporate and
Officer required under the relevant Planning Act. Community
Management
(Standard Module)
Regulation 2020.
Page 32 of 537
Section 33
2024 Register of Delegations
Council to Chief Executive Officer
10. Building Act 1975
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
10.01 Chief Power, as an assessment manager, to determine whether a Section 34A(2)
Executive building development application complies with the building Building Act 1975
Officer assessment provisions and if it does, to approve the
application.
10.02 Chief Power, as an assessment manager, to consult with the chief Section 41(1) Building
Executive executive about the variation application. Act 1975
Officer
10.03 Chief Power, as a referral agency, to appoint or employ a building Section 46(5) Building
Executive certifier to carry out the assessment against the fire safety Act 1975
Officer standard.
10.04 Chief Power, under the Planning Act to receive, assess and decide a Section 51(2)(a)
Executive building development application. Building Act 1975
Officer
10.05 Chief Power to appoint or employ a private certifier or another Section 51(2)(b)
Executive building certifier. Building Act 1975
Officer
Page 33 of 537
Section 34
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
10.06 Chief Power to appoint or employ a building certifier where asked in Section 51(3) Building
Executive writing by the nominated owner and the building work has not Act 1975
Officer been certified.
10.07 Chief Power to issue a building development approval. Section 52 Building
Executive Act 1975
Officer
10.08 Chief Power, in carrying out functions under the Building Act, to Section 53(2) Building
Executive accept and, without checking, rely and act on a certificate or Act 1975
Officer other document made by or given to the building certifier.
10.09 Chief Power to accept and, without further checking, rely and act on Section 54 Building
Executive a document, given to Council by a private certifier for a building Act 1975
Officer development application, for the purpose of making it available
for inspection or purchase as required by the Planning Act.
10.10 Chief Power, as assessment manager, in relation to undecided Section 55 Building
Executive building development applications and lapsed building Act 1975
Officer development approvals, to resume or start the development
assessment process under the Planning Act at any stage the
assessment manager considers appropriate.
Page 34 of 537
Section 35
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
10.11 Chief Power, as the holder of a registered easement or statutory Section 65 Building
Executive covenant, to consent to building work. Act 1975
Officer
10.12 Chief Power, as assessment manager, to prepare a written Section 68A(2)
Executive statement of reasons. Building Act 1975
Officer
10.13 Chief Power to decide an application to extend the period mentioned Section 71 Building Act
Executive in subsection 71(3), to consult with an entity in deciding the 1975
Officer application and to give notice of the decision.
10.14 Chief Power to give a private certifier a document acknowledging Section 87 Building
Executive receipt of the fee mentioned in subsection 86(1)(c). Act 1975
Officer
10.15 Chief Power to take the action it considers necessary to complete Section 92(2) Building
Executive the building work where the building development approval Act 1975
Officer lapses and the building work is other than demolition.
10.16 Chief Power to use all or part of any security given to the local Section 92(5) Building
Executive government for the carrying out of the building work. Act 1975
Officer
Page 35 of 537
Section 36
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
10.17 Chief Power to refund or release part of any security given to the Section 93(1) Building
Executive local government for the carrying out of the building work, at Act 1975
Officer any time, having regard to the progress of the building work.
10.18 Chief Power, as the assessment manager, to give a reminder notice Section 95 Building
Executive about the lapsing. Act 1975
Officer
10.19 Chief Power to consult with a private certifier with regard to further Section 97(2) Building
Executive extensions of the period under the Planning Act, s 85(1) Act 1975
Officer (currency period).
10.20 Chief Power, as the assessment manager, to take enforcement Section 117 Building
Executive action against an owner contravening section 114 of the Act. Act 1975
Officer
10.21 Chief Power, as the owner of a building, to by notice ask for a copy of Section 124A(2)
Executive any inspection documentation for the inspection performed by Building Act 1975
Officer the building certifier.
10.22 Chief Power, as the owner of a building, to give an additional Section 143B(2)
Executive certification notice. Building Act 1975
Officer
Page 36 of 537
Section 37
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
10.23 Chief Power to make a complaint to QBCC about a building certifier. Section 190(1) Building
Executive Act 1975
Officer
10.24 Chief Power to give a building certifier a notice (‘show cause notice’). Section 206(1) Building
Executive Act 1975
Officer
10.25 Chief Power to consider any representations made under the show Section 207 Building
Executive cause notice and decide to take no further action, or apply to Act 1975
Officer the Queensland Civil and Administrative Tribunal to start a
disciplinary proceeding against the building certifier.
10.26 Chief Power to apply to the Queensland Civil and Administrative Section 208(1) Building
Executive Tribunal to conduct disciplinary proceeding to determine Act 1975
Officer whether there are proper grounds for taking disciplinary action
against a building certifier.
10.27 Chief Power to notify the QBCC of its application to the Queensland Section 210 Building
Executive Civil and Administrative Tribunal. Act 1975
Officer
Page 37 of 537
Section 38
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
10.28 Chief Power to consult with any other entity considered appropriate Section 221(2) Building
Executive in deciding an application made by the owner of a budget Act 1975
Officer accommodation building to approve a period for the building
under section 220(a)(ii) or (b)(ii) (longer periods for approval).
10.29 Chief Power to grant (including with reasonable conditions) or refuse Sections 221(2)(b) and
Executive an application made by the owner of a budget (3) Building Act 1975
Officer accommodation building to approve a period for the building
under section 220(a)(ii) or (b)(ii) (longer periods for approval).
10.30 Chief Power to decide the application and give the owner an Section 221(4) Building
Executive information notice about the decision. Act 1975
Officer
10.31 Chief Power to, on written application from the owner, decide Section 222(2) Building
Executive whether or not a building conforms with fire safety standards Act 1975
Officer and, if applicable, state what must be done to make the
building conform.
10.32 Chief Power to inspect budget accommodation buildings at least Section 228(2) Building
Executive once every 3 years. Act 1975
Officer
Page 38 of 537
Section 39
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
10.33 Chief Power to keep the records referred to in subsections 228(4)(a) Section 228(4)
Executive to (c). Building Act 1975
Officer
10.34 Chief Power, as local government, to approve, with or without Section 231AK(a)(iii)
Executive conditions, a later day for a residential care building to comply and (b)(iii) and section
Officer with section 231AK of the Building Act. 231AL Building Act
1975
10.35 Chief Power, as local government, on an application by the owner of Section 231AL Building
Executive an RCB for a later day to obtain a fire safety compliance Act 1975
Officer certificate or certificate of occupancy to:
(a) consult on the application;
(b) decide the application;
(c) impose conditions on the grant of an application;
(d) give an information notice about the decision.
10.36 Chief Power to require the applicant to give medical evidence to Section 236 Building
Executive support the application. Act 1975
Officer
Page 39 of 537
Section 40
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
10.37 Chief Power to, on application by a pool owner, decide an Section 237 Building
Executive application for exemption from complying with part of the pool Act 1975
Officer safety standard relating to barriers for a regulated pool due to
disability (with or without conditions).
10.38 Chief Power to give notice of Council’s decision (including an Section 238 Building
Executive information notice about the decision). Act 1975
Officer
10.39 Chief Power to give notice of each exemption granted under Section 239 Building
Executive Chapter 8, Part 2, Division 3 to the QBCC commissioner. Act 1975
Officer
10.40 Chief Power to give an applicant a show cause notice. Section 242(2) Building
Executive Act 1975
Officer
10.41 Chief Power to consider any representations made under the show Section 242(3)
Executive cause notice and give a further notice (a revocation notice) to Building Act 1975
Officer the applicant, revoking the decision previously given.
10.42 Chief Power to give to the QBCC commissioner notice of each Section 243 Building
Executive revocation notice given. Act 1975
Officer
Page 40 of 537
Section 41
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
10.43 Chief Power to keep a copy of each exemption granted and make Section 244 Building
Executive the copy available for inspection and purchase as if it were a Act 1975
Officer document, that under the Planning Act, the local government
must make available for inspection and purchase.
10.44 Chief Power to, on application by a pool owner for exemption from Section 245A Building
Executive complying with part of the pool safety standard relating to Act 1975
Officer barriers for the regulated pool due to compliance being
impracticable, require further information to establish that
compliance with the part of the pool safety standard is not
practicable.
10.45 Chief Power to, on application by a pool owner, decide an Section 245B Building
Executive application for exemption from complying with part of the pool Act 1975
Officer safety standard relating to barriers for the regulated pool due
to compliance being impracticable (with or without conditions).
10.46 Chief Power to give written notice of the grant of an exemption. Section 245C(1)
Executive Building Act 1975
Officer
10.47 Chief Power to give an information notice. Section 245C(2)
Executive Building Act 1975
Officer
Page 41 of 537
Section 42
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
10.48 Chief Power to give the owner of the regulated pool a show cause Section 245E(2)
Executive notice. Building Act 1975
Officer
10.49 Chief Power to consider any representations made under the show Section 245E(3)
Executive cause notice and give a further notice (a revocation notice) to Building Act 1975
Officer the owner, revoking the decision previously given.
10.50 Chief Power to give the QBCC commissioner the notices required by Section 245F Building
Executive sections 245F(1) and 245F(2). Act 1975
Officer
10.51 Chief Power to keep a copy of each exemption available for Section 245FA(2)
Executive inspection and purchase as if it were a document that, under Building Act 1975
Officer the Planning Act, must be available for inspection and
purchase.
10.52 Chief Power, as owner of adjoining land, to agree with the pool Section 245XB(2)
Executive owner as to the construction of a pool barrier along the Building Act 1975
Officer common boundary.
10.53 Chief Power, as owner of adjoining land, to agree with the pool Section 245XD(2)
Executive owner as to the alteration or replacement of a dividing fence Building Act 1975
Officer that is used, or proposed to be used, as a pool barrier along the
common boundary.
Page 42 of 537
Section 43
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
10.54 Chief Power, as owner of adjoining land where a pool barrier is Section 245XF(2) and
Executive constructed along the common boundary for a pool on the (3) Building Act 1975
Officer other land, to:
alter or replace the part of the pool barrier with the
agreement of the pool owner; or
attach a thing on the part of the pool barrier that does
not unreasonably or materially alter or damage the
barrier.
10.55 Chief Power, as owner of adjoining land, to grant access to Council’s Section 245XG(1)
Executive land to the owner of the other land to carry out fencing work. Building Act 1975
Officer
10.56 Chief Power, as owner of adjoining land, where Council has carried Section 245XN(2)
Executive out urgent fencing work under section 245XK of the Building Building Act 1975
Officer Act and the owner of the other land is responsible for some or
all of the costs of carrying out the fencing work under section
245XH of the Building Act, to require the owner of the other
land to contribute a share for any reasonable cost incurred for
the fencing work.
Page 43 of 537
Section 44
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
10.57 Chief Power, as owner of adjoining land, to apply to QCAT, in the Section 245XS(1)
Executive absence of the owner of the other land, for authorisation to Building Act 1975
Officer carry out fencing work, including apportionment of the
contributions for the work.
10.58 Chief Power, as owner of adjoining land, where an order has been Section 245XS(3)
Executive made under section 245XS(1) of the Building Act and the owner Building Act 1975
Officer of the other land has since been located, to give a copy of the
order to the owner of the other land and recover the
contribution as stated in the order.
10.59 Chief Power, as owner of adjoining land, where the owner of the Section 245XV(2)
Executive other land has carried out fencing work for a dividing fence Building Act 1975
Officer forming part of a pool barrier without authorisation, to apply to
QCAT for an order requiring the owner to rectify the dividing
fence.
10.60 Chief Power to inspect a regulated pool for compliance when a pool Section 246ADA(2)
Executive safety complaint notice, or section 245I or 245UA notice is Building Act 1975
Officer received.
10.61 Chief Power to take necessary enforcement action to ensure the Section 246ADA(5)
Executive pool complies with the pool safety standard or fencing Building Act 1975
Officer standards for the pool.
Page 44 of 537
Section 45
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
10.62 Chief Power to cancel pool safety certificate for a regulated pool. Section 246AF(2)
Executive Building Act 1975
Officer
10.63 Chief Power to give the QBCC commissioner notice of the Section 246AF(3)
Executive cancellation of the pool safety certificate for a regulated pool. Building Act 1975
Officer
10.64 Chief Power to give a show cause notice before cancelling a pool Section 246AG(1)
Executive safety certificate. Building Act 1975
officer
10.65 Chief Power to consider submissions and decide whether to cancel a Section 246AG(5)
Executive pool safety certificate. Building Act 1975
Officer
10.66 Chief Power to give the owner notice of the decision. Section 246AG(6)
Executive Building Act 1975
officer
10.67 Chief Power to give the owner an information notice about the Section 246AG(7)
Executive decision. Building Act 1975
officer
Page 45 of 537
Section 46
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
10.68 Chief Power to appoint or employ a pool safety inspector to conduct Section 246AH
Executive an inspection of a pool in the circumstances referred to in Building Act 1975
officer subsection (1).
10.69 Chief Power to keep a record of a notice mentioned in section Section 246AIA
Executive 246ADA(1) and the results of the inspection carried out under Building Act 1975
officer section 246ADA.
10.70 Chief Power to comply with a request for information from the QBCC Section 246AIB(2)
Executive commissioner. Building Act 1975
Officer
10.71 Chief Power to give the QBCC commissioner notice of each existing Section 246AQ
Executive regulated pool in Council’s local government area of which it Building Act 1975
Officer has a record.
10.72 Chief Power to give the swimming pool safety advisory information Section 246ATC
Executive to the owner of each non-certificate regulated pool in its local Building Act 1975
Officer government area.
10.73 Chief Power to, by gazette notice, designate land as a transport Section 246X Building
Executive noise corridor. Act 1975
Officer
Page 46 of 537
Section 47
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
10.74 Chief Power to give a notice (‘enforcement notice’) to the owner of a Section 248(1) Building
Executive building, structure or building work. Act 1975
Officer
10.75 Chief Power to give an enforcement notice to a person who does not Section 248(2)
Executive comply with a particular matter in the Building Act 1975. Building Act 1975
Officer
10.76 Chief Power to give a person a show cause notice. Section 248(3)
Executive Building Act 1975
Officer
10.77 Chief Power to authorise an officer to enter a building or structure Section 253 Building
Executive and remove all persons found there. Act 1975
Officer
10.78 Chief Power, as local government, to make a complaint for an Section 256(2)(d)
Executive offence against section 245G(1) of the Building Act 1975. Building Act 1975
Officer
10.79 Chief Power, as local government, to make a complaint for an Section 256(2)(e)
Executive offence against section 245K, 245L or 246AR(2) of the Building Building Act 1975
Officer Act 1975.
Page 47 of 537
Section 48
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
10.80 Chief Power, as local government, to make a complaint for an Section 256(2)(f)
Executive offence against section 246AD(2) or 246AJ(4) of the Building Building Act 1975
Officer Act 1975.
10.81 Chief Power, as local government, to make a complaint for an Section 256(2)(g)
Executive offence against section 246AP(2) of the Building Act 1975. Building Act 1975
Officer
10.82 Chief Power, as local government, to make a complaint for an Section 256(2)(h)
Executive offence against chapter 8, part 4, division 5, subdivision 2, other Building Act 1975
Officer than section 246ATH(2) of the Building Act 1975.
10.83 Chief Power, as local government, to authorise a person to make a Section 256(2)(h)
Executive complaint for an offence against chapter 8, part 4, division 5, Building Act 1975
Officer subdivision 2, other than section 246ATH(2) of the Building Act
1975.
10.84 Chief Power, as local government, to make a complaint for an Section 256(2)(i)
Executive offence against chapter 8, part 5 of the Building Act 1975. Building Act 1975
Officer
10.85 Chief Power, as local government, to authorise a person to make a Section 256(2)(i)
Executive complaint for an offence against chapter 8, part 5 of the Building Act 1975
Officer Building Act 1975.
Page 48 of 537
Section 49
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
10.86 Chief Power, as local government, to make a complaint for an Section 256(2)(k)
Executive offence in the expired Building Regulation 2006, part 4A. Building Act 1975
Officer
10.87 Chief Power, as local government, to authorise a person to make a Section 256(2)(k)
Executive complaint for an offence in the expired Building Regulation Building Act 1975
Officer 2006, part 4A.
10.88 Chief Power, as local government, to make a complaint for an Section 256(2)(l)
Executive offence in the Building Act 1975 other than an offence listed in Building Act 1975
Officer section 256(2)(a)-(j) of the Building Act.
10.89 Chief Power to extend the time for an owner of a swimming pool to Section 262 Building
Executive comply with section 235 (where an extension under section Act 1975
Officer 49H(11)(b) of the Local Government Act 1936 is still in force.
Page 49 of 537
Section 50
2024 Register of Delegations
Council to Chief Executive Officer
11. Building Regulation 2021
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
11.01 Chief Power, if it is not practicable to show each of the designated Section 7(4) Building
Executive bush fire prone areas in Council’s planning scheme maps, to:- Regulation 2021
Officer (a) prepare maps showing the areas;
(b) state the date each area was designated as a bush fire
prone area; and
(c) ensure the maps are updated.
11.02 Chief Power to keep a register of the flood hazard areas Council Section 8(4) Building
Executive designates and when each designation was made. Regulation 2021
Officer
11.03 Chief Power, in the circumstances listed in subsection 56(1), to take Section 56(2) Building
Executive enforcement action against the builder. Regulation 2021
Officer
11.04 Chief Power, in the circumstances listed in subsection 56(3), to notify Section 56(3)(a)
Executive the QBCC of the builder’s non-compliance with the Building Regulation
Officer enforcement notice. 2021
Page 50 of 537
Section 51
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
11.05 Chief Power, as a referral agency in the circumstances listed in Section 65(2) Building
Executive subsection 65(1), to give the builder and the building certifier a Regulation 2021
Officer notice stating it will not inspect the building work or inspect or
test the service.
11.06 Chief Power, as a referral agency in the circumstances listed in Section 65(3) Building
Executive subsection 65(1), to:- Regulation 2021
Officer (a) inspect the work or inspect or test the service;
(b) give the builder and the building certifier a notice
stating the referral agency aspects comply with the
building development approval or the referral agency
aspects do not comply with the approval, and the
reasons why they do not comply
Page 51 of 537
Section 52
2024 Register of Delegations
Council to Chief Executive Officer
12. Coastal Protection and Management Act 1995
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
12.01 Chief Power to make submissions to the Minister regarding a draft Section 25(2)(d)
Executive coastal plan. Coastal Protection
Officer and Management Act
1995
12.02 Chief Power to make a copy of a draft coastal plan available for Section 25(5) Coastal
Executive inspection by the public. Protection and
Officer Management Act 1995
12.03 Chief Power to comply with a request from the Chief Executive to Section 34(2) Coastal
Executive carry out particular activities necessary to implement a coastal Protection and
Officer plan. Management Act 1995
12.04 Chief Power to:- Section 57 Coastal
Executive (a) make submissions to the Minister before a regulation, Protection and
Officer pursuant to section 54(1)(b), is made declaring, Management Act 1995
changing the boundaries of or abolishing a coastal
management district; and
(b) when making a submission, ask the Minister for a
response on the submission.
Page 52 of 537
Section 53
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
12.05 Chief Power to appeal against the chief executive’s decision to give a Section 59(5) Coastal
Executive coastal protection notice to Council. Protection and
Officer Management Act 1995
12.06 Chief Power to appeal against the chief executive’s decision to give a Section 60(7) Coastal
Executive tidal works notice to Council. Protection and
Officer Management Act 1995
12.07 Chief Power, as an owner of land or as a party with an interest in the Section 68(5), (6) and
Executive land, to:- (9) Coastal Protection
Officer (a) give written notice to the chief executive claiming and Management Act
compensation at any time during, or within 3 months 1995
after, the chief executive’s occupation and use of the
land; and
(b) make an agreement with the chief executive
concerning the amount of compensation payable.
12.08 Chief Power to keep available for inspection by the public any Section 72 Coastal
Executive document given to Council under section 70(2)(c) or 71(2)(b). Protection and
Officer Management Act 1995
12.09 Chief Power to make an application to the chief executive for an Section 73 Coastal
Executive allocation of quarry material in tidal water. Protection and
Officer Management Act 1995
Page 53 of 537
Section 54
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
12.10 Chief Power to make a submission to the chief executive about Section 75(3)(c)
Executive Council’s views on the removal of quarry material or placement Coastal Protection
Officer of spoil regarding an application for allocation of quarry and Management Act
material. 1995
12.11 Chief Power, as an allocation notice holder, to give the chief Section 80(2) Coastal
Executive executive written notice:- Protection and
Officer a) about the quantity of quarry material removed under the Management Act 1995
allocation in a period where a condition requires it; or
b) about the quantity of quarry material removed under the
allocation in a quarter within 20 business days after the end
of a quarter.
12.12 Chief Power, as an allocation notice holder, to apply to the chief Section 82 Coastal
Executive executive to transfer all or part of the allocation to another Protection and
Officer person. Management Act 1995
12.13 Chief Power, as an allocation notice holder, to apply to the chief Section 83 Coastal
Executive executive officer to renew the allocation notice. Protection and
Officer Management Act 1995
12.14 Chief Power, as an allocation notice holder, to make representations Section 86(1) Coastal
Executive to the chief executive showing why the allocation notice should Protection and
Officer not be amended, suspended or cancelled. Management Act 1995
Page 54 of 537
Section 55
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
12.15 Chief Power, as an allocation notice holder, to surrender the Section 88 Coastal
Executive allocation. Protection and
Officer Management Act 1995
12.16 Chief Power to endorse a plan of subdivision with Council’s Section 115B(5)(a)
Executive acceptance of trusteeship of the reserve. Coastal Protection
Officer and Management Act
1995
12.17 Chief Power to certify a plan of subdivision which shows an artificial Section 119(2) Coastal
Executive waterway. Protection and
Officer Management Act
1995.
12.18 Chief Power to maintain and keep clean each canal in its area and Section 121 Coastal
Executive access channel for a canal in its area, whether or not the Protection and
Officer access channel is in its area. Management Act
1995.
Page 55 of 537
Section 56
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
12.19 Chief Power:- Section 123(5) Coastal
Executive (a) as an owner of freehold land; or Protection and
Officer Management Act 1995
(b) an occupier of land, other than freehold land, adjacent
to State tidal land; or
(c) as a public utility provider; or
(d) as a trustee under any law or agreement,
to occupy and use State tidal land to carry out tidal works in
accordance with a development permit or to maintain and use
infrastructure constructed as part of tidal works.
12.20 Chief Power:- Section 124 Coastal
Executive (a) as an owner of freehold land adjacent to State tidal land; Protection and
Officer or Management Act 1995
(b) as an occupier of land, other than freehold land, adjacent
to State tidal land ;or
(c) as a public utility provider; or
(d) as a trustee under any law or agreement,
to ensure that tidal works are maintained in a safe condition.
Page 56 of 537
Section 57
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
12.21 Chief Power, as an owner or occupier of land, to allow an authorised Section 134(3)(a)
Executive person to enter the land. Coastal Protection
Officer and Management Act
1995
12.22 Chief Power to claim compensation if Council incurs a loss or Section 136 Coastal
Executive expense because of the exercise or purported exercise of a Protection and
Officer power under chapter 3, part 2, division 1 by an authorised Management Act 1995
person.
12.23 Chief Power, as an owner of an interest in land, to claim Section 150 and 152
Executive compensation if the existing use that may be made of the land Coastal Protection
Officer is changed by a prohibition imposed by the coastal plan or the and Management Act
declaration of a coastal management district. 1995
12.24 Chief Power, as an owner of an interest in land, to appeal against the Section 153(3) and (4)
Executive decision of the chief executive regarding a claim for Coastal Protection
Officer compensation under section 150. and Management Act
1995
12.25 Chief Power to make an appeal to the Planning and Environment Section 159 Coastal
Executive Court against the chief executive’s decision to give Council a Protection and
Officer coastal protection or tidal works notice. Management Act 1995
Page 57 of 537
Section 58
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
12.26 Chief Power to bring a proceeding in the Planning and Environment Section 164A Coastal
Executive Court for a declaration about a matter done, to be done or that Protection and
Officer should have been done, for chapter 2, part 3, division 2. Management Act 1995
12.27 Chief Power to:- Section 165 Coastal
Executive (a) where the chief executive has delegated powers under Protection and
Officer the Coastal Protection and Management Act 1995, to Management Act 1995
exercise those powers; and
(b) sub-delegate the powers delegated by the chief
executive under subsection (1) to an appropriately
qualified entity.
12.28 Chief Power to elect not to be the assessment manager (in which Section 190 Coastal
Executive case Council cannot be a referral agency) for an application to Protection and
Officer make a minor change to a deemed approval under section 177. Management Act 1995
12.29 Chief Power to elect not to be the responsible entity for a request to Section 193 Coastal
Executive make a permissible change to a deemed approval under Protection and
Officer section 177. Management Act 1995
12.30 Chief Power to elect not to be the responsible entity for a change Section 206(5)
Executive application. Coastal Protection
Officer and Management Act
1995
Page 58 of 537
Section 59
2024 Register of Delegations
Council to Chief Executive Officer
13. Disaster Management Act 2003
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
13.01 Chief Power to establish a Local Disaster Management Group for the Section 29 Disaster
Executive local government area. Management Act
Officer 2003.
13.02 Chief Power to agree to unite with one or more other local Section 31 Disaster
Executive government/s for the purpose of establishing a local group. Management Act
Officer 2003.
13.03 Chief Power to provide, at least once a year, written notice of the Section 37 Disaster
Executive members of a Local Disaster Management Group to the chief Management Act
Officer executive and the chairperson of the district group for the 2003.
disaster district in which the Local Disaster Management
Group is situated.
13.04 Chief Power to prepare a local disaster management plan for Section 57(1) Disaster
Executive disaster management in the local government’s area. Management Act
Officer 2003.
Page 59 of 537
Section 60
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
13.05 Chief Power to review, or renew, its local disaster management plan Section 59 Disaster
Executive when local government considers it appropriate. Management Act
Officer 2003.
13.06 Chief Power to, on payment of the appropriate fee, give a person a Section 60 Disaster
Executive copy of the local disaster management plan. Management Act
Officer 2003.
13.07 Chief Power to decide the other places at which the local disaster Section 60(1)(c)
Executive management plan is to be available for inspection. Disaster Management
Officer Act 2003
13.08 Chief Power to agree to unite with one or more other local Section 61 Disaster
Executive governments for the purpose of preparing a local disaster Management Act
Officer management plan. 2003.
Page 60 of 537
Section 61
2024 Register of Delegations
Council to Chief Executive Officer
14. Disaster Management Regulation 2014
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
14.01 Chief Power to appoint a person to a district disaster management Section 5(1) Disaster
Executive group for a disaster district. Management
Officer Regulation 2014
14.02 Chief Power to inform the chief executive of the department, and the Section 5(6) Disaster
Executive chairperson of the district group, of an appointment under Management
Officer section 5(1). Regulation 2014
14.03 Chief Power to nominate a person to a temporary district disaster Section 7(1) Disaster
Executive management group. Management
Officer Regulation 2014
14.04 Chief Power to appoint a person as a member of a local disaster Section 9(1) Disaster
Executive management group. Management
Officer Regulation 2014
14.05 Chief Power to appoint a chairperson and deputy chairperson of a Section 10(1) Disaster
Executive local disaster management group. Management
Officer Regulation 2014
Page 61 of 537
Section 62
2024 Register of Delegations
Council to Chief Executive Officer
15. Electricity Act 1994
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
15.01 Chief Power, as a road authority, to enter a written agreement with Section 102(2)
Executive an electricity entity. Electricity Act 1994
Officer
Chief Power, as a road authority, to give an electricity entity Section 102(4)
15.02
Executive information about lines and levels for proposed roadworks. Electricity Act 1994
Officer
Chief Power, as a road authority, to consult with an electricity entity. Section 103 Electricity
15.03
Executive Act 1994
Officer
15.04 Chief Power, as a public entity, to require an electricity entity to alter Section 106 Electricity
Executive the position of the electricity entity’s works in a publicly Act 1994
Officer controlled place if the works could interfere with the exercise of
the public entity’s powers for the place.
Chief Power, as a public entity, to refer a dispute with an electricity Section 117(2)
15.05
Executive entity arising under Chapter 4, Part 4 of the Act to the Electricity Act 1994
Officer Regulator.
Page 62 of 537
Section 63
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
15.06 Chief Power, as a person whose interests are affected by a decision Sections 214, 215, 216
Executive mentioned in schedule 1, to apply to the reviewer for internal and 217 Electricity Act
Officer review of the decision, including all steps necessary to progress 1994
the internal review (such as applying for a statement of
reasons, applying to QCAT for a stay, participating in a
mediation or arbitration).
15.07 Chief Power, as a person whose interests are affected by a decision Section 219 Electricity
Executive of the regulator under section 218 to apply to QCAT for an Act 1994
Officer external review of the decision.
Note: This register contains the powers of Council as a road authority, public entity and street lighting customer only.
It does not contain provisions which apply to Council as a consumer of electricity.
Page 63 of 537
Section 64
2024 Register of Delegations
Council to Chief Executive Officer
16. Electricity Regulation 2006
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
16.01 Chief Power, as a public entity, to agree on a different consultation Section 18(3)
Executive period with an electricity entity. Electricity Regulation
Officer 2006
Chief Power, as a public entity, to impose reasonable requirements Section 19(1) Electricity
16.02
Executive on an electricity entity that proposes to undertake action on a Regulation 2006
Officer publicly controlled place.
16.03 Chief Power, as a public entity, to require an electricity entity to Section 20(2)
Executive provide additional warning or protection devices to safeguard Electricity Regulation
Officer the public whilst taking action on a publicly controlled place. 2006
16.04 Chief Power, as a public entity, to agree with an electricity entity Section 21(2) Electricity
Executive about the restoration of a publicly controlled place that has Regulation 2006
Officer been opened or broken up, including the power to impose
reasonable conditions and requirements for the restoration.
Chief Power, as a public entity, to agree with an electricity entity Section 22(2)
16.05
Executive about the way maintenance work is to be carried out. Electricity Regulation
Officer 2006
Page 64 of 537
Section 65
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
16.06 Chief Power, as a local government, to consult with a person about Section 24 Electricity
Executive the installation of a low voltage electricity line beyond the Regulation 2006
Officer person’s property, including the power to state in writing
whether or not Council has any objection to the proposal.
17. Electrical Safety Act 2002
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
17.01 Chief Power as a person conducting a business or undertaking to Section 30 Electrical
Executive ensure the business or undertaking is conducted in a way that Safety Act 2002
Officer is electrically safe.
17.02 Chief Power as an installer to comply with the requirements of Section 36 Electrical
Executive subsection 36(2). Safety Act 2002
Officer
Page 65 of 537
Section 66
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
17.03 Chief Power as a repairer to comply with the requirements of Section 37 Electrical
Executive subsections 37(2) and (3). Safety Act 2002
Officer
17.04 Chief Power as a person in control of electrical equipment to ensure Section 38 Electrical
Executive it is electrically safe. Safety Act 2002
Officer
17.05 Chief Power as a person to register any matter, or record any Section 48E Electrical
Executive information about a matter in the national register. Safety Act 2002
Officer
Chief Power to give an electrical safety undertaking. Section 49(1) Electrical
17.06
Executive Safety Act 2002
Officer
17.07 Chief Power, as a person who has given an electrical safety Section 54(1) Electrical
Executive undertaking, to, with the written agreement of the regulator:- Safety Act 2002
Officer
(a) withdraw the undertaking; or
(b) vary the undertaking.
Page 66 of 537
Section 67
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
17.08 Chief Power as a person is conducting a business or undertaking Section 57AA
Executive that includes the performance of electrical work to ensure:- Electrical Safety Act
Officer 2002
(a) the electrical work is performed by the holder of an
electrical work licence that authorises the performance
of the work; and
(b) any supervision of the electrical work is carried out by
the holder of an electrical work licence that authorises
the performance of the work.
17.09 Chief Power, as a relevant person, in the circumstances listed in Section 57AB
Executive subsection 57AB(1):- Electrical Safety Act
Officer 2002
(a) keep a register of licensed workers in a way that
complies with subsection 57AB(3); and
(b) if asked by an inspector, make the register available for
immediate inspection by the inspector.
17.10 Chief Power, as a relevant person, in the circumstances listed in Section 57AC
Executive subsection 57AC(1), to comply with those matters listed in Electrical Safety Act
Officer subsection 57AC(2). 2002
Page 67 of 537
Section 68
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
17.11 Chief Power, as the recipient of a notice under subsection 57B(1), to Section 57B(2)
Executive give written representations to the regulator. Electrical Safety Act
Officer 2002
17.12 Chief Power, as the recipient of a notice under subsection 57B(1), to Section 57B(6)
Executive comply with the requirement. Electrical Safety Act
Officer 2002
Chief Power to comply with a requirement of an inspector to give Section 138(2)
17.13
Executive reasonable help made under subsection 138(1)(i). Electrical Safety Act
Officer 2002
17.14 Chief Power to comply with a requirement of an inspector made Section 141(6)
Executive under subsection 141(1)(a) or (b). Electrical Safety Act
Officer 2002
17.15 Chief Power to comply with a requirement of an inspector made Section 141G(9)
Executive under subsection 141G(6) or (8). Electrical Safety Act
Officer 2002
17.16 Chief Power to comply with a requirement of an inspector made Section 141H(2)
Executive under subsection 141H(1). Electrical Safety Act
Officer 2002
Page 68 of 537
Section 69
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
17.17 Chief Power to comply with a requirement of an inspector made Section 141L(3)
Executive under subsection 141L(2). Electrical Safety Act
Officer 2002
17.18 Chief Power to claim compensation from the State where Council Section 142B Electrical
Executive incurs loss or expense because of the exercise or purported Safety Act 2002
Officer exercise of a power under Part 11, Division 2.
17.19 Chief Power to comply with a requirement of an inspector made Section 143(5)
Executive under subsection 143(3). Electrical Safety Act
Officer 2002
Chief Power to comply with an improvement notice. Section 146B Electrical
17.20
Executive Safety Act 2002
Officer
Chief Power to comply with:- Section 147(6)
17.21
Executive Electrical Safety Act
(a) a direction of an inspector made under subsection
Officer 2002
(2)(a); and
(b) the electrical safety protection notice.
Chief Power to comply with an unsafe equipment notice. Section 148(3)
17.22
Executive Electrical Safety Act
Officer 2002
Page 69 of 537
Section 70
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
Chief Power to comply with a non-disturbance notice. Section 149B(1)
17.23
Executive Electrical Safety Act
Officer 2002
17.24 Chief Power to display a notice issued by an inspector that affects a Section 149H(1)
Executive Council workplace in a prominent place at or near the Electrical Safety Act
Officer workplace, or part of the workplace, at which work is being 2002
carried out that is affected by the notice.
17.25 Chief Power, as a person affected by an original decision, to apply Section 169 Electrical
Executive for the decision to be reviewed. Safety Act 2002
Officer
17.26 Chief Power, as a person affected by decision listed in Section 172 Electrical
Executive subparagraphs 172(a) to (e), to apply to QCAT for the decision Safety Act 2002
Officer to be reviewed.
17.27 Chief Power, in the circumstances listed in subparagraphs 186A(1) Sections 186A(1) and
Executive and (1A), to make a written request to the regulator that a (1A) Electrical Safety
Officer prosecution be brought. Act 2002
17.28 Chief Power, in the circumstances listed in subparagraph 186A(3), to Section 186A(3)
Executive make a written request to the regulator to refer the matter to Electrical Safety Act
Officer the Director of Public Prosecutions for consideration. 2002
Page 70 of 537
Section 71
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
Chief Power to comply with an order made under Part 13, Division 3. Section 187J(1)
17.29
Executive Electrical Safety Act
Officer 2002
18. Electrical Safety Regulation 2013
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
18.01 Chief Power, as a person conducting a business or undertaking at a Section11 Electrical
Executive workplace, to manage risks to health and safety associated Safety Regulation
Officer with electrical risks at the workplace in accordance with the 2013
Work Health and Safety Regulation 2011, chapter 3, part 3.1.
18.02 Chief Power, as a person conducting a business or undertaking, to Section 14 Electrical
Executive ensure that electrical work is not carried out on electrical Safety Regulation
Officer equipment while the equipment is energised. 2013
Page 71 of 537
Section 72
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
18.03 Chief Power, as a person conducting a business or undertaking, to Section 15 Electrical
Executive ensure that, before electrical work is carried out on electrical Safety Regulation
Officer equipment, the equipment is tested by a competent person to 2013
decide whether or not it is energised.
18.04 Chief Power, as a person conducting a business or undertaking, to Section 16 Electrical
Executive ensure that electrical equipment that has been de-energised to Safety Regulation
Officer allow electrical work to be carried out on it is not inadvertently 2013
re-energised while the work is being carried out.
18.05 Chief Power, as a person conducting a business or undertaking, to Section 18 Electrical
Executive ensure that electrical work on energised electrical equipment is Safety Regulation
Officer not carried out unless one of the requirements in subsection 2013
18(1) are met.
18.06 Chief Power, as a person conducting a business or undertaking, to Section 19 Electrical
Executive ensure the steps listed in subsection 19(1) are taken before Safety Regulation
Officer electrical work on energised electrical equipment commences 2013
at a workplace
18.07 Chief Power, as a person conducting a business or undertaking, to Section 20 Electrical
Executive ensure that only persons authorised by Council enter the Safety Regulation
Officer immediate area in which electrical work on energised electrical 2013
equipment is being carried out.
Page 72 of 537
Section 73
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
18.08 Chief Power, as a person conducting a business or undertaking, to Section 21 Electrical
Executive ensure that, while electrical work is being carried out on Safety Regulation
Officer energised electrical equipment, all persons are prevented from 2013
creating an electrical risk by inadvertently making contact with
an exposed energised component of the equipment.
18.09 Chief Power, as a person conducting a business or undertaking, to Section 22Electrical
Executive ensure that electrical work on energised electrical equipment is Safety Regulation
Officer carried out in accordance with the requirements of subsections 2013
22(1) and (2).
Chief Power, in the circumstances listed in subsection 23(1), to:- Section 23 Electrical
18.10
Executive Safety Regulation
(a) keep a copy of the risk assessment;
Officer 2013
(b) keep a copy of the safe work method statement;
(c) ensure a copy of each assessment and each statement
is readily accessible to any worker engaged by Council
to carry out electrical work to which the assessment or
statement relates; and
(d) ensure that a copy of each assessment and each
statement is available for inspection under the Act.
Page 73 of 537
Section 74
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
18.11 Chief Power, as a person conducting a business or undertaking, to Section 28 Electrical
Executive ensure workers who are required to perform, or help in Safety Regulation
Officer performing, electrical work are competent in rescue and 2013
resuscitation in accordance with recognised practices in the
electricity industry.
18.12 Chief Power, as a person conducting a business or undertaking, to Section 31(2) Electrical
Executive ensure Council’s workers do not contravene subsection 31(1). Safety Regulation
Officer 2013
18.13 Chief Power, as a person conducting a business or undertaking, to Section 32(2) Electrical
Executive ensure Council’s workers do not contravene subsection 32(1). Safety Regulation
Officer 2013
18.14 Chief Power, as a person conducting a business or undertaking, to Section 68(1) Electrical
Executive ensure, so far as is reasonably practicable, that no person, Safety Regulation
Officer plant or thing at the workplace comes within an unsafe 2013
distance of an overhead or underground electric line.
18.15 Chief Power, as a person conducting a business or undertaking, Section 68(2)
Executive where it is not reasonably practicable, to ensure the safe Electrical Safety
Officer distance of a person, plant or thing from an overhead or Regulation 2013
underground electric line, to take those steps required by
subsection 68(2).
Page 74 of 537
Section 75
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
18.16 Chief Power, as a person conducting a business or undertaking that Section 71(1) Electrical
Executive performs electrical work on an electrical installation, to ensure Safety Regulation
Officer the electrical installation, to the extent it is affected by the 2013
electrical work, complies with the requirements of subsection
71(1).
18.17 Chief Power, as a person conducting a business or undertaking that Section 72(2) Electrical
Executive performs work on water equipment, to ensure that a person Safety Regulation
Officer does not contravene subsection 72(1). 2013
18.18 Chief Power, as a person conducting a business or undertaking that Section 73(2) Electrical
Executive performs work on an electric motor, to ensure that a person Safety Regulation
Officer does not contravene subsection 73(1). 2013
18.19 Chief Power, in the circumstances set out in section 74, to take all Section 74 Electrical
Executive reasonable steps to ensure the defect is fixed. Safety Regulation
Officer 2013
18.20 Chief Power, as the person in control of the electrical installation that Section 76(2) Electrical
Executive receives electricity distributed by an electricity entity, to do Safety Regulation
Officer those things required by subsection 76(2). 2013
Page 75 of 537
Section 76
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
18.21 Chief Power, as the person in control of the electrical installation, to Section 77(1) Electrical
Executive ensure that any structure supporting an electric line or item of Safety Regulation
Officer electrical equipment forming part of the electrical installation 2013
complies with the requirements of subsection 77(1).
18.22 Chief Power, as the person in control of the electrical installation, to Section 78 Electrical
Executive maintain, to a reasonable extent, the integrity of the insulation Safety Regulation
Officer of any electric line, or connection to an electric line, that is part 2013
of the electrical installation
18.23 Chief Power, as the person in control of an overhead electric line, to Section 79 Electrical
Executive ensure that trees and other vegetation are trimmed, and other Safety Regulation
Officer measures taken, to prevent contact with the line that is likely to 2013
cause injury from electric shock to any person or damage to
property.
18.24 Chief Power, as the person in control of an overhead electric line, to Section 80(1) Electrical
Executive ensure that , if the line is disconnected from its electricity supply, Safety Regulation
Officer the line is:- 2013
(a) dismantled as soon as practicable after disconnection;
or
(b) maintained so it is electrically and mechanically safe.
Page 76 of 537
Section 77
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
18.25 Chief Power, as the transferor of residential land, to, on or before the Section 82(1) Electrical
Executive date of possession for the land, give the transferee of the land Safety Regulation
Officer written notice of whether an approved safety switch has been 2013
installed for the general purpose socket-outlets installed in the
domestic residence on the land.
18.26 Chief Power, as the transferor of residential land, to, within 90 days Section 83(1) Electrical
Executive after the date of possession for the land, give the regulator a Safety Regulation
Officer written notice stating the transfer and safety switch 2013
information.
18.27 Chief Power, in the circumstances set out in subsection 84(1), to have Section 84(2) Electrical
Executive an approved safety switch installed for the general purpose Safety Regulation
Officer socket-outlet. 2013
18.28 Chief Power, as the owner of the residential land in the Section 85(2) Electrical
Executive circumstances set out in subsection 85(1), to ensure an Safety Regulation
Officer approved safety switch is installed for the general purpose 2013
socket-outlet as soon as practicable after becoming aware of
the proposed residential tenancy agreement or that the
proposed residential tenancy agreement has been entered
into.
Page 77 of 537
Section 78
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
18.29 Chief Power, as a person conducting a business or undertaking, to Section 101(1) Electrical
Executive ensure that any unsafe electrical equipment at the workplace Safety Regulation
Officer complies with subsection 101(1). 2013
18.30 Chief Power, as a person conducting a business or undertaking, to Section 102(1)
Executive ensure that any cord extension set or flexible cable at the Electrical Safety
Officer workplace complies with subsection 102(1). Regulation 2013
18.31 Chief Power, as a person conducting a business or undertaking, to Section 104(1)
Executive ensure that all electrical equipment for the performance of Electrical Safety
Officer work complies with the requirements of AS/NZS 3012 Regulation 2013
(Electrical installations—Construction and demolition sites)
18.32 Chief Power, as a person conducting a business or undertaking, to Section 104(3)
Executive ensure, for the purposes of the business or undertaking, Electrical Safety
Officer electrical equipment mentioned in AS/NZS 3012, clause 3.1 is Regulation 2013
not fitted with a tag that includes the test or retest date for the
equipment unless the requirements of subsection 104(3).
18.33 Chief Power, as a person with management or control of a Section 104(5)
Executive workplace where construction work is being carried out, to Electrical Safety
Officer ensure that all construction wiring at the workplace complies Regulation 2013
with the requirements of AS/NZS 3012 (Electrical
installations—Construction and demolition sites).
Page 78 of 537
Section 79
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
18.34 Chief Power, as a person conducting a business or undertaking to Section 106(2)
Executive which section 105 applies, to ensure workers carrying out work Electrical Safety
Officer for the person do not use a double adaptor or piggyback plug. Regulation 2013
18.35 Chief Power, as a person conducting a business or undertaking to Section 107 Electrical
Executive which section 105 applies, to ensure that specified electrical Safety Regulation
Officer equipment of the person at the workplace complies with the 2013
requirements of subsections 107(1), (3) and (4).
18.36 Chief Power, as a person conducting a business or undertaking to Section 110(2)
Executive which section 105 applies, to ensure that each safety switch, Electrical Safety
Officer other than a portable safety switch, at the workplace complies Regulation 2013
with subsection 110(2).
18.37 Chief Power, as a person conducting a business or undertaking to Section 110(3)
Executive which section 105 applies, to ensure that each portable safety Electrical Safety
Officer switch the person has at the workplace complies with Regulation 2013
subsection 110(3).
18.38 Chief Power as a person conducting a business or undertaking to Section 110(4)
Executive which section 105 applies, to ensure that each safety switch Electrical Safety
Officer that is not working properly complies with subsection 110(4). Regulation 2013
Page 79 of 537
Section 80
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
18.39 Chief Power as a person conducting a business or undertaking to Section 112 Electrical
Executive which section 111 applies, to ensure that specified electrical Safety Regulation
Officer equipment of the person at the workplace is not used to 2013
perform work unless it complies with subsections 112(1), (2) and
(3).
18.40 Chief Power, as a person conducting a business or undertaking to Section 113(2)
Executive which section 111 applies, to ensure that each safety switch, Electrical Safety
Officer other than a portable safety switch, at the workplace complies Regulation 2013
with subsection 113(2).
18.41 Chief Power, as a person conducting a business or undertaking to Section 113(3)
Executive which section 111 applies, to ensure that each portable safety Electrical Safety
Officer switch the person has at the workplace complies with Regulation 2013
subsection 113(3).
18.42 Chief Power, as a person conducting a business or undertaking to Section 113(4)
Executive which section 111 applies, to ensure that each safety switch that Electrical Safety
Officer is not working properly complies with subsection 113(4). Regulation 2013
18.43 Chief Power, in the circumstances listing in subsection 209(1), before Section 209(2)
Executive the work starts, to give the electricity entity whose works Electrical Safety
Officer include the electric line written notice in a form approved by the Regulation 2013
electricity entity.
Page 80 of 537
Section 81
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
18.44 Chief Power, in the circumstances listing in subsection 209(1), to pay Section 209(4)
Executive the costs reasonably incurred by the electricity entity acting Electrical Safety
Officer under subsection 209(3). Regulation 2013
18.45 Chief Power, , as a person conducting a business or undertaking, to Section 230(2)
Executive keep a copy of the report of the examination, inspection or test Electrical Safety
Officer for at least 5 years after the report is made. Regulation 2013
Chief Power, before installing a cathodic protection system, to:- Section 241(2)
18.46
Executive Electrical Safety
(a) advise all relevant persons for the proposed cathodic
Officer Regulation 2013
protection system of the proposal to install the system;
and
(b) allow the relevant persons to examine the proposal.
18.47 Chief Power, as the owner of a cathodic protection system, to ensure Section 242 Electrical
Executive that the system is designed and installed in accordance with Safety Regulation
Officer the requirements of the cathodic protection standard. 2013
18.48 Chief Power, as the owner of a cathodic protection system, to Section 243(1)
Executive comply with the requirements of subsection 243(1). Electrical Safety
Officer Regulation 2013
Page 81 of 537
Section 82
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
18.49 Chief Power, as the owner of a cathodic protection system, to Section 244 Electrical
Executive perform tests. Safety Regulation
Officer 2013
18.50 Chief Power, as the owner of a cathodic protection system that is a Section 245 Electrical
Executive registered system, to perform further tests and interference Safety Regulation
Officer tests. 2013
Chief Power, as the owner of a relevant system, to perform Section 246 Electrical
18.51
Executive interference tests on all foreign structures for the system. Safety Regulation
Officer 2013
18.52 Chief Power, as the owner of a cathodic protection system, where Section 247 Electrical
Executive required by the regulator, to perform interference tests on a Safety Regulation
Officer foreign structure for the system not previously tested by the 2013
owner.
18.53 Chief Power, as the owner of a cathodic protection system in the Section 248(1)
Executive circumstances required by subsection 248(1), to keep records Electrical Safety
Officer of tests carried out under this division for 10 years. Regulation 2013
18.54 Chief Power, as the owner of a cathodic protection system, if asked Section 248(2)
Executive by the regulator, to give copies of the records within 14 days Electrical Safety
Officer after the request. Regulation 2013
Page 82 of 537
Section 83
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
18.55 Chief Power, as the owner of a cathodic protection system, if Section 249(2)
Executive required by the regulator, to provide access to, and facilities for Electrical Safety
Officer the testing of, the system. Regulation 2013
18.56 Chief Power, as the owner of a cathodic protection system, to ensure Section 250 Electrical
Executive the system complies with the requirements of section 250 for a Safety Regulation
Officer cathodic protection system. 2013
18.57 Chief Power, as the owner of a cathodic protection system, to ensure Section 251 Electrical
Executive the system complies with the requirements of section 251 for a Safety Regulation
Officer cathodic protection system. 2013
18.58 Chief Power, as the owner of a cathodic protection system, to ensure Section 252 Electrical
Executive that the tolerances for measuring instruments used to test the Safety Regulation
Officer system comply with the safety and technical requirements of 2013
the cathodic protection standard.
18.59 Chief Power, as the owner of a registrable system installed on land or Section 253 Electrical
Executive premises not owned by the owner of the system, to identify the Safety Regulation
Officer location of each anode groundbed of the system by erecting as 2013
close as practicable to the anode groundbed a clearly visible,
durable sign suitably and indelibly inscribed with the location of
the anode groundbed and the name of the owner of the
system.
Page 83 of 537
Section 84
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
18.60 Chief Power to apply for registration of a cathodic protection system Section 255 Electrical
Executive that is a registrable system and give the regulator further Safety Regulation
Officer relevant information the regulator requires to decide the 2013
application.
18.61 Chief Power, as the owner of a registered system, to give notice of Section 259(1)
Executive the change in name or address. Electrical Safety
Officer Regulation 2013
18.62 Chief Power, as the owner of a registered system, to give notice of Section 261 Electrical
Executive the removal or the making inoperable. Safety Regulation
Officer 2013
18.63 Chief Power, as the owner of a registered system that is changed or Section 262(1)
Executive where its method of operation is changed, to advise the Electrical Safety
Officer regulator and give written notice complying with subsection Regulation 2013
262(2).
18.64 Chief Power, where required by the regulator, to take all or part of Section 262(3)
Executive the action an applicant for registration of a registrable system Electrical Safety
Officer is required to take under Part 13. Regulation 2013
Page 84 of 537
Section 85
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
18.65 Chief Power, as a person who conducts a business or undertaking, to Section 265(1)
Executive ensure that the regulator is notified, in a way that complies with Electrical Safety
Officer subsections (2) to (4) , immediately after becoming aware that Regulation 2013
a serious electrical incident or dangerous electrical event
arising out of the conduct of the business or undertaking has
occurred.
18.66 Chief Power, as a person who conducts a business or undertaking, to Section 265(6)
Executive keep a record of each serious electrical incident or dangerous Electrical Safety
Officer electrical event for at least 5 years after the day that notice of Regulation 2013
the incident or event is given to the regulator.
18.67 Chief Power, if a serious electrical incident or dangerous electrical Section 269(2)
Executive event happens at a place, to ensure, so far as is reasonably Electrical Safety
Officer practicable, that the site where the incident or event occurred Regulation 2013
is not disturbed until an inspector arrives at the site or any
earlier time that an inspector directs.
Page 85 of 537
Section 86
2024 Register of Delegations
Council to Chief Executive Officer
19. Environmental Offsets Act 2014
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
19.01 Chief Power to make an environmental offsets policy available for Section 12(3)
Executive inspection. Environmental Offsets
Officer Act 2014
19.02 Chief Power, as an administering agency, to impose an offset Sections 14 and 15
Executive condition if the circumstances in sections 14 and 15 apply. Environmental Offsets
Officer Act 2014
19.03 Chief Power to consider a notice of election and any offset delivery Section 19(1)
Executive plan. Environmental Offsets
Officer Act 2014
19.04 Chief Power to decide whether it is appropriate to deliver the Sections 19(2) and
Executive environmental offset in the way stated in the notice of election, 19(3)Environmental
Officer and any offset delivery plan, or whether the offset should be Offsets Act 2014
delivered in a different way and to give notice of the decision.
19.05 Chief Power to agree to amend either or both of the agreed delivery Section 19(7)
Executive arrangement and an offset delivery plan. Environmental Offsets
Officer Act 2014
Page 86 of 537
Section 87
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
19.06 Chief Power to give the notice required to be given under subsection Section 19A
Executive (4). Environmental Offsets
Officer Act 2014
Chief Power to enter another agreed delivery arrangement. Section 20
19.07
Executive Environmental Offsets
Officer Act 2014
19.08 Chief Power to decide an application to remove duplicate conditions, Section 25A
Executive make other amendments to the authority, and give notice of Environmental Offsets
Officer the decision. Act 2014
19.09 Chief Power, as a relevant agency, to enter an environmental offset Section 26
Executive agreement. Environmental Offsets
Officer Act 2014
19.10 Chief Power, as a relevant agency, to enter another environmental Section 28
Executive offset agreement that varies, or terminates and replaces, an Environmental Offsets
Officer earlier environmental offset agreement. Act 2014
19.11 Chief Power, in the circumstance specified in subsection 35(1)(a), to Section 35
Executive give a compliance notice in relation to the terms of the Environmental Offsets
Officer environmental offset agreement. Act 2014
Page 87 of 537
Section 88
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
19.12 Chief Power, where Council has given a compliance notice and the Section 39
Executive person contravenes it by not doing something, to do the thing Environmental Offsets
Officer and recover any reasonable costs or expenses incurred in Act 2014
doing it as a debt.
19.13 Chief Power to credit amounts received by Council as a financial Section 89(1)
Executive settlement offset to Council’s trust fund. Environmental Offsets
Officer Act 2014
19.14 Chief Power to transfer an amount received by Council as a financial Section 89(2)
Executive settlement offset in one of the circumstances listed in Environmental Offsets
Officer subsection (2). Act 2014
19.15 Chief Power, as an administering agency, to keep a register of the Section 90
Executive matters listed in subsection one, make the register available for Environmental Offsets
Officer inspection and give information held on the register to the chief Act 2014
executive.
Page 88 of 537
Section 89
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
19.16 Chief Power, as an administering agency, to decide an application to Section 95B
Executive amend:- Environmental Offsets
Officer Act 2014
(a) an existing authority;
(b) an authority granted, on or after commencement, as
the result of an application that was made but not dealt
with, before commencement,
and to do all things authorised or required by section 95B
following the making of the decision.
20. Environmental Offsets Regulation 2014
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
Page 89 of 537
Section 90
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
Chief Power, as an owner of land proposed to be included within a Section 11(3)(c)
20.01
Executive new area covered by a later environmental offset agreement, Environmental Offsets
Officer to decide whether or not to consent to the amended Regulation 2014
declaration of the environmental offset protection area.
20.02 Chief Power, as a decision maker, to decide an application for an Section 14
Executive area of land to be identified as an advanced offset and to do all Environmental Offsets
Officer things authorised or required by section 14 following the Regulation 2014
making of the decision.
20.03 Chief Power, as a decision maker, to remove an advanced offset Section 14(7)
Executive from the register kept under section 90 of the Act. Environmental Offsets
Officer Regulation 2014
20.04 Chief Power, as a decision maker, to decide an application to vary Section 15
Executive the boundary of an area of land identified as an advanced Environmental Offsets
Officer offset and to do all things authorised or required by section 15 Regulation 2014
following the making of the decision.
20.05 Chief Power, as a relevant entity, to extend the time for applying for Section 18(2)
Executive internal review. Environmental Offsets
Officer Regulation 2014
Page 90 of 537
Section 91
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
20.06 Chief Power, as a relevant entity, to review a reviewable decision, Section 19
Executive make an internal review decision and to do all things Environmental Offsets
Officer authorised or required by section 19 following the making of the Regulation 2014
decision.
21. Environmental Protection Act 1994
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.01 Chief Power, as an affected person, to make written comments to Sections 42 and 43
Executive the chief executive about a TOR notice. Environmental
Officer Protection Act 1994
21.02 Chief Power to make a written submission about a submitted EIS. Section 54
Executive Environmental
Officer Protection Act 1994
Page 91 of 537
Section 92
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.03 Chief Power, as an administering authority, to give an applicant a Section 128
Executive notice about an application that is not a properly made Environmental
Officer application. Protection Act 1994
21.04 Chief Power to agree a further period within which the applicant Section 129
Executive must give notice under section 128 Environmental
Officer Protection Act 1994
21.05 Chief Power, as an administering authority, to give a notice or other Section 130(3)(a)
Executive document relating to an application made by joint applicants, Environmental
Officer to the principal applicant nominated in the application. Protection Act 1994
21.06 Chief Power, as an administering authority, to make a requirement Section 130(3)(b)
Executive under Chapter 5 relating to an application made by joint Environmental
Officer applicants, to the principal applicant nominated in the Protection Act 1994
application.
21.07 Chief Power, as an administering authority, to refuse to allow a Section 132
Executive change to an application if the change would result in the Environmental
Officer application not being a properly made application and the Protection Act 1994
applicant does not take action to make the remade application
properly made.
21.08 Chief Power, as an administering authority, to give written Section 133
Executive agreement that a change to an application is a minor change. Environmental
Officer Protection Act 1994
Page 92 of 537
Section 93
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.09 Chief Power, as an administering authority, to determine satisfaction Section 136(b)(i)
Executive that the requirements under the application stage have been Environmental
Officer complied with. Protection Act 1994
21.10 Chief Power, as an administering authority, to make a written Section 140
Executive information request to the applicant to give further information Environmental
Officer needed to assess the application. Protection Act 1994
21.11 Chief Power, as an administering authority, to agree to extend the Sections 145 and 147
Executive applicant’s information request response period. Environmental
Officer Protection Act 1994
21.12 Chief Power, as an administering authority, to determine not to make Section 148(b)(i)
Executive an information request. Environmental
Officer Protection Act 1994
21.13 Chief Power, as an administering authority, to, by written notice to the Section 168
Executive applicant, extend the decision period and further extend the Environmental
Officer decision period with the written agreement of the applicant. Protection Act 1994
21.14 Chief Power, as an administering authority, to approve a standard Section 170
Executive application subject to the standard conditions for the relevant Environmental
Officer activity or authority. Protection Act 1994
Page 93 of 537
Section 94
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.15 Chief Power, as an administering authority, to approve a variation Section 171
Executive application subject to the standard conditions for the relevant Environmental
Officer activity or authority or subject to conditions which are different Protection Act 1994
to the standard conditions for the activity or authority.
21.16 Chief Power, as an administering authority, to refuse a site- specific Section 172
Executive application or approve a site-specific application subject to Environmental
Officer conditions. Protection Act 1994
21.17 Chief Power, as an administering authority after making a decision Section 181
Executive under division 2, subdivision 2, to give written notice of the Environmental
Officer decision. Protection Act 1994
21.18 Chief Power, as an administering authority, to make a final decision Section 194A
Executive on an application for an environmental authority. Environmental
Officer Protection Act 1994
21.19 Chief Power, as an administering authority, to issue an environmental Section 195
Executive authority. Environmental
Officer Protection Act 1994
21.20 Chief Power, as an administering authority, to include a copy of an Section 197
Executive environmental authority in the relevant register. Environmental
Officer Protection Act 1994
Page 94 of 537
Section 95
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.21 Chief Power, as an administering authority, to give an information Section 198(2)
Executive notice to the applicant for an environmental authority. Environmental
Officer Protection Act 1994
21.22 Chief Power, as an administering authority, to give an information Section 198(4)
Executive notice about the decision to any submitter for the application. Environmental
Officer Protection Act 1994
21.23 Chief Power, as an administering authority, to impose a condition on Section 203
Executive an environmental authority or draft environmental authority to Environmental
Officer which section 115 applies. Protection Act 1994
21.24 Chief Power, as an administering authority, to amend an Section 211
Executive environmental authority to correct a clerical or formal error by Environmental
Officer giving written notice to the holder but only if the amendment Protection Act 1994
does not adversely affect the interests of the holder or anyone
else.
21.25 Chief Power, as an administering authority, to amend an existing Section 213
Executive environmental authority issued subject to conditions to replace Environmental
Officer the existing standard conditions with new standard conditions Protection Act 1994
issued by the chief executive and to give written notice of the
amendment to the environmental authority holder.
Page 95 of 537
Section 96
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.26 Chief Power, as an administering authority, to make an amendment Section 215
Executive to an environmental authority:- Environmental
Officer (a) which is necessary or desirable because of a matter Protection Act 1994
mentioned in section 215(2) and where the procedure
required by Chapter 5, Part 6, Division 2 is followed; or
(b) if the holder has agreed in writing to the amendment.
21.27 Chief Power, as an administering authority, to make particular Sections 216 and 219
Executive amendments to an environmental authority in accordance with Environmental
Officer the procedure required by Chapter 5, Part 6, Division 2. Protection Act 1994
21.28 Chief Power, as an administering authority, to refuse an amendment Section 227A
Executive application to which section 227A(1) applies, to require the Environmental
Officer environmental authority holder to make a site specific Protection Act 1994
application and to give written notice of the refusal to the
applicant.
21.29 Chief Power, as an administering authority where an amendment Section 227AAB(2)
Executive application is not a properly made amendment application, to Environmental
Officer give the applicant a notice stating all the matter contained in Protection Act 1994
the subsection.
21.30 Chief Power, as an administering authority where a notice has been Section 227AAC(2)
Executive issued under subsection 227AAB(2), to agree to a further Environmental
Officer period to take the action mentioned in subsection Protection Act 1994
227AAB(2)(c).
Page 96 of 537
Section 97
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.31 Chief Power, as an administering authority after receiving an Section 228(1)
Executive amendment application, to decide whether the proposed Environmental
Officer amendments is a minor or major amendment. Protection Act 1994
21.32 Chief Power, as an administering authority, to set the submission Section 234
Executive period for the application by written notice. Environmental
Officer Protection Act 1994
21.33 Chief Power, as an administering authority, to give written Section 237
Executive agreement to the continued assessment of a changed Environmental
Officer application to amend an environmental authority. Protection Act 1994
21.34 Chief Power, as an administering authority, to request further Section 238(3)
Executive information needed to assess a changed amendment Environmental
Officer application which is not a minor change and to which the Protection Act 1994
information stage applies.
21.35 Chief Power, as an administering authority, to decide that the Section 238(7)
Executive notification stage be repeated in respect of a changed Environmental
Officer amendment application which would be likely to attract a Protection Act 1994
submission objecting to the change.
Page 97 of 537
Section 98
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.36 Chief Power, as an administering authority, to:- Sections 240 & 242
Executive (a) decide to approve or refuse an amendment Environmental
Officer application; Protection Act 1994
(b) if the amendment is approved, to make other
amendments to the conditions of the environmental
authority;
(c) give notice of the decision to the applicant; and
(d) include a copy of any amended environmental authority
in the register
21.37 Chief Power, as an administering authority, to decide to approve an Section 247
Executive application to amalgamate environmental authorities or refuse Environmental
Officer an amalgamation application to which section 247(1)(b) applies Protection Act 1994.
and impose conditions on the amalgamated environmental
authority.
21.38 Chief Power, as an administering authority that decides to approve Section 248
Executive an amalgamation application, to amalgamate the existing Environmental
Officer authorities, issue it to the applicant and include a copy of it in Protection Act 1994.
the relevant register.
Page 98 of 537
Section 99
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.39 Chief Power, as an administering authority, to:- Section 250C
Executive (a) de-amalgamate an environmental authority; Environmental
Officer Protection Act 1994.
(b) issue the de-amalgamated environmental authorities;
(c) impose conditions on each de-amalgamated
environmental authority to the extent necessary for the
de-amalgamation; and
(d) include each environmental authority in the relevant
register.
21.40 Chief Power, as an administering authority, to approve or refuse an Section 254
Executive application by the holder of an environmental authority to Environmental
Officer transfer all or part of the environmental authority to another Protection Act 1994.
entity.
21.41 Chief Power, as an administering authority, to decide whether a final Section 264
Executive rehabilitation report includes enough information to decide that Environmental
Officer the requirements in section 264(b)(i) and 264(b)(ii) have been Protection Act 1994
met.
21.42 Chief Power, as an administering authority, to make a written request Section 265
Executive to an applicant to give further information needed to assess an Environmental
Officer application to surrender an environmental authority. Protection Act 1994
Page 99 of 537
Section 100
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.43 Chief Power, as an administering authority, to approve or refuse a Section 266
Executive surrender application. Environmental
Officer Protection Act 1994
21.44 Chief Power, as an administering authority, after deciding a Section 275
Executive surrender application to take the steps listed in subsections Environmental
Officer 275(a) or 275(b) as applicable. Protection Act 1994
21.45 Chief Power, as an administering authority, to:- Sections 278, 279,
Executive (a) cancel, suspend or extend the suspension of an 280, 281, 282, 283 and
Officer environmental authority if an event mentioned in 284 Environmental
section 278(2) has occurred; Protection Act 1994
(b) follow the procedures in Chapter 5, Part 11, Division 2;
(c) give notice of the decision; and
(d) record the action in the relevant register.
21.46 Chief Power, as an administering authority in the circumstances set Section 284AA(2)
Executive out in subsection 284AA(1), to cancel an environmental Environmental
Officer authority if the procedure in Chapter 5, Part 11, Division 2 is Protection Act 1994
followed.
Page 100 of 537
Section 101
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.47 Chief Power, as an administering authority, to: Sections 284C and
Executive (a) approve or refuse an application made by the holder of 284F Environmental
Officer an environmental authority to suspend or extend the Protection Act 1994
suspension of the environmental authority;
(b) record the decision in the appropriate register; and
(c) if the decision is to refuse, give the holder an
information notice about the decision.
21.48 Chief Power, as the administering authority, to impose a condition on Section 308
Executive an environmental authority requiring the holder to give financial Environmental
Officer assurances as security for compliance with the environmental Protection Act 1994
authority and for costs or expenses mentioned in section 316C.
21.49 Chief Power, as an administering authority, to decide the amount and Section 310
Executive form of financial assurance required under a condition of an Environmental
Officer environmental authority. Protection Act 1994
21.50 Chief Power, as an administering authority, to give notice of the Section 311
Executive decision under section 310.. Environmental
Officer Protection Act 1994
Page 101 of 537
Section 102
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.51 Chief (a) Power, as an administering authority that receives an Section 314
Executive application under section 312, to approve or refuse the Environmental
Officer application and give the applicant notice of the Protection Act 1994
decision.
21.52 Chief Power, as an administering authority, to require the holder of Section 315
Executive an environmental authority for which financial assurance has Environmental
Officer been given to change the amount of the financial assurance, Protection Act 1994
including giving written notice to the holder.
21.53 Chief Power, as an administering authority in the circumstances Section 316D
Executive referred to in 316C, to make a claim on or realise a financial Environmental
Officer assurance. Protection Act 1994
21.54 Chief Power, as an administering authority in the circumstances set Section 316E
Executive out in subsection 316E(1) and (2) give written notice to the entity Environmental
Officer who gave the EPA assurance or the entity who paid the surety. Protection Act 1994
21.55 Chief Power, as an administering authority, to decide whether to Section 316G
Executive make a claim on, or realise, the EPA assurance, or to ask for Environmental
Officer payment of the costs and expenses mentioned in subsection Protection Act 1994
316D(2)(b) and give an information notice about the decision
Page 102 of 537
Section 103
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.56 Chief Power, as an administering authority, to:- Section 316GD
Executive (a) grant or refuse the temporary authority; and Environmental
Officer Protection Act 1994
if the decision is refuse, give an information notice for the
decision.
21.57 Chief Power, as an administering authority, to:- Section 316GE
Executive (a) impose conditions on the authority; and Environmental
Officer Protection Act 1994
notify the applicant of the proposed conditions.
21.58 Chief Power, as an administering authority, to give the temporary Section 316GF
Executive authority to the applicant. Environmental
Officer Protection Act 1994
21.59 Chief Power, as the administering authority, to give an annual notice. Section 316I(2)
Executive Environmental
Officer Protection Act 1994
21.60 Chief Power, as the administering authority, to recover from the Section 316I(4)
Executive holder of an environmental authority as a debt, outstanding Environmental
Officer annual fees. Protection Act 1994
21.61 Chief Power, as an administering authority, to change the Sections 316L and
Executive anniversary day for an environmental authority for which an 316M Environmental
Officer annual fee is prescribed, in the circumstances provided for by Protection Act 1994
section 316L(1)(a) and 316L(1)(b).
Page 103 of 537
Section 104
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.62 Chief Power, as an administering authority, to give the holder:- Section 316N
Executive (a) if the decision is the change the day – written notice of Environmental
Officer the decision; or Protection Act 1994
if the decision is not to change the day – an information notice
for the decision.
21.63 Chief Power, as an administering authority to, in the circumstances Section 316P
Executive specified in section 316P(1)(a) and 316P(1)(b):- Environmental
Officer (b) require the holder of the environmental authority to Protection Act 1994
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;
give written notice of the proposed requirement prior to
making it.
21.64 Chief Power, as an administering authority, to ask any entity for Section 316Q
Executive advice, comment or information about an application made Environmental
Officer under Chapter 5. Protection Act 1994
21.65 Chief Power to make submissions about a proposed ERA standard. Section 318A
Executive Environmental
Officer Protection Act 1994
Page 104 of 537
Section 105
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.66 Chief Power, as a person, to take measures as far as is reasonably Section 319C(2)
Executive practicable to rehabilitate or restore the environment to its Environmental
Officer condition before the harm. Protection Act 1994
21.67 Chief Power, as person aware of an event, or who ought reasonably Section 320C
Executive have been aware of an event, described in section 320A, to Environmental
Officer give written notice of the event, its nature and the Protection Act 1994
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.
21.68 Chief Power, as employer aware of an event, or who ought Section 320D
Executive reasonably have been aware of an event, described in section Environmental
Officer 320A, to give written notice of the event, its nature and the Protection Act 1994
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.
21.69 Chief Power, as a person mentioned in section 320A(2)(a), to within Section 320DA(1)
Executive 24 hours after becoming aware or the time when they ought Environmental
Officer reasonably to have become aware of an event or change Protection Act 1994
mentioned in section 320A(2)(b)(i) or (ii) give the administering
authority written notice of the matters stated in subsection (2).
Page 105 of 537
Section 106
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.70 Chief Power, as a person mentioned in section 320A(2)(a), to within Section 320DA(3)
Executive 20 business days after becoming aware or the time when they Environmental
Officer ought reasonably to have become aware of an event or Protection Act 1994
change mentioned in section 320A(2)(b)(iii) give the
administering authority written notice of the activity.
21.71 Chief Power, as a local government mentioned in section 320A(3)(c), Section 320DB(1)
Executive to within 20 business days after becoming aware or the time Environmental
Officer when they ought reasonably to have become aware that the Protection Act 1994
activity has been, or is being, carried out on land in its area, give
the administering authority written notice.
21.72 Chief Power, as a local government mentioned in sections 320A(3)(a) Section 320DB(2)
Executive or 320A(3)(b), to within 24 hours after becoming aware or the Environmental
Officer time when they ought reasonably to have become aware of the Protection Act 1994
matter mentioned in section 320A(3)(a) or (b), give the
administering authority written notice.
21.73 Chief Power, as an administering authority, to require a person to Sections 322 and 323
Executive conduct or commission an environmental audit and give an Environmental
Officer environmental report about the audit. Protection Act 1994
Page 106 of 537
Section 107
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.74 Chief Power, as an administering authority, to require a person to Section 326B
Executive conduct or commission an environmental investigation. Environmental
Officer Protection Act 1994
21.75 Chief Power, as an administering authority, to ask for further Section 326F
Executive information and extend the time for making a request under Environmental
Officer subsection (2). Protection Act 1994
21.76 Chief Power, as an administering authority, to accept the report or Section 326G
Executive refuse to accept the report and to give notice of the decision. Environmental
Officer Protection Act 1994
21.77 Chief Power, as an administering authority which has accepted an Section 326H
Executive environmental report under section 326G, to do 1 or more of Environmental
Officer the things listed in subsection (1). Protection Act 1994
21.78 Chief Power, as an administering authority which has refused to Section 326I
Executive accept an environmental report under section 326G(4)(b), to, Environmental
Officer by written notice, require the recipient to conduct or Protection Act 1994
commission another environmental investigation and submit a
report on the investigation.
21.79 Chief Power, as an administering authority, to require a person or Section 332
Executive public authority to apply to the administering authority for the Environmental
Officer issue of a transitional environmental program. Protection Act 1994
Page 107 of 537
Section 108
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.80 Chief Power, as an administering authority, to receive an application Section 333
Executive for the issue of a transitional environmental program. Environmental
Officer Protection Act 1994
21.81 Chief Power, as an administering authority, to by written notice Section 334(1)
Executive require the person or public authority that applied for the issue Environmental
Officer of the transitional environmental authority to give further Protection Act 1994
information.
21.82 Chief Power to give the administering authority the requested Sections 334(3) and
Executive information and ask the administering authority to extend the (4) Environmental
Officer information response period. Protection Act 1994
21.83 Chief Power to make a submission in relation to an application for the Section 335
Executive issue of a transitional environmental program. Environmental
Officer Protection Act 1994
21.84 Chief Power to give public notice of the application for the issue of a Section 335(2)
Executive transitional environmental program. Environmental
Officer Protection Act 1994
21.85 Chief Power, as an administering authority, to invite parties that Section 336
Executive made the application or provided submissions under section Environmental
Officer 335 to a conference to help it determine whether or not to Protection Act 1994
approve an application for the issue of a draft transitional
environmental program.
Page 108 of 537
Section 109
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.86 Chief Power, as an administering authority, to seek advice, comment Section 336A
Executive or information about an application for the issue of a Environmental
Officer transitional environmental program. Protection Act 1994
21.87 Chief Power, as an administering authority, to extend the period for Section 337
Executive decision about an application for the issue of a transitional Environmental
Officer environmental program and approve a transitional Protection Act 1994
environmental program.
21.88 Chief Power, as an administering authority, to:- Section 339(1) and (2)
Executive a) approve a transitional environmental program; or Environmental
Officer Protection Act 1994
b) refuse to approve a transitional environmental program.
21.89 Chief Power, as an administering authority, to: Section 340
Executive (a) where the administering authority approves the Environmental
Officer application issue the transitional environmental Protection Act 1994
program; and
(b) where the administering authority refuses the
application or imposes conditions – give an
information notice.
Page 109 of 537
Section 110
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.90 Chief Power, as an administering authority, to approve an Section 342
Executive application for a transitional environmental program if there Environmental
Officer has been substantial compliance with public notice Protection Act 1994
requirements.
21.91 Chief Power, as an administering authority when issuing a Section 343A
Executive transitional environmental program, to include a note in the Environmental
Officer environmental authority. Protection Act 1994
21.92 Chief Power, as an administering authority, to consider and approve Section 344
Executive or refuse an application to amend a transitional environmental Environmental
Officer program. Protection Act 1994
21.93 Chief Power, as an administering authority, to amend a transitional Section 344AA
Executive environmental program to correct a clerical or formal error, Environmental
Officer and to give written notice of the amendment. Protection Act 1994
21.94 Chief Power, as an administering authority, to amend a transitional Section 344AB(1)
Executive environmental program, or a condition imposed on a Environmental
Officer transitional environmental program, at any time. Protection Act 1994
21.95 Chief Power, as the holder of a transitional environmental program, Section 344AB(1)(b)
Executive to agree in writing to the amendment. Environmental
Officer Protection Act 1994
Page 110 of 537
Section 111
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.96 Chief Power, as an administering authority, to within the relevant Section 344AC(2)
Executive period amend the transitional environmental program to give Environmental
Officer effect to the amendment, issue the amended transitional Protection Act 1994
environmental program to the holder and include a copy of the
amended transitional environmental program in the relevant
register.
21.97 Chief Power, as an administering authority, to give the holder of the Section 344AE(1)
Executive transitional environmental program a proposed amendment Environmental
Officer notice. Protection Act 1994
21.98 Chief Power, as the holder of a transitional environmental program, Section 344AE(1)(d)
Executive to make written representations to show why the proposed Environmental
Officer amendment should not be made. Protection Act 1994
21.99 Chief Power, as an administering authority, to consider any written Section 344AF
Executive representation made by the holder of the transitional Environmental
Officer environmental program. Protection Act 1994
21.100 Chief Power, as an administering authority, to make the amendment Section 344AG(1)
Executive decision. Environmental
Officer Protection Act 1994
Page 111 of 537
Section 112
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.101 Chief Power, as an administering authority, to give the holder written Section 344AG(4)
Executive notice of the decision not to make the proposed amendment. Environmental
Officer Protection Act 1994
21.102 Chief Power, as an administering authority, to give the holder of the Section 344AH
Executive transitional environmental program an information notice. Environmental
Officer Protection Act 1994
21.103 Chief Power, as an administering authority, to cancel a transitional Section 344E
Executive environmental program, give notice of the decision or record Environmental
Officer details of the decision in a register. Protection Act 1994
21.104 Chief Power, as an administering authority, to withdraw the notice or Section 344F
Executive remove the record. Environmental
Officer Protection Act 1994
21.105 Chief Power, as an administering authority, to give the holder of the Section 344G
Executive environmental authority a copy of the authority that does not Environmental
Officer include the note. Protection Act 1994
21.106 Chief Power, as an administering authority, to give written notice of Section 352
Executive the matters listed in section 352(1). Environmental
Officer Protection Act 1994
Page 112 of 537
Section 113
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.107 Chief Power, as an administering authority, to apply to the Court for Section 355
Executive an order that section 353(1) does not apply. Environmental
Officer Protection Act 1994
21.108 Chief Power, as an administering authority who has made an Section 357(2)
Executive application to the Court under section 355, to apply to the Environmental
Officer Court for an order pending decision on the application Protection Act 1994
21.109 Chief Power, as administering authority, to – Sections 357C, 357D,
Executive grant an application for a temporary emissions licence, with 357E and 357F
Officer or without conditions, as submitted or on different terms Environmental
than have been requested in the application; or Protection Act 1994
refuse to grant the application for a temporary emissions
licence; and
where necessary, give an information notice.
21.110 Chief Power, as administering authority, to amend, cancel or Section 357J
Executive suspend a temporary emissions licence. Environmental
Officer Protection Act 1994
21.111 Chief Power, as holder of a temporary emissions licence, to give Section 357J(b)
Executive written agreement to the amendment of the licence. Environmental
Officer Protection Act 1994
Page 113 of 537
Section 114
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.112 Chief Power, as an administering authority, to issue an environmental Section 362
Executive enforcement order. Environmental
Officer Protection Act 1994
21.113 Chief Power, as a recipient of an environmental enforcement order, Section 369C(2)
Executive to give written notice to the buyer of the existence of the order. Environmental
Officer Protection Act 1994
21.124 Chief Power, as a recipient of an environmental enforcement order, Section 369C(6)
Executive to provide written notice of the disposal to the administering Environmental
Officer authority. Protection Act 1994
21.125 Chief Power, in the circumstances listed in subsection (1), to give Section 369D(2)
Executive written notice of ceasing to carry out the activity to the Environmental
Officer administering authority. Protection Act 1994
21.126 Chief Power, as an owner and/or occupier of land in the Section 369E(2)(a)
Executive circumstances listed in subsection (1), to give consent to the Environmental
Officer entry. Protection Act 1994
21.127 Chief Power, in the circumstances listed in subsection (1), to give Section 369E(2)(b)
Executive written notice of the entry to the owner and occupier of the Environmental
Officer land. Protection Act 1994
Page 114 of 537
Section 115
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.128 Chief Power, in the circumstances listed in subsections (1) and (2), to Section 369H(2)
Executive recover as a debt from another person who caused or Environmental
Officer permitted the contamination incident to happen, the amount of Protection Act 1994
loss or expense incurred by the recipient in complying with the
order.
21.129 Chief Power, as an administering authority, to issue a cost recovery Section 369J(1)
Executive notice. Environmental
Officer Protection Act 1994
21.130 Chief Power, as an administering authority, to recover the amount Section 369J(4)
Executive stated in the cost recovery notice from the recipient as a debt. Environmental
Officer Protection Act 1994
21.131 Chief Power, as an administering authority, to decide a person has a Section 369N(2)
Executive relevant connection with a company. Environmental
Officer Protection Act 1994
21.132 Chief Power, as an administering authority, to issue an environmental Section 369P(1)
Executive enforcement order to a related person of the company. Environmental
Officer Protection Act 1994
21.133 Chief Power, as an administering authority, to issue an environmental Section 369Q(1)
Executive enforcement order under division 2 to a related person of a Environmental
Officer high risk company. Protection Act 1994
Page 115 of 537
Section 116
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.134 Chief Power, as the land’s owner, to: Section 376
Executive (a) make a written submission to the administering Environmental
Officer authority in response to a show cause notice issued Protection Act 1994
pursuant to section 375.;
(b) make the declaration mentioned in section 375(2)(e);
and
(c) include a copy of any investigation report mentioned in
section 375(4).
21.135 Chief Power, as the owner of land, to make an inclusion request and Sections 379B and
Executive respond to any request for further information from the 379C Environmental
Officer administering authority. Protection Act 1994
21.136 Chief Power, to give the administering authority:- Section 390
Executive (a) a contaminated land investigation document Environmental
Officer accompanied by a declaration and a statement; and Protection Act 1994
(b) a statement as owner of the land agreeing to the draft
plan.
21.137 Chief Power, as a prescribed responsible person, to make a written Section 392(1)
Executive submission in response to a show cause notice issued pursuant Environmental
Officer to section 391. Protection Act 1994
Page 116 of 537
Section 117
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.138 Chief Power, as a prescribed responsible person, to comply with a Section 394(5)
Executive notice issued by the administering authority pursuant to this Environmental
Officer section. Protection Act 1994
21.139 Chief Power, as a prescribed responsible person, to:- Section 395
Executive (a) obtain the consent of the owner or occupier to enter the Environmental
Officer land; Protection Act 1994
(b) give the owner or occupier written notice of the
intention to enter the land;
(c) agree with the owner or occupier about reasonable
compensation because of the loss or damage; and
(d) appear in any proceeding before a court of competent
jurisdiction (including instructing a legal representative
to appear) where agreement about compensation
cannot be reached.
21.140 Chief Power, as a prescribed responsible person, to comply with a Section 397
Executive requirement of the administering authority given pursuant to Environmental
Officer this section. Protection Act 1994
21.141 Chief Power to apply to amend a site management plan and to Section 402
Executive comply with Chapter 7, Part 8, Division 3, Subdivisions 2 to 4 as Environmental
Officer they relate to the application. Protection Act 1994
Page 117 of 537
Section 118
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.142 Chief Power, as owner or occupier of land, to consent to the Section 403
Executive amendment of a site management plan for the land by the Environmental
Officer administering authority. Protection Act 1994
21.143 Chief Power, as the person who released the contaminant, the Section 404
Executive relevant local government or the owner of the land, to prepare Environmental
Officer a draft amendment of a site management plan if requested to Protection Act 1994
do so by the administering authority and to comply with
Chapter 7, Part 8, Division 3, Subdivisions 2 to 5 as they relate
to the draft amendment.
21.144 Chief Power, as owner of land, to give a lessee or proposed lessee Section 407
Executive notice that particulars of the land have been recorded in the Environmental
Officer contaminated land register. Protection Act 1994
21.145 Chief Power, as an owner of land in a circumstance listed in Section 408
Executive subsection (1), to give the notice required by subsection (2). Environmental
Officer Protection Act 1994
21.146 Chief Power, as an administering authority, to require a person to Section 451
Executive provide information for the enforcement or administration of Environmental
Officer this Act. Protection Act 1994
21.147 Chief Power, as owner or occupier of land, to consent to an Section 452
Executive authorised person’s entry onto the land. Environmental
Officer Protection Act 1994
Page 118 of 537
Section 119
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.148 Chief Power, as owner or occupier of land, to consent to an Section 454
Executive authorised person’s entry onto the land. Environmental
Officer Protection Act 1994
21.149 Chief Power, as an administering authority, to issue a notice that an Section 454(3)(b) and
Executive authorised person will enter land. (4) Environmental
Officer Protection Act 1994
21.150 Chief Power, as the occupier of access land, to consent to an Section 455
Executive authorised person’s entry onto the land. Environmental
Officer Protection Act 1994
21.151 Chief Power, as a corporation, to comply with a written notice Section 465(3)
Executive requiring Council to nominate an executive officer or employee Environmental
Officer who is authorised to answer a question under section 465(3). Protection Act 1994
21.152 Chief Power as a person to whom an emergency direction is given to Section 478
Executive comply with the direction and to take the steps required by Environmental
Officer subsection (b). Protection Act 1994
21.153 Chief Power, as an administering authority, to waive payment of Section 489
Executive costs of investigation or remediation work. Environmental
Officer Protection Act 1994
Page 119 of 537
Section 120
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.154 Employee Power, as the administering executive, to sign a certificate Section 490(6)(a)
stating any of the matters listed in subsection 490(6)(a). Environmental
Protection Act 1994.
21.155 Employee Power, as the administering executive, to sign a certificate Section 490(10)
stating that stated costs and expenses were incurred and the Environmental
way and purpose for which they were incurred. Protection Act 1994.
21.156 Chief Power, as an administering authority, to make an application to Section 501(1)(c)
Executive the court for an order against a defendant for costs. Environmental
Officer Protection Act 1994
21.157 Chief Power, as an administering authority, to carry out work or take Section 502A(2)
Executive other action reasonably necessary where a person has failed Environmental
Officer to comply with an order made under section 502. Protection Act 1994
21.158 Chief Power, as an administering authority, to make an application to Section 505
Executive the Court to remedy or restrain an offence against this Act. Environmental
Officer Protection Act 1994
21.159 Chief Power, as a person who has made an application pursuant to Section 506
Executive section 505, to seek an order of the Court pending Environmental
Officer determination of the application. Protection Act 1994
Page 120 of 537
Section 121
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.160 Chief Power, as the administering authority, to: Section 507
Executive (a) accept or reject an enforceable undertaking; Environmental
Officer Protection Act 1994
(b) given written notice of the decision and the reasons for
the decision
(c) publish a copy of any undertaking on Council’s website;
and
(d) take all reasonable steps to have any proceedings in
relation to the contravention discontinued.
21.161 Chief Power, as the administering authority, to agree in writing to the Section 509
Executive withdrawal or variation of an enforceable undertaking and to Environmental
Officer publish notice of the withdrawal or variation on Council’s Protection Act 1994
website.
21.162 Chief Power, as the administering authority, to amend an Section 510
Executive enforceable undertaking by written agreement. Environmental
Officer Protection Act 1994
21.163 Chief Power, as the administering authority, to make an amendment Section 511
Executive to an enforceable undertaking to correct a clerical or formal Environmental
Officer error and give written notice of the amendment. Protection Act 1994
Page 121 of 537
Section 122
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.164 Chief Power, as the administering authority, to:- Section 512
Executive (a) amend or suspend an enforceable undertaking where Environmental
Officer satisfied one of the circumstances in subsections Protection Act 1994
512(1)(a) to (d) apply; and
(b) comply with the requirements of subsection 512(2) to
(7).
21.165 Chief Power, as the administering authority, to apply to the Section 513(2)
Executive Magistrates Court for an order if a person contravenes an Environmental
Officer enforceable undertaking. Protection Act 1994
21.166 Chief Power to exercise all the powers of the chief executive that Section 516
Executive have been delegated to Council. (Sub-section (2) permits sub Environmental
Officer delegation of these powers to a qualified entity). Protection Act 1994
21.167 Chief Power, where the chief executive has delegated the powers as Section 518(1)(a)(ii)
Executive an administering authority to Council, to exercise those Environmental
Officer delegated powers. Protection Act 1994
21.168 Chief Power, as a dissatisfied person, to apply for a review of an Section 521(1)
Executive original decision. Environmental
Officer Protection Act 1994
Page 122 of 537
Section 123
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.169 Chief Power, as a dissatisfied person, to appeal to the Land Court Section 524
Executive against a review decision of an original decision mentioned in Environmental
Officer schedule 2, part 1. Protection Act 1994
21.170 Chief Power, as a party to an appeal, to ask the Land Court to Section 526
Executive conduct or provide mediation for the appeal, participate in the Environmental
Officer mediation and attempt to settle the appeal at mediation. Protection Act 1994
21.171 Chief Power, as a dissatisfied person, to appeal to the Planning and Section 531
Executive Environment Court against a review decision of an original Environmental
Officer decision, other than a review decision to which Chapter 11, Part Protection Act 1994
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.
21.172 Chief Power, as an applicant for internal review of an original Section 539A(1)
Executive decision mentioned in schedule 2, part 1 or 2, to apply for a stay Environmental
Officer of the decision. Protection Act 1994
21.173 Chief Power, as an administering authority, keep the registers listed Section 540, 541 and
Executive in section 540(1) and keep them available for inspection. 542 Environmental
Officer Protection Act 1994
21.174 Chief Power, as an administering authority, to prepare and submit a Section 546
Executive report to the chief executive. Environmental
Officer Protection Act 1994
Page 123 of 537
Section 124
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.175 Chief Power, as an administering authority, to consult with the chief Section 548(3)
Executive executive about guidelines the chief executive proposes for Environmental
Officer administering authorities. Protection Act 1994
21.176 Chief Power to consult with the chief executive about guidelines the Section 549(2)
Executive chief executive proposes. Environmental
Officer Protection Act 1994
21.177 Chief Power, in the circumstance referred to in subsection 574BA(1), Section 574BA
Executive to recover the administering authorities reasonable costs and Environmental
Officer expenses in performing the function. Protection Act 1994
21.178 Chief Power, as the owner or occupier of the land, to claim Section 579(4)
Executive compensation for any compensatable effect in a proceeding Environmental
Officer brought in a court of competent jurisdiction. Protection Act 1994
21.179 Chief Power, as an administering authority, to change or cancel a Section 620
Executive condition of an environmental authority given continuing effect Environmental
Officer under section 619(2)(d) or 619(4)(d) of this Act. Protection Act 1994
21.180 Chief Power, as an administering authority, in relation to an activity Section 621
Executive being carried out under section 619(1) of this Act, to give the Environmental
Officer person carrying out the activity a development approval and a Protection Act 1994
registration certificate.
Page 124 of 537
Section 125
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.181 Chief Power, as an administering authority, to give the registered Section 623
Executive operator for a level 1 approval for a level 1 chapter 4 activity Environmental
Officer taken to be a registration certificate under section 619, a notice Protection Act 1994
stating that section 316 applies to the registration certificate.
21.182 Chief Power, as an administering authority, to amend a condition Section 634
Executive about financial assurance imposed under Chapter 13 Part 6 Environmental
Officer Protection Act 1994
21.183 Chief Power, as an administering authority, to consider or continue to Section 671(2)
Executive consider, a draft transitional program submitted under section Environmental
Officer 332 or 333 before 4 April 2011 and decide whether to approve Protection Act 1994
it under the unamended Act.
21.184 Chief Power, as an administering authority, to approve or refuse an Section 697
Executive application made by the holder of a transitional authority, to Environmental
Officer convert the conditions of the transitional authority to the Protection Act 1994
standard conditions for the authority or relevant activity.
21.185 Chief Power, as an administering authority, to approve an Section 698B
Executive application to convert a surrendered registration certificate to Environmental
Officer an environmental authority that has been suspended under Protection Act 1994
Chapter 5, Part 11A of this Act.
Page 125 of 537
Section 126
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
COUNCIL WHICH THE
DELEGATION IS
SUBJECT
21.186 Chief Power, as an administering authority, to amend an Section 699
Executive environmental authority to which a requirement applies to Environmental
Officer impose a condition about the financial assurance and to give Protection Act 1994
written notice of the amendment to the authority holder.
21.187 Chief Power, as an administering authority, to continue to keep a Section 812(1)
Executive register of the environmental protection orders, direction Environmental
Officer notices and clean-up notices that were issued under the Protection Act 1994
unamended Act before the commencement of the current Act.
Page 126 of 537
Section 127
2024 Register of Delegations
Council to Chief Executive Officer
22. Environmental Protection Regulation 2019
NO. DELEGAT DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
E COUNCIL WHICH THE
DELEGATION IS
SUBJECT
22.01 Chief Power, where Council is a referral agency for a development Section 21(4)
Executive application for a material change of use for a concurrence ERA Environmental
Officer to assess the development application against the matters Protection Regulation
stated in subsection 21(2)(a) to (c). 2019
22.02 Chief Power, as an administering authority making an environmental Section 35(1)
Executive management decision relating to an environmentally relevant Environmental
Officer activity, other than a prescribed ERA to do those things Protection Regulation
required in subsections 35(1)(a) to 35(1)(e). 2019
22.03 Chief Power, as an administering authority making an environmental Section 35(3)
Executive management decision relating to a prescribed ERA to do those Environmental
Officer things required in subsections 35(3)(a) and 35(3)(b). Protection Regulation
2019
22.04 Chief Power, as an administering authority making an environmental Section 36(1)
Executive management decision relating to an activity, to consider Environmental
Officer whether to impose conditions about each of the matters listed Protection Regulation
in subsections 36(1)(a) to 36(1)(m). 2019
Page 127 of 537
Section 128
2024 Register of Delegations
Council to Chief Executive Officer
NO. DELEGAT DESCRIPTION OF POWER DELEGATED LEGISLATION ADOPTED BY CONDITIONS TO
E COUNCIL WHICH THE
DELEGATION IS
SUBJECT
22.05 Chief Power, as an administering authority making an environmental Section 37
Executive management decision relating to an activity, to consider Environmental
Officer whether to impose monitoring conditions about the release of Protection Regulation
contaminants from the activity on the receiving environment. 2019
22.06 Chief Power, as an administering authority making an environmental Section 40
Executive management decision relating to an activity that involves, or Environmental
Officer may involve, the release of water or waste to a wetland for Protection Regulation
treatment, to refuse to grant the application for a reason listed 2019
in subsection 40(2).
22.07 Chief Power, as an administering authority making an environmental Section 41
Executive management decision relating to an activity that involves, or Environmental
Officer may involve, the release of water or waste directly to Protection Regulation
groundwater, to refuse to grant the application for a reason 2019
listed in subsection 40(2).
22.08 Chief Power, as an administering authority in the circumstances set Section 41AA(3)
Executive out in subsection 41AA(1), to refuse to grant the application if Environmental
Officer the relevant activity will, or may have, a residual impact. Protection Regulation
2019
Page 128 of 537
The text continues on section 129.