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2022-02-08 - S&O Agenda - Item 1 - ATTACHMENT 2 - 2021 DELEGATIONS OF AUTHORITY ANNUAL REVIEW REPORT UPDATED
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Services & Organisation Committee Agenda, 8 February 2022, Attachment 2 to Item 1
Yellow Highlight = Updates Made
DELEGATION OF AUTHORITY
TITLE: BUILDING
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 Section 257
Building Act 1975
Building Regulation 2006
Delegated Power:
1. To exercise powers of the Council as a delegated officer pursuant to the Building Act 1975.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an assessment manager, to determine whether a building Section 34A(2)
development application complies with the building assessment provisions and
if it does, to approve the application.
Power, as an assessment manager, to consult with the chief executive about Section 41(1)
the variation application.
Power, as a referral agency, to appoint or employ a building certifier to carry out Section 46(5)
the assessment against the fire safety standard.
Power, under the Planning Act to receive, assess and decide a building Section 51(2)(a)
development application.
Power to appoint or employ a private certifier or another building certifier. Section 51(2)(b)
Power to appoint or employ a building certifier where asked in writing by the Section 51(3)
nominated owner and the building work has not been certified.
Power to issue a building development approval. Section 52
Power, in carrying out functions under the Building Act, to accept and, without Section 53(2)
checking, rely and act on a certificate or other document made by or given to
the building certifier.
Power to accept and, without further checking, rely and act on a document, Section 54
given to Council by a private certifier for a building development application, for
the purpose of making it available for inspection or purchase as required by the
Planning Act.
Power, as assessment manager, in relation to undecided building development Section 55
applications and lapsed building development approvals, to resume or start the
development assessment process under the Planning Act at any stage the
assessment manager considers appropriate.
Power, as the holder of a registered easement or statutory covenant, to consent Section 65
to building work.
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Section 2
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as assessment manager, to prepare a written statement of reasons. Section 68A(2)
Power to decide an application to extend the period mentioned in subsection Section 71
71(3), to consult with an entity in deciding the application and to give notice of
the decision.
Power to give a private certifier a document acknowledging receipt of the fee Section 87
mentioned in subsection 86(1)(c).
Power to take the action it considers necessary to complete the building work Section 92(2)
where the building development approval lapses and the building work is other
than demolition.
Power to use all or part of any security given to the local government for the Section 92(5)
carrying out of the building work.
Power to refund or release part of any security given to the local government for Section 93(1)
the carrying out of the building work, at any time, having regard to the progress
of the building work.
Power, as the assessment manager, to give a reminder notice about the Section 95
lapsing.
Power to consult with a private certifier with regard to further extensions of the Section 97(2)
period under the Planning Act, s 341 (When approval lapses if development not
started).
Power, as the assessment manager, to take enforcement action against an Section 117
owner contravening section 114 of the Act.
Power, as the owner of a building, to by notice ask for a copy of any inspection Section 124A(2)
documentation for the inspection performed by the building certifier.
Power, as the owner of a building, to give an additional certification notice. Section 143B(2)
Power to make a complaint to QBCC about a building certifier. Section 190(1)
Power to give a building certifier a notice (‘show cause notice’). Section 206(1)
Power to consider any representations made under the show cause notice and Section 207
decide to take no further action, or apply to the Queensland Civil and
Administrative Tribunal to start a disciplinary proceeding against the building
certifier.
Power to apply to the Queensland Civil and Administrative Tribunal to conduct Section 208(1)
disciplinary proceeding to determine whether there are proper grounds for
taking disciplinary action against a building certifier.
Power to notify the QBCC of its application to the Queensland Civil and Section 210
Administrative Tribunal.
Power to consult with any other entity considered appropriate in deciding an Section 221(2)
application made by the owner of a budget accommodation building to approve
a period for the building under section 220(a)(ii) or (b)(ii) (longer periods for
approval).
Power to grant (including with reasonable conditions) or refuse an application Section
made by the owner of a budget accommodation building to approve a period for 221(2)(b) and
the building under section 220(a)(ii) or (b)(ii) (longer periods for approval). (3)
Page 2 of 67
Section 3
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to decide the application and give the owner an information notice about Section 221(4)
the decision.
Power to, on written application from the owner, decide whether or not a Section 222(2)
building conforms with fire safety standards and, if applicable, state what must
be done to make the building conform.
Power to inspect budget accommodation buildings at least once every 3 years. Section 228(2)
Power to keep the records referred to in subsections 228(4)(a) to (c). Section 228(4)
Power, as local government, to approve, with or without conditions, a later day Section 231AK
for a residential care building to comply with section 231AK of the Building Act. (a)(iii) and
(b)(iii) and
section 231AL
Power, as local government, on an application by the owner of an RCB for a Section 231AL
later day to obtain a fire safety compliance 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.
Power to require the applicant to give medical evidence to support the Section 236
application.
Power to, on application by a pool owner, decide an application for exemption Section 237
from complying with part of the pool safety standard relating to barriers for a
regulated pool due to disability (with or without conditions).
Power to give notice of Council’s decision (including an information notice about Section 238
the decision).
Power to give notice of each exemption granted under Chapter 8, Part 2, Division Section 239
3 to the QBCC commissioner.
Power to give an applicant a show cause notice. Section 242(2)
Power to give to the QBCC commissioner notice of each revocation notice Section 243
given.
Power to keep a copy of each exemption granted and make the copy available Section 244
for inspection and purchase as if it were a document, that under the Planning Act,
the local government must make available for inspection and purchase.
Power to, on application by a pool owner for exemption from complying with part Section 245A
of the pool safety standard relating to 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.
Power to, on application by a pool owner, decide an application for exemption Section 245B
from complying with part of the pool safety standard relating to barriers for the
regulated pool due to compliance being impracticable (with or without conditions).
Power to give written notice of the grant of an exemption. Section
245C(1)
Page 3 of 67
Section 4
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give an information notice. Section
245C(2)
Power to give the owner of the regulated pool a show cause notice. Section 245E(2)
Power to consider any representations made under the show cause notice and Section 245E(3)
give a further notice (a revocation notice) to the owner, revoking the decision
previously given.
Power to give the QBCC commissioner the notices required by sections Section 245F
245F(1) and 245F(2).
Power to keep a copy of each exemption available for inspection and purchase Section
as if it were a document that, under the Planning Act, must be available for 245FA(2)
inspection and purchase.
Power, as owner of adjoining land, to agree with the pool owner as to the Section
construction of a pool barrier along the common boundary. 245XB(2)
Power, as owner of adjoining land, to agree with the pool owner as to the Section
alteration or replacement of a dividing fence that is used, or proposed to be 245XD(2)
used, as a pool barrier along the common boundary.
Power, as owner of adjoining land where a pool barrier is constructed along the Section
common boundary for a pool on the other land, to: 245XF(2) and
•alter or replace the part of the pool barrier with the agreement of the pool owner; (3)
or
•attach a think on the part of the pool barrier that does not unreasonably or
materially alter or damage the barrier.
Power, as owner of adjoining land, to grant access to Council’s land to the owner Section
of the other land to carry out fencing work. 245XG(1)
Power, as owner of adjoining land, where Council has carried out urgent fencing Section
work under section 245XK of the Building Act and the owner of the other land is 245XN(2)
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.
Power, as owner of adjoining land, to apply to QCAT, in the absence of the owner Section
of the other land, for authorisation to carry out fencing work, including 245XS(1)
apportionment of the contributions for the work.
Power, as owner of adjoining land, where an order has been made under section Section
245XS(1) of the Building Act and the owner of the other land has since been 245XS(3)
located, to give a copy of the order to the owner of the other land and recover the
contribution as stated in the order.
Power, as owner of adjoining land, where the owner of the other land has carried Section
out fencing work for a dividing fence forming part of a pool barrier without 245XV(2)
authorisation, to apply to QCAT for an order requiring the owner to rectify the
dividing fence.
Power to inspect a regulated pool for compliance when a pool safety complaint Section
notice, or section 245I or 245UA notice is received. 246ADA(2)
Page 4 of 67
Section 5
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to take necessary enforcement action to ensure the pool complies with Section
the pool safety standard or fencing standards for the pool. 246ADA(5)
Power to cancel pool safety certificate for a regulated pool. Section
246AF(2)
Power to give the QBCC commissioner notice of the cancellation of the pool Section
safety certificate for a regulated pool. 246AF(3)
Power to give a show cause notice before cancelling a pool safety certificate. Section
246AG(1)
Power to consider submissions and decide whether to cancel a pool safety Section
certificate. 246AG(5)
Power to give the owner notice of the decision. Section
246AG(6)
Power to give the owner an information notice about the decision. Section
246AG(7)
Power to appoint or employ a pool safety inspector to conduct an inspection of Section 246AH
a pool in the circumstances referred to in subsection (1).
Power to keep a record of a notice mentioned in section 246ADA(1) and the Section 246AIA
results of the inspection carried out under section 246ADA.
Power to comply with a request for information from the QBCC commissioner. Section
246AIB(2)
Power to give the QBCC commissioner notice of each existing regulated pool in Section 246AQ
Council’s local government area of which it has a record.
Power to give the swimming pool safety advisory information to the owner of Section
each non-certificate regulated pool in its local government area. 246ATC
Power to, by gazette notice, designate land as a transport noise corridor. Section 246X
Power to give a notice (‘enforcement notice’) to the owner of a building, Section 248(1)
structure or building work.
Power to give an enforcement notice to a person who does not comply with a Section 248(2)
particular matter in the Building Act 1975.
Power to give a person a show cause notice. Section 248(3)
Power, as local government, to make a complaint for an offence against section Section
245K, 245L or 246AR(2) of the Building Act 1975. 256(2)(e)
Power, as local government, to make a complaint for an offence against section Section
246AD(2) or 246AJ(4) of the Building Act 1975. 256(2)(f)
Power, as local government, to make a complaint for an offence against section Section
246AP(2) of the Building Act 1975. 256(2)(g)
Power, as local government, to make a complaint for an offence against chapter Section
8, part 4, division 5, subdivision 2, other than section 246ATH(2) of the Building 256(2)(h)
Act 1975.
Page 5 of 67
Section 6
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as local government, to authorise a person to make a complaint for an Section
offence against chapter 8, part 4, division 5, subdivision 2, other than section 256(2)(h)
246ATH(2) of the Building Act 1975.
Power, as local government, to make a complaint for an offence against chapter Section
8, part 5 of the Building Act 1975. 256(2)(i)
Power, as local government, to authorise a person to make a complaint for an Section
offence against chapter 8, part 5 of the Building Act 1975. 256(2)(i)
Power, as local government, to make a complaint for an offence in the Building Section
Act 1975 other than an offence listed in section 256(2)(a)-(j) of the Building Act. 256(2)(k)
Power, as local government, to authorise a person to make a complaint for an Section
offence in the Building Act 1975 other than an offence listed in section 256(2)(k)
256(2)(a)-(j) of the Building Act.
Power to extend the time for an owner of a swimming pool to comply with Section 262
section 235 (where an extension under section 49H(11)(b) of the Local
Government Act 1936 is still in force.
2. To exercise powers of Council as a delegated officer pursuant to the Building Regulation 2006.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, if it is not practicable to show each of the designated bush fire prone area Section 12(4)
in Council’s planning scheme maps, to:-
(a) prepare maps showing the areas; and
(b) ensure the maps are updated.
Power to keep a register of the flood hazard areas Council designates and when Section 13(4)
each designation was made.
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with Council resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter of
appointment and/or, position description, qualifications, technical knowledge and legislative
requirements.
3. 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.
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Section 7
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 7 of 67
Section 8
DELEGATION OF AUTHORITY
TITLE: ENVIRONMENTAL PROTECTION
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Environmental Protection (Water & Wetland Biodiversity) Policy 2019
Environmental Protection Act 1994
Environmental Protection Regulation 2008
Delegated Power:
1. To exercise powers of the council pursuant to the Environmental Protection (Water and
Wetland) Policy 2019.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a recognised entity, in cooperation with the chief executive, to Section 16(2)
develop and implement a healthy waters management plan.
2. To exercise powers of the council pursuant to the Environmental Protection Act 1994.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an affected person, to make written comments to the chief executive Sections 42 and
about a TOR notice. 43
Power to make a written submission about a submitted EIS. Section 54
Power, as an administering authority, to give an applicant a notice about an Section 128
application that is not a properly made application.
Power to agree a further period within which the applicant must give notice Section 129
under section 128
Power, as an administering authority, to give a notice about an application made Section 130
by joint applicants, to the principal applicant nominated in the application.
Power, as an administering authority, to refuse to allow a change to an Section 132
application if the change would result in the application not being a properly
made application and the applicant does not take action to make the remade
application properly made.
Power, as an administering authority, to give written agreement that a change Section 133
to an application is a minor change.
Power, as an administering authority, to determine satisfaction that the Section
requirements under the application stage have been complied with. 136(b)(i)
Power, as an administering authority, to make a written information request to Section 140
the applicant to give further information needed to assess the application.
Page 8 of 67
Section 9
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to agree to extend the applicant’s Sections 145
information request response period. and 147
Power, as an administering authority, to determine not to make an information Section
request. 148(b)(i)
Power, as an administering authority, to determine the change would not be Section
likely to attract a submission objecting to the thing the subject of the change, if 150(1)(d)
the notification stage were to apply to the change.
Power, as an administering authority, to give the applicant an information Section 152
notice prescribing an additional or substituted way to give public notice of an
application.
Power to decide to allow or not allow substantial compliance with public notice Section 159
requirements.
Power, as an administering authority, to by written notice to the applicant Section 168
extend the decision period and further extend the decision period with the
written agreement of the applicant.
Power, as an administering authority, to approve a standard application Section 170
subject to the standard conditions for the relevant activity or authority.
Power, as an administering authority, to approve a variation application Section 171
subject to the standard conditions for the relevant activity or authority or
subject to conditions which are different to the standard conditions for the
activity or authority.
Power, as an administering authority, to refuse a site- specific application or Section 172
approve a site-specific application subject to conditions.
Power, as an administering authority, to include a copy of the environmental Section 177
authority in the relevant register.
Power, as an administering authority, to issue an environmental authority. Section 195
Power, as an administering authority, to include a copy of an environmental Section 197
authority in the relevant register.
Power, as an administering authority, to give an information notice to the Section 198(2)
applicant for an environmental authority.
Power, as an administering authority, to give an information notice about the Section 198 (4)
decision to any submitter for the application.
Power, as an administering authority, to impose a condition on an Section 203
environmental authority or draft environmental authority to which section 115
applies.
Power, as an administering authority, to amend an environmental authority to Section 211
correct a clerical or formal error by giving written notice to the holder but only if
the amendment does not adversely affect the interests of the holder or anyone
else.
Power, as an administering authority, to amend an existing environmental Section 213
authority issued subject to conditions to replace the existing standard
conditions with new standard conditions issued by the chief executive and to
give written notice of the amendment to the environmental authority holder.
Page 9 of 67
Section 10
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to make an amendment to an Section 215
environmental authority which is necessary or desirable because of a matter
mentioned in section 215(2) or if the holder has agreed in writing to the
amendment.
Power, as an administering authority, to make other amendments to an Sections 216
environmental authority in accordance with the procedure required by Chapter and 219
5, Part 6, Division 2 or with the written agreement of the authority holder.
Power, as an administering authority, to refuse an amendment application to Section 227A
which section 227A(1) applies, to require the environmental authority holder to
make a site specific application and to give written notice of the refusal to the
applicant.
Power, as an administering authority, to decide whether an application made by Section 228
the holder of an environmental authority to amend the authority is a minor or
major amendment.
Power, as an administering authority, to set the submission period for the Section 234
application by written notice.
Power, as an administering authority, to give written agreement to the continued Section 237
assessment of a changed application to amend an environmental authority.
Power, as an administering authority, to request further information needed to Section 238(3)
assess a changed amendment application which is not a minor change and to
which the information stage applies.
Power, as an administering authority, to decide that the notification stage be Section 238(7)
repeated in respect of a changed amendment application which would be likely
to attract a submission objecting to the change.
Power, as an administering authority, to:- Section 240
(a) decide to approve or refuse an amendment application; and 242
(b) if the amendment is approved, to make other amendments to
theconditions 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.
Power, as an administering authority, to decide to approve an application to Section 247
amalgamate environmental authorities or refuse an amalgamation application
to which section 247(1)(b) applies.
Power, as an administering authority, to:- Section 250C
(a) de-amalgamate an environmental authority;
(b) issue 2 or more environmental authorities; and
(c) include each environmental authority in the relevant register.
Power, as an administering authority, to approve or refuse an application by the Section 254
holder of an environmental authority to transfer all or part of the environmental
authority to another entity.
Power, as an administering authority, to decide whether a final rehabilitation Section 264
report includes enough information to decide that the requirements in section
264(1)(b)(i) and 264(1)(b)(ii) have been met.
Page 10 of 67
Section 11
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to make a written request to an applicant Section 265
to give further information needed to assess an application to surrender an
environmental authority.
Power, as an administering authority, to approve or refuse a surrender Section 266
application.
Power, as an administering authority, to:- Sections 278,
(a) cancel or suspend an environmental authority if an event mentioned 279, 280, 281,
in section 278(2) has occurred; 282, and 283
(b) follow the procedures in Chapter 5, Part 11, Division 2; and to and 284
(c) give notice of the decision; and
(d) record the action in the relevant register.
Power, as an administering authority, to approve or refuse an application made Section 284C
by the holder of an environmental authority to suspend the environmental
authority.
Power, as an administering authority, to impose a condition on an Section 292
environmental authority requiring the holder to give financial assurances as
security for compliance with the environmental authority and for costs or
expenses mentioned in section 298.
Power, as an administering authority, to decide the amount and form of financial Section 295
assurance required under a condition of an environmental authority.
Power, as an administering authority, to give notice of the decision under Section 296
section 295(1).
Power, as an administering authority, to decide to make a claim on or realise a Section 301
financial assurance.
Power, as an administering authority, to by written notice require an applicant Section 304
to give a compliance statement for a financial assurance before deciding an
application to amend or discharge the financial assurance.
Power, as an administering authority, to approve or refuse an application by the Section 305
holder of an environmental authority to amend the amount or form of a financial
assurance stated in a notice given under section 296 or to discharge a financial
assurance.
Power, as an administering authority, to require a change of the amount of a Section 306
financial assurance.
Power, as an administering authority to, in the circumstances referred to in Section 307
subsection (1), give notice stating how much of the financial assurance has
been used and requiring it be replenished.
Power, as the administering authority, to recover from the holder of an Section 308
environmental authority as a debt, outstanding annual fees.
Power, as an administering authority, to change the anniversary day for an Section 310
environmental authority for which an annual fee is prescribed, in the
circumstances provided for by section 310(1)(a) and 310(1)(b).
Power, as an administering authority, to change an anniversary day for an Section 311
environmental authority.
Page 11 of 67
Section 12
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to, in the circumstances specified in Section 314
section 314(1)(a) and 314(1)(b):-
(a) require the holder of the environmental authority to make a site-
specific application for a new environmental authority under
Chapter 5 Part 2 or make an amendment application for the
authority under Chapter 5 Part 7; and
(b) give written notice of the proposed requirement prior to making it.
Power, as an administering authority, to ask any entity for advice, comment or Section 315
information about an application made under Chapter 5.
Power to make submissions about a proposed ERA standard. Section 318A
Power, as person aware of an event described in section 320A, to give written Section 320C
notice of the event, its nature and the circumstances in which it happened to the
administering authority, any occupier of the affected land or any registered
owner of the affected land, or by public notice.
Power, as employer aware of an event described in section 320A, to give written Section 320D
notice of the event, its nature and the circumstances in which it happened to the
administering authority, any occupier of the affected land or any registered
owner of the affected land, or by public notice.
Power, as a person mentioned in section 320A(2)(a), to within 24 hours after Section
becoming aware of an event or change mentioned in section 320A(2)(b)(i) or 320DA(1)
(ii) give the administering authority written notice of the matters stated in
subsection (2).
Power, as a person mentioned in section 320A(2)(a), to within 20 business days Section
after becoming aware of an event or change mentioned in section 320A(2)(b)(iii) 320DA(3)
give the administering authority written notice of the activity.
Power, as a local government mentioned in section 320(3)(a), to within 20 Section
business days after becoming aware that the activity has been, or is being, 320DB(1)
carried out on land in its area, give the administering authority written notice.
Power, as a local government mentioned in section 320(3)(b), to within 24 hours Section
after becoming aware of the event or the change in condition of the land give 320DB(2)
the administering authority written notice.
Power, as an administering authority, to require a person to conduct or Sections 322
commission an environmental audit and give an environmental report about the and 323
audit.
Power, as an administering authority, to require a person to conduct or Section 326B
commission an environmental investigation.
Power, as an administering authority, to ask for further information. Section 326F
Power, as an administering authority, to accept the report or refuse to accept Section 326G
the report and to give notice of the decision.
Power, as an administering authority which has accepted an environmental Section 326H
report under section 326G, to do 1 or more of the things listed in subsection (1).
Page 12 of 67
Section 13
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority which has refused to accept an Section 326I
environmental report under section 326G(4)(b), to, by written notice, require the
recipient to conduct or commission another environmental investigation and
submit a report on the investigation.
Power, as an administering authority, to require a person or public authority to Section 332
submit a draft transitional environmental program.
Power to submit a draft transitional environmental program to the administering Section 333
authority for approval.
Power, as an administering authority, to by written notice require the person or Section 334A
public authority that submitted the draft transitional environmental authority to
give further information.
Power to make a submission in relation to a draft transitional environmental Section 335
program.
Power, as an administering authority, to invite parties to a conference to help it Section 336
determine whether or not to approve a draft transitional environmental program.
Power, as an administering authority, to seek advice, comment or information Section 336A
about a TEP submission.
Power, as an administering authority, to extend the period for decision about a Section 337
draft transitional environmental program and approve a draft transitional
environmental program.
Power, as an administering authority, to:- Section 339(1)
(a) approve a draft transitional environmental program as submitted or
with amendments requested or agreed to by the administering
authority; or
(b) refuse to approve a draft transitional environmental program.
Power, as an administering authority, to impose on an approval of a draft Section 339(2)
transitional environmental program:-
(a) any conditions the authority must impose under a regulatory
requirement; and
(b) any other conditions the administering authority considers
appropriate.
Power, as an administering authority, to give a person or public authority who Section 340
submitted a draft transitional environmental program for approval written notice
of the decision.
Power, as an administering authority, to approve a draft transitional Section 342
environmental program if there has been substantial compliance with public
notice requirements.
Power, as an administering authority, to consider and approve or refuse an Section 344
application to amend a transitional environmental program.
Power, as an administering authority, to cancel the approval for a transition Section 344E
environmental program, give notice of the decision or record details of the
decision in a register.
Power, as an administering authority, to withdraw the notice or remove the Section 344F
record.
Page 13 of 67
Section 14
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to give the holder of the environmental Section 344G
authority a copy of the authority that does not include the note.
Power, as an administering authority, to apply to the Court for an order that Section 355
section 353(1) does not apply.
Power, as an administering authority who has made an application to the Court Section 357(2)
under section 355, to apply to the Court for an order pending decision on the
application.
Power, as administering authority, to – Sections 357C,
grant an application for a temporary emissions licence, with or without 357D and 357E
conditions, as submitted or on different terms than have been requested
in the application; or
refuse to grant the application for a temporary emissions licence.
Power, as administering authority, to amend, cancel or suspend a temporary Section 357J
emissions licence.
Power, as holder of a temporary emissions licence, to give written agreement Section 357J
to the amendment of the licence.
Power, as an administering authority, to issue an environment protection order. Section 358
Power, as an administering authority, to decide a person has a relevant Section 363AB
connection with a company.
Power, as an administering authority, to issue an environmental protection order Section 363AC
to a related person of the company.
Power, as an administering authority, to issue an environmental protection order Section 363AD
to a related person of a high risk company.
Power, as an administering authority, to issue a cost recovery notice to the Section 363AI
recipient.
Power, as an administering authority, to claim the amount from the recipient as Section
a debt. 363AI(7)
Power, as the land’s owner, to make a written submission to the administering Section 376
authority in response to a show cause notice issued pursuant to section 375.
Power, as owner, to consent to another party entering its land to conduct or Section 390
commission remediation works. Power, to give the administering authority:-
(a) a contaminated land investigation document accompanied by a
declaration and a statement; and
(b) a statement as owner of the land agreeing to the draft plan.
Power, as a prescribed responsible person, to make a written submission in Section 392(1)
response to a show cause notice issued pursuant to section 391.
Power, as a prescribed responsible person, to comply with a notice issued by Section 394(5)
the administering authority pursuant to this section.
Page 14 of 67
Section 15
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a prescribed responsible person, to:- Section 395
(a) obtain the consent of the owner or occupier to enter the land;
(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.
Power, as a prescribed responsible person, to comply with a requirement of the Section 397
administering authority given pursuant to this section.
Power to apply to amend a site management plan and to comply with Chapter Section 402
7, Part 8, Division 3, Subdivisions 2 to 4 as they relate to the application.
Power, as owner or occupier of land, to consent to the amendment of a site Section 403
management plan for the land by the administering authority.
Power, as the person who released the contaminant, the relevant local Section 404
government or the owner of the land, to prepare a draft amendment of a site
management plan if requested to 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.
Power, as owner of land, to give a lessee or proposed lessee notice that Section 407
particulars of the land have been recorded in the contaminated land register.
Power, as an owner of land in a circumstance listed in subsection (1), to give Section 408
the notice required by subsection (2).
Power, as an administering authority, to require a person to provide information Section 451
for the enforcement or administration of this Act.
Power, as owner or occupier of land, to consent to an authorised person’s entry Section 452
onto the land.
Power, as owner or occupier of land, to consent to an authorised person’s entry Section 454
onto the land.
Power, as an administering authority, to issue a notice that an authorised Section
person will enter land. 454(3)(b) and
(4)
Power, as the occupier of access land, to consent to an authorised person’s Section 455
entry onto the land.
Power as a person to whom an emergency direction is given to comply with the Section 478
direction and to take the steps required by subsection (b).
Power, as an administering authority, to waive payment of costs of investigation Section 489
or remediation work.
Power, as an administering authority, to make an application to the court for an Section 501
order against a defendant for costs. (1)(c)
Page 15 of 67
Section 16
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to carry out work or take other action Section
reasonably necessary where a person has failed to comply with an order made 502A(2)
under section 502.
Power, as an administering authority, to make an application to the Court to Section 505
remedy or restrain an offence against this Act.
Power, as a person who has made an application pursuant to section 505, to Section 506
seek an order of the Court pending determination of the application.
Power, as the administering authority, to: Section 507
(a) accept or reject an enforceable undertaking;
(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 take all
reasonable steps to have any proceedings in relation to the
contravention discontinued.
(d) take all reasonable steps to have any proceedings in relation to the
contravention discontinued.
Power, as the administering authority, to agree in writing to the withdrawal or Section 509
variation of an enforceable undertaking and to publish notice of the withdrawal
or variation on Council’s website.
Power, as the administering authority, to amend an enforceable undertaking by Section 510
written agreement.
Power, as the administering authority, to make an amendment to an Section 511
enforceable undertaking to correct a clerical or formal error and give written
notice of the amendment.
Power, as the administering authority, to:- Section 512
(a) amend or suspend an enforceable undertaking where satisfied one
of the circumstances in subsections 512(1)(a) to (d) apply; and
(b) comply with the requirements of subsection 512(2) to (7).
Power, as the administering authority, to apply to the Magistrates Court for an Section 513(2)
order if a person contravenes an enforceable undertaking.
Power to exercise all the powers of the chief executive that have been delegated Section 516
to Council. (Sub-section (2) permits sub delegation of these powers to a
qualified entity).
Power, where the chief executive has delegated the powers as an administering Section
authority to Council, to exercise those delegated powers. 518(1)(a)(ii)
Power, as an administering authority, to review a decision. Section 521(5)
Power, as a dissatisfied person, to apply for a review of an original decision. Section 521
Power, as a dissatisfied person that has applied for a review under section 521, Section 522
to apply to the Planning and Environment Court or the Land Court for a stay of
operation of the original decision.
Power, as a dissatisfied person, to appeal to the Land Court against a review Section 524
decision of an original decision mentioned in schedule 2, part 1.
Page 16 of 67
Section 17
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a dissatisfied person, to appeal to the Planning and Environment Section 531
Court against a review decision of an original decision, other than a review
decision to which Chapter 11, Part 3, Division 3, Subdivision 1 of this Act applies
or a review decision that relates to an original decision mentioned in Schedule
2, Part 3.
Power, as an administering authority, keep the registers listed in section 540(1) Section 540,
and keep them available for inspection. 541 and 542
Power, as an administering authority, to prepare and submit a report to the chief Section 546
executive.
Power, as an administering authority, to consider and decide a request for the Section
issue of a temporary authority. 547C(1) and
(2)
Power, as an administering authority, to give the person written notice of the Section
decision to refuse the issue of a temporary authority and the reasons for the 547C(3)
decision.
Power, as an administering authority, to issue a temporary authority by giving a Section
written notice. 547D(2)
Power, as an administering authority, to consult with the chief executive about Section 548(3)
guidelines the chief executive proposes for administering authorities.
Power to consult with the chief executive about guidelines the chief executive Section 549(3)
proposes.
Power, in the circumstance referred to in subsection 574BA(1), to recover the Section 547BA
administering authorities reasonable costs and expenses in performing the
function.
Power, as an administering authority, to request written notice of damage Section 578
caused to land or something on the land by a person who enters land under an
entry order.
Power, as the owner or occupier of the land, to claim compensation for any Section 579(4)
compensatable effect in a proceeding brought in a court of competent
jurisdiction.
Power, as an administering authority, to change or cancel a condition of an Section 620
environmental authority given continuing effect under section 619(2)(d) or
619(4)(d) of this Act.
Power, as an administering authority, in relation to an activity being carried out Section 621
under section 619(1) of this Act, to give the person carrying out the activity a
development approval and a registration certificate.
Power, as an administering authority, to give the registered operator for a level Section 623
1 approval for a level 1 chapter 4 activity taken to be a registration certificate
under section 619, a notice stating that section 316 applies to the registration
certificate.
Power, as an administering authority, to amend a condition about financial Section 634
assurance imposed under Chapter 13 Part 7.
Page 17 of 67
Section 18
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to consider or continue to consider, a draft Section 671(2)
transitional program submitted under section 332 or 333 before 4 April 2011
and decide whether to approve it under the unamended Act.
Power, as an administering authority, to approve or refuse an application made Section 697
by the holder of a transitional authority, to convert the conditions of the
transitional authority to the standard conditions for the authority or relevant
activity.
Power, as an administering authority, to approve an application to convert a Section 698B
surrendered registration certificate to an environmental authority that has been
suspended under Chapter 5, Part 11A of this Act.
Power, as an administering authority, to amend an environmental authority to Section 699
which a requirement applies to impose a condition about the financial
assurance and to give written notice of the amendment to the authority holder.
3. To exercise powers of the Council pursuant to the Environmental Protection
Regulation 2019.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, where Council is a referral agency for a development application for a Section 21(4)
material change of use for a concurrence ERA to assess the development
application against the matters stated in subsection 21(2)(a) to (c).
Power, as an administering authority making an environmental management Section 35(1)
decision relating to an environmentally relevant activity, other than a
prescribed ERA to do those things required in subsections 35(1)(a) to 35(1)(e).
Power, as an administering authority making an environmental management Section 35(3)
decision relating to a prescribed ERA to do those things required in
subsections 35(3)(a) and 35(3)(b).
Power, as an administering authority making an environmental management Section 36(1)
decision relating to an activity, to consider whether to impose conditions about
each of the matters listed in subsections 36(1)(a) to 36(1)(m).
Power, as an administering authority making an environmental management Section 37
decision relating to an activity, to consider whether to impose monitoring
conditions about the release of contaminants from the activity on the receiving
environment.
Power, as an administering authority making an environmental management Section 40
decision relating to an activity that involves, or may involve, the release of
water or waste to a wetland for treatment, to refuse to grant the application for
a reason listed in subsection 40(2).
Power, as an administering authority making an environmental management Section 41
decision relating to an activity that involves, or may involve, the release of
water or waste directly to groundwater, to refuse to grant the application for a
reason listed in subsection 40(2).
Page 18 of 67
Section 19
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority in the circumstances set out in Section 41AA(3)
subsection 41AA(1), to refuse to grant the application if the relevant activity
will, or may have, a residual impact.
Power, as a person who generates waste, if required by an authorised person, Section 47
to retest the waste under chapter 5, part 1, division 2.
Power, as a generator of waste in the circumstances prescribed in subsection Section 51(2)
51(1), to notify the administering authority of the change within 24 hours after
receiving the test results for the retesting.
Power, as a generator of waste in the circumstances prescribed in subsection Section 51(3)
51(1), to give a written report to the administering authority containing those
things prescribed in subsection 51(3).
Power, as a generator of tested waste in the State, to:- Section 52
(a) for each load of the waste transported to a receiver, record the
prescribed information for the load in the approved form;
(b) give the prescribed information for the load to the receiver; and
(c) keep the record mentioned in subsection 52(1) for at least 5 years.
Power, as a receiver in the State who is given a load of tested waste, to:- Section 53
(a) record the prescribed information for the load in the approved form;
(b) within 24 hours after becoming aware of an omission or inaccuracy in
the prescribed information, give written notice of the omission or
inaccuracy to the administering authority; and
(c) keep the record mentioned in subsection 53(2) for at least 5 years.
Power, as a waste handler to pay the fee to the chief executive when giving Section 73
prescribed information about the transportation of trackable waste to the
administering authority.
Power, as a generator, to give the transporter the prescribed information about Section 78(1)
the waste in the prescribed form and to record the prescribed information
about the waste.
Power, as a generator, to give the prescribed information about the waste to Section 78(2)
the administering authority in the prescribed way and within the prescribed
period after giving the waste to the transporter.
Power, as a transporter, to give the receiver the prescribed information about Section 79(2)
the waste and to record the prescribed information about the waste.
Power, as a transporter, to give the administering authority notice of a Section 79(3)
discrepancy in information received from the generator.
Power, as a transporter, to keep the record mentioned in subsection 79(2)(b) Section 79(4)
for at least 5 years.
Power, as a receiver, to record the prescribed information about the waste. Section 80(1)
Power, as a receiver, to give a copy of the prescribed information about the Section 80(2)
waste to the administering authority in the prescribed way and within the
prescribed period.
Page 19 of 67
Section 20
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a receiver, to give the administering authority written notice of a Section 80(3)
discrepancy in information received from the transporter.
Power, as a transporter, to keep the record mentioned in subsection 80(1) for Section 80(4)
at least 5 years.
Power, as a receiver, to record the prescribed information about the waste. Section 84(1)
Power, as a receiver, to give the prescribed information about the waste to the Section 84(2)
administering authority in the prescribed way and within the prescribed period.
Power, as a receiver, to give the administering authority written notice of a Section 84(3)
discrepancy in information received from the transporter.
Power, as a receiver, to keep the record mentioned in subsection 84(1) for at Section 84(4)
least 5 years.
Power, as a generator, to give the transporter the prescribed information about Section 87(1)
the waste and to record the prescribed information about the waste.
Power, as a generator, to give the prescribed information about the waste to Section 87(2)
the administering authority in the prescribed way and within the prescribed
period.
Power, as a receiver, to keep the record mentioned in subsection 87(1)(b) for Section 87(4)
at least 5 years.
Power, as a transporter, to give the administering authority notice of a Section 88(2)
discrepancy in information received from the generator.
Power to apply to the administering executive for approval of a particular way Section 92
of giving prescribed information to the administering authority under division 3
and to take all steps necessary to advance the application.
Power to apply to the administering executive for a consignment number for a Section 93
load of trackable waste to be transported into Queensland and to take all steps
necessary to advance the application.
Power to apply to the administering executive for an exemption for the Section 94
transportation of trackable waste to which Chapter 5, Part 9 applies and to
take all steps necessary to advance the application.
Power to apply to the administering executive for a generator identification Section 97
number.
Power to require an owner or occupier of relevant premises to supply waste Section
containers other than standard general waste containers. 101(1)(b)
Power to supply premises with standard general waste containers. Section 101(2)
Power to require a waste container to be kept at a particular place at a Section
premises. 103(1)(a)
Page 20 of 67
Section 21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to require a prescribed person of serviced premises, other than a Section 104(2)
detached dwelling, to supply:
(a) an elevated stand at a level required by Council; or
(b) an imperviously paved and drained area for the waste containers, and
(c) a hose cock and hose in the vicinity of the stand or paved area; and
(d) a suitable enclosure for the waste containers.
Power to give a written notice about the removal of general waste. Section 105
Power to give a written approval to the owner or occupier of relevant premises Section 106
for depositing or disposing of general waste and to impose conditions on the
approval.
Power to require the occupier of relevant premises where there is industrial Section 107(1)
waste to:
(a) supply industrial waste containers;
(b) keep the waste containers at a place at the premises that Council
requires; and
keep each waste container clean and in good repair.
Power, where the occupier does not supply the waste containers required Section 107(2)
under subsection 107(1)(a), to supply industrial waste containers.
Power to require occupier of relevant premises where there is industrial waste, Section 108
to treat the waste to the standard approved by Council for disposal of the waste
at a waste facility.
Power, as an occupier of a reporting facility that under NPI NEPM exceeds the Section 117(2)
reporting threshold for a substance in the facility’s reporting period, to give the
chief executive the information identified in subsection 117(2).
Power, as an occupier of a reporting facility that under NPI NEPM exceeds the Section 117(7)
reporting threshold for a substance in the facility’s reporting period, to comply
with a notice issued by the chief executive pursuant to subsection 117(6).
Power, as an occupier of a reporting facility that under NPI NEPM exceeds the Section 119
reporting threshold for a substance in the facility’s reporting period, to keep
the information listed in section 119.
Power, as an occupier of a reporting facility that under NPI NEPM exceeds the Section 120
reporting threshold for a substance in the facility’s reporting period, to make
written representations to the Minister in response to a notice issued pursuant
to subsection 120(4).
Power, as an occupier of a reporting facility that under NPI NEPM exceeds the Section 123
reporting threshold for a substance in the facility’s reporting period, to apply to
the chief executive for an estimation technique approval and to respond to any
request for further information.
Power, as an occupier of a reporting facility that under NPI NEPM exceeds the Section 127
reporting threshold for a substance in the facility’s reporting period, to give the
chief executive a written notice claiming that the information required to be
given under section 117(2) or (7) should be treated as confidential and to
respond to any requests for further information.
Page 21 of 67
Section 22
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce those provisions of the Act devolved to Sections 130,
Council under Chapter 8, Part 1. 131, 132, 133,
134, 135 and
136
Power, as an administering authority, to recover as a debt an unpaid fee under Section 155
the Act.
Power, as a holder, to give the chief executive the documents listed in Section 166(1)
subsection 166(1).
Power, as a holder, to keep the records listed in in subsections 170(a) to (d). Section 170
Power, as a holder, to comply with a notice issued by an authorised person Section 171(3)
pursuant to subsection 171(2).
Power, as a holder, to give the administering authority written notice that Section 172
eligibility for the reduced annual fee under subsections 165(1)(c)(i) or (ii) has
stopped.
Power, as an administering authority, to require by written notice the holder to Section 173(2)
pay the difference between the annual fee and the reduced annual fee.
Power, as an administering authority, to recover as a debt from the holder of Section 174(3)
an environmental authority an unpaid supplementary annual fee for an
amended environmental authority.
Power, as an administering authority, to, by written notice, require the holder Section 175
of an environmental authority for regulated waste transport to pay a
supplementary annual fee and if unpaid, to recover the supplementary annual
fee as a debt.
Power, as an administering authority, to, by written notice, require the holder Section 177(2)
to pay:-
(a) the annual fee or the outstanding amount of the fee; and
the late payment fee stated in schedule 15 of the Regulation.
Power, as a holder, to comply with a notice issued pursuant to subsection Section 177(3)
177(2).
Power, as a holder, to pay the administering authority a fee for its assessment Section 178(2)
of the holder’s annual returns and monitoring compliance with the transitional
environmental program.
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with Council resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter of
appointment and/or, position description, qualifications, technical knowledge and legislative
requirements.
3. 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:
Page 22 of 67
Section 23
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 23 of 67
Section 24
DELEGATION OF AUTHORITY
TITLE: INDUSTRIAL RELATIONS
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Industrial Relations Act 2016
Industrial Relations Regulation 2018
Delegated Power:
1. To exercise powers of the Council pursuant to the Industrial Relations Act 2016.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the employer, to ask or require an employee to work additional hours Section 23(2)
if the hours are reasonable under section 26.
Power, as the employer, to agree with an employee who is not covered by an Section 25(1)
applicable industrial instrument, to an averaging arrangement.
Power, as the employer, to decide an employee’s request for flexible working Sections 28(1)
arrangements with or without conditions. and (2)
Power, as the employer, to give written notice of the decision on an employee’s Section 28(3)
request for flexible working arrangements.
Power, as the employer, to agree when an employee is to take annual leave. Section 33(1)
Power, as the employer, and where the employer and employee cannot agree Section 33(3)
when the employee is to take annual leave, to decide when the employee is to
take the leave and give the applicable notice to the employee.
Power, as the employer, to agree that an employee may take annual leave before Section 33(4) l
becoming entitled to it.
Power, as the employer, to agree to pay the employee for annual leave otherwise Section 35(1)
than in advance.
Power, as the employer, to agree that an employee may cash out a particular Section 37(2)
amount of annual leave.
Power, as the employer, to pay an employee for annual leave not taken on Section 38(3)
termination of employment.
Power, as the employer, to agree to an employee taking additional unpaid carer’s Section 42(4)
leave.
Power, as the employer, to agree to an employee who is a short term casual Section 43(3)
taking additional unpaid carer’s leave.
Page 24 of 67
Section 25
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the employer, to agree to an employee who is a long term casual taking Section 44(3)
additional unpaid carer’s leave.
Power, as the employer, to require an employee to give a doctor’s certificate or Section 45(1)
statutory declaration as evidence of the need to take carer’s leave for more than
2 consecutive days.
Power, as the employer, to require an employee to give a statutory declaration Section 45(2)
or evidence mentioned in section 45(3)(a) to (d) as evidence of the need to take
carer’s leave to care for or support a person who has experienced domestic
violence.
Power, as the employer, to require an employee to give a copy of a funeral notice Section 49(1)
or other evidence as evidence of a death resulting in the taking of bereavement
leave.
Power, as the employer, to require an employee to give evidence to satisfy a Section 49(2)
reasonable person that the employee was taking compassionate leave because
the life of a member of the employee’s family or household was threatened by
personal illness or personal injury.
Power, as the employer, to agree to an employee taking additional unpaid Section 50
bereavement leave or compassionate leave.
Power, as the employer, to agree to an employee taking unpaid cultural leave Section 51(2)
Power, as the employer, to agree to an employee taking additional unpaid Section 52(5)
domestic and family violence leave.
Power, as the employer, and where an employee has claimed domestic and Section 54(1)
family violence leave, to ask the employee for evidence that the employee has
experienced domestic violence and needs to take leave as a result.
Power, as the employer, to inform the employee his/her entitlements and Section 71(2)
obligations under chapter 2, part 3, division 8.
Power, as the employer that has decided to implement significant change at a Section 72
workplace, to advise employees on parental leave about the proposed change
before it is implemented and give each employee reasonable opportunity to
discuss any significant effect the change will have on the employee’s position.
Power, as the employer, to agree to an employee entitled to parental leave under Section 73(2)
subdivision 2, or who is taking parental leave, making more than 1 application
under subsection (1) within a 12-month period in relation to a particular instance
of parental leave.
Power, as the employer, to agree to an employee on parental leave, making more Section 74(2)
than 1 application under subsection (1) within a 12-month period.
Power, as the employer, to decide an application by an employee entitled to or Section 76
taking parental leave to extend parental leave if the circumstances of section 73
exist, to discuss the application and to give written notice of that decision.
Power, as the employer, to decide an application by an employee on parental Section 76
leave to return to work on a part-time basis pursuant to section 74, to discuss the
application and to give written notice of that decision.
Page 25 of 67
Section 26
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the employer, to nominate a time for the employee to resume work. Section 78(3)
Power, as the employer, to agree to an employee taking paid sick leave or other Section 79(3)
paid leave whilst the employee is on unpaid parental leave.
Power, as the employer, to agree to an employee on parental leave performing Section 80(1)(b)
work on a keeping in touch day.
Power, as the employer, to agree that an employee break the period of parental Section 81
leave by returning to work.
Power, as the employer, to agree to an employee on parental leave shortening Section 83
the period of leave.
Power, as the employer, to give notice to the employee of the day on which the Section 84
employee must return to work and, if the employee returns to work, to cancel the
rest of the parental leave.
Power, as the employer of a female employee whose present work is, because Section 89
of her pregnancy or breastfeeding, a risk to the health or safety of the employee
or her unborn or newborn child, to temporarily adjust the employee’s working
conditions or hours of work, or transfer the employee to other appropriate work.
Power, as the employer of a replacement employee, to give the replacement Section 92(1)
employee written notice of the temporary nature of the employment and the
parent’s right to return to work.
Power, as the employer, to agree when an employee is to take long service leave. Section 97(2)
Power, as the employer, and where the employer and employee cannot agree Section 97(3)
when the employee is to take long service leave, to decide when the employee
is to take the leave and give the applicable notice to the employee.
Power, as the employer, where the employee is on long service leave and where Section 98(4)
the ordinary rate is increased or reduced, to pay the employee at the increased
or reduced rate for the leave period to which the increased or reduced rate
applies.
Power, as the employer, to agree on when, and the way in which, the employee Section 101
will be paid for long service leave.
Power, as the employer of a casual or regular part-time employee, to agree that Section 104
the employee’s entitlement to long service leave may be taken in the form of its
full time equivalent.
Power, as the employer, to agree in writing with the employee that the employee Section 110(2)
be paid for all or part of an entitlement to long service leave instead of taking the
leave.
Power, as the employer, upon an employee’s death, to pay the employee’s legal Section 111(2)
personal representative any amount payable for the employee’s entitlement to
long service leave that has not already been paid.
Power, as the employer, to ask an employee to work on a public holiday if the Section 116(2)
request is reasonable.
Power, as the employer, to dismiss an employee if the circumstances of section Section 121(1)
121(1) exist.
Page 26 of 67
Section 27
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the employer who obtains other acceptable employment for the Section 127(2)
employee or cannot pay the amount, to apply to the commission for an order
reducing the amount of the redundancy pay to a stated amount the commission
considers appropriate.
Power, as the employer, to give each employee before, or as soon as practicable Section 129
after, the employee starts working for the employer, the information and
documents required by section 129(1).
Power, as the employer, where a magistrate has made an order about an offence Section 137(9)
against section 137(4) and that order states both alternatives of section 137(8),
to decide how to comply with that order in terms of the alternatives.
Power, as an employer, to apply to the commission to:- Section
(a) make a modern award; or 147(2)(b)
(b) make an order varying a modern award.
Power, as an employer, to apply to the commission to make an order revoking a Section
modern award. 150(3)(b)(iii)
Power, as a person to whom a modern award applies, to apply to the commission Section
to review the award. 156(1)(b)(i)
Power, as an employer, to make a certified agreement with 1 or more employee Section 165
organisations that represent, or are entitled to represent, Council’s employees,
or the employees of Council at the time the agreement is made.
Power, as an employer, to consent to the making of a bargaining award. Section 167(a)
Power, as a proposer, to give a notice of intention to:- Section 169(2)
(a) the other proposed parties to the negotiations;
(b) if the negotiations relate to a project agreement—all relevant employee
organisations and the commission.
Power, as a recipient of a notice of intention where the negotiations:- Section 170(2)
(a) relate to a project agreement; or
(b) involve a multi-employer agreement,
to give written notice of Council’s intention to be a party to the negotiations to the
proposer and the commission.
Power, as the employer and where the circumstances of section 171(1) exist, to Section 171(2)
take reasonable steps to ensure compliance with section 171(2).
Power, as the employer and where the circumstances of section 171(1) exist, to Section 171(4)
give the relevant employee organisation a reasonable opportunity to represent
the employee as required by section 171(4).
Power, as the employer and where the circumstances of section 172(1) exist, to Section 172(2)
negotiate with the single bargaining unit.
Power, as negotiating party, to negotiate in good faith and do all things listed in Section 173
subsections (2) and (3).
Power, as negotiating party, where the peace obligation period has ended, to ask Section
the commission to help the parties reach an agreement. 175(1)(b)
Page 27 of 67
Section 28
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as one of the negotiating parties, to notify the commission that the parties Section 175(2)
intend to resume negotiating without the commission’s help.
Power, as a negotiating party, to comply with an attendance notice and negotiate Section 176(2)
on Council’s behalf at a conciliation conference.
Power, as one of the negotiating parties, to apply to the commission for arbitration Section 178(1)
of the matter.
Power, as one of the negotiating parties, to agree matters with the other Section 181(1)
negotiating parties before or during an arbitration of the matter.
Power, as a negotiating party, to agree with the other negotiating parties the Section 183(1)
nominal expiry date for the arbitration determination.
Power, as a negotiating party, to apply to the commission for a scope order. Section 184(1)
Power, as a party to an agreement, to apply to the commission to certify the Section 189(1)
agreement.
Power, as a party to a proposed bargaining award, to apply to the commission Section 190(2)
to:-
(a) make the bargaining award; and
(b) terminate the relevant modern award.
Power, as a person who will be covered by a proposed bargaining instrument, to Section 194
take action that may be necessary to enable the commission to grant the
application, including participating in a conciliation on Council’s behalf.
Power, as a party to a proposed bargaining instrument, to sign it on Council’s Section
behalf. 196(1)(b)
Power, as an employer in the circumstances set out in subsection (1), to apply to Section 213(3)
the commission for a decision under subsection (3).
Power, as the employer, on or before the nominal expiry date of a bargaining Section 223(1)
instrument, to, apply to the commission to extend the nominal expiry date.
Power, as an employer, to apply to the commission to amend a bargaining Section 225(1)
instrument.
Power, as an approving party, to approve an amendment to a bargaining Section
instrument. 225(2)(a)(i)
Power, as a person to whom a bargaining instrument applies, to apply to the Section 225(5)
commission to amend the instrument in one of the ways set out in subsection (5)
and to agree to any amendment.
Power, as a party to a bargaining award or a proposed new party to the award, Section 226(2)
to, in the circumstances set out in subsection (1), apply to the commission to
amend the bargaining award so the award applies to the proposed new party.
Power, as the employer, on or before the nominal expiry date of a certified Section 227(1)
agreement or arbitration determination, to apply to the commission to terminate
the agreement or determination.
Power, as the employer, after the nominal expiry date of a certified agreement or Section 228(1)
arbitration determination, to apply to the commission to terminate the agreement
or determination.
Page 28 of 67
Section 29
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the person who intends to terminate the agreement or determination Section 228(2)
to give all other persons to whom the agreement or determination applies, notice
of the intention.
Power, as a party to an agreement or determination that does not provide for the Section
way it may be terminated, to agree to the agreement or determination being 228(3)(b)(i)
terminated.
Power, as a negotiating party for a proposed bargaining instrument, to take Section 232
protected industrial action for the proposed instrument subject to the
requirements of Chapter 4, Part 8.
Power, as the employer intending to take the industrial action, to give notice of Section 236
the intention to all of the negotiating parties for the proposed bargaining
instrument, either in writing or by taking other reasonable steps to notify
employees of the intended action.
Power, as the employer taking industrial action that is the lockout of an employee, Section 237(3)
to refuse to pay the employee for the period of the lockout.
Power, as a negotiating party for a proposed bargaining instrument, to apply to Section 240(1)
the commission for an order to suspend or terminate protected industrial action
for the proposed bargaining instrument being engaged in, or threatened to be
engaged in.
Power, as a negotiating party for a proposed bargaining instrument, to apply to Section 241(1)
the commission for an order to suspend or terminate protected industrial action
for the proposed bargaining instrument being engaged in, where the industrial
action has threatened, is threatening or would threaten:-
(a) to endanger the life, personal safety or health, or welfare of the State’s
population or part of it; or
(b) to cause significant damage to the State’s economy or an important part
of it.
Power, as the employer, to apply to the registrar for a certificate stating that the Section 242(2)
employer need not negotiate with an employee organisation under chapter 4
because of a circumstance in section 171(5).
Power, as a party to a certified agreement or a bargaining award, to sign the Section 250(3)
affidavit prepared pursuant to subsection (2) on behalf of Council.
Power, as a relevant party subject to a direction of the commission, to comply Section 251(4)
with the direction on behalf of Council, including signing any affidavit required
under subsection (3).
Power, as a party to an industrial dispute, in the circumstances referred to in Section 261(1)
subsection (1), to give the registrar written notice of the dispute.
Power, as a party directly involved in an industrial cause, to request the registrar Section 263(a)
act as mediator in the cause.
Power, as a person served with an attendance notice, to attend the compulsory Section 264(1)
conference and agree to measures which attempt to prevent or settle the dispute.
Power, as a person the subject of an order, to prepare, file and sign an affidavit Section 265(3)
under subsection (3)(c).
Page 29 of 67
Section 30
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a person served with a show cause notice, to show cause to the full Section 265(7)
bench at the stated time why Council should not be dealt with under section 266.
Power, as the employer, to pay or refuse to pay, an employee for a period when Section 268(1)
the employee engages in a strike.
Power, as an employer against whom the strike was organised, engaged in or Section 269(2)
threated, to make an application to the commission for an order for a
contravention of section 268.
Power, as a person who has been affected by a contravention of Chapter 8, Part Section 309(1)
1, to apply to the commission for the commission to deal with the dispute.
Power, as an applicant or an employer, to attend a conciliation conference at a Section 312(2)
stated time and place and attempt to settle the matter on behalf of Council.
Power, as an employer, to attend a conciliation conference at a stated time and Section 318(2)
place and attempt to settle the matter on behalf of Council.
Power, as a party, to seek further conciliation, or settle the matter, at any time Section 318(5)
before an order is made under section 321 or 322.
Power, as the employer that has decided to dismiss 15 or more employees for Section 329(1)
economic, technological or structural reasons, to dismiss the employees if the
circumstances of section 329(1) apply and give the requisite notices.
Power, as the employer, to give each employee organisation the opportunity to Section 330
consult on the ways listed in section 330(1).
Power, as the employer, to stand down an employee if the circumstances of Section 333
section 333 apply.
Power, as the employer, to apply to the commission for an authorised officer’s Section 338(1)
authority under section 337 to be revoked or suspended.
Power, as the employer, to keep a time and wages record for each industrial 339(1)
instrument employee as required by section 339.
Power, as the employer and upon request by the employee, to give the employee Section 339(5)
a certificate stating the total hours recorded under section 339(1)(d) for the
employee, worked out to the previous 30 June.
Power, as the employer, to keep a time and wages record for each non-industrial 340(1)
instrument employee as required by section 340.
Power, as the employer and upon request by the employee, to give the employee Section 340(5)
a certificate stating the total hours recorded under section 340(1)(d) for the
employee, worked out to the previous 30 June.
Power, as the employer, to keep an employee register as required by section 341(1)
341.
Power, as the employer, when paying an employee wages, to give the employee 343(1)
a written statement as required by section 343(2).
Power, as the employer, when asked by the inspector to inspect, or for electronic 344(2)
access to, the time and wages record, to comply with the request.
Page 30 of 67
Section 31
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the employer, when asked by the registrar to inspect, or for electronic 346(2)
access to, the time and wages record, to comply with the request.
Power, as the employer, when directed by the registrar, to give the employee 346(4)
register or index to a stated person, at a stated reasonable time and place.
Power, as the employer, to agree to an employee inspecting the time and wages Section 347
record for that employee’s particulars, as permitted by section 347(2)(a) and (b),
and to give the particulars to the employee in writing.
Power, as the employer, to agree to an employee inspecting the time and wages Section 347(2)
record:-
(a) more than once in any 12-month period; or
(b) outside the employer’s business hours; or
(c) during the employee’s working time.
Power, as the employer, to require an authorised officer to produce the officer’s Section 348(2)
authorisation.
Power, as the employer, where an authorised officer fails to produce the officer’s Section 348(5)
authorisation, to treat the office as a trespasser.
Power, as the employer, when asked by the authorised officer for an item in Section 350
section 350(1), to comply with the request and to refuse to comply if the
circumstances of section 350(3) or 350(5) exist.
Power, as the employer, keep an authorisation given under this section at, or in Section 354B
a place where it can be accessed from, a workplace of the employer in
Queensland.
Power, as the employer in the circumstances set out in subsection 354C(1), to Section
give the information referred to in subsection 354C(2). 354C(2)
Power, as an employer who has given information to the registered employee Section
organisation under subsection 354C(2)(a), to notify the employee. 354C(5)
Power, as the employer, to keep an accurate written account of the amounts Section 359(4)
received from the prime contractor, and of the way the amounts have been
disbursed or disposed of.
Power, as the employer, to produce the account for inspection to an employee in Sections 359(5)
the circumstances set out in subsection (a) to (c) and allow the employee to make and (6)
a copy of the account.
Power, as a prime contractor served with an attachment notice, to keep from the Section 361(2)
amounts payable, or to become payable, by the prime contractor to the employer
for the contracted work, an amount sufficient to satisfy:-
(a) the claim for wages stated in the notice; and
(b) all further claims for wages stated in notices of attachment served on the
prime contractor within 7 days after the service of the first notice.
Power, as a prime contractor served with an attachment notice, to pay the amount Section 361(4)
to which the notice relates to a clerk of the Magistrates Court.
Page 31 of 67
Section 32
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a prime contractor, to pay the amount stated in the relevant order to Section 362(4)
the employee from the amounts attached and kept in the hands of the prime
contractor.
Power, as a prime contractor, to ask the employee to sign a discharge for the Section 366
amount paid for a claim for wages to which an order under section 362 relates.
Power, as the employer, where an employee’s consent authorising a deduction Section 371(5)
to be made from wages is not written, to, before making the deduction, give the
employee written acknowledgement of the consent.
Power, as the employer, to pay each employee’s wages at least monthly to the Section 373(1)
employee.
Power, as the employer, where the circumstances in subsection (1) apply, to Section 375(2)
immediately at the end of the 30 days, pay the wages payable to the former
employee to the nearest clerk of the Magistrates Court.
Power, as the employer, to recover an amount to which the employee is not Section 376(2)
entitled by deducting amounts from the employee’s wages for a subsequent pay
period or periods.
Power, as the employer, where an employee ceases employment without giving Section 377
the employer the notice required by an industrial instrument, to deduct from the
employee’s wages an amount stated by an industrial instrument.
Power, as the employer, to contribute, for eligible employees, to the approved Section 394(1)
superannuation fund at the level required by the relevant industrial instrument.
Power, as a person who may be directly affected by the declaration, to apply to Section 463(1)
the commission for a declaration about an industrial matter.
Power, as an employer, to apply to the commission for an interpretation of an Sections 467(1)
industrial instrument, other than a certified agreement or bargaining award. and 468(1)
Power, as a person bound by the agreement, to apply to the commission for an Sections 467(1)
interpretation of a certified agreement or bargaining award. 468(2)
Power, as a party to an industrial cause, to agree in writing to the parties Sections 469(1)
requesting the commission to assist the parties in negotiating or resolving a and (2)
matter relevant to the industrial cause, whether or not the matter is within the
jurisdiction of the commission and to agree that the request being amended.
Power, as a party to an industrial cause, to agree, in writing, for the decision of Section 469(4)
the commission to bind the parties.
Power, as a party to a dispute, to make a referral agreement with the other parties Section
to the dispute. 470(1)(b)
Power, as a party to a dispute, in the circumstances set out in subsection (1), to Section 470(2)
apply to the commission for the commission to perform its dispute resolution
functions.
Power, as a party to a contract, in the circumstances set out in subsection (1), to Section 471(1)
apply to the commission for the commission to amend or declare void (wholly or
partly) the contract.
Page 32 of 67
Section 33
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a person under section 474, to apply to the commission for the Section 473(1)
commission to grant an injunction:-
(a) to compel compliance with an industrial instrument, a permit or this Act;
or
(b) to restrain or prevent a contravention, or continuance of a contravention,
of an industrial instrument, a permit or this Act.
Power, as an employer, to apply to the full bench for the orders set out in section Section 479
479 about a demarcation dispute.
Power, as a person mentioned in section 485, to apply to the full bench or the Section 484(1) I
commission for proceedings to be reopened.
Power, as a party to proceedings, to appoint in writing, an agent to represent Section
Council in the proceedings. 529(1)(a)
Power, as a person aggrieved by a decision of the court or the full bench Section 554(1)
constituted by the president and 2 or more other members, to appeal to the Court
of Appeal.
Power, as a person aggrieved by a decision of the full bench constituted by the Section 554(2)
president and 2 or more other members, to seek the leave of the Court of Appeal
to appeal.
Power, as a person aggrieved by a decision of a magistrate, to appeal to the Section 556
court.
Power, as a person aggrieved by a decision of the commission, to appeal to the Section 557(1)
court.
Power, as a person aggrieved by a decision of the commission, to seek the leave Section 557(2)
of the court to appeal.
Power, as a person aggrieved by a decision of the registrar, to appeal to the full Section 560(1)
bench.
Power, as a person aggrieved by a decision of the registrar, to seek the leave of Section 560(2)
the full bench to appeal.
Power to apply to the industrial tribunal to allow a longer period in which to start Section 564(2)
an appeal.
Power, as a person mentioned in column 2 of schedule 3, to apply to the relevant Section 572
industrial tribunal for an order in relation to a contravention, or alleged
contravention, of a civil penalty provision.
Power, as a person subject to a requirement from an inspector to produce a Section 912(2)
document, to comply with the requirement.
Power, as an employer subject to a written demand by an inspector under Section 915(2)
subsection (1), to comply with the demand.
Power, as an employer, to pay wages payment to an employee under the Act, a Section
relevant industrial instrument or a permit, in accordance with the employee’s 928(1)(b)
written direction.
Power, as the employer in a workplace where an industrial instrument applies, to Section 934(2)
display a copy of the industrial instrument as required by section 934(2).
Page 33 of 67
Section 34
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the employer, where a person whose employment with the employer Section 935(2)
has been terminated has asked for a certificate described in section 935(1), to
give the certificate.
2. To exercise powers of the Council pursuant to the Industrial Relations Regulation 2018.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the employer, when working out continuous service under section Section 4(1)(c)
123(1) of the Industrial Relations Act 2016, to notify the employee that another
absence from work breaks the employee’s continuous service
Power, as the employer, when working out continuous service under section Section 4(5)(b)
123(1) of the Industrial Relations Act 2016, to withdraw a notice to the
employee given under section 4(1)(c)
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical
knowledge and legislative requirements.
3. 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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 34 of 67
Section 35
DELEGATION OF AUTHORITY
TITLE: LAND ACT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Land Act 1994
Delegated Power:
1. To exercise the powers of Council pursuant to the Land Act 1994.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a person who may take water under the Water Act 2000, section Section 13A(4)
96, to exercise a right of access, a right of grazing and a right to bring action
for trespass over the adjacent land.
Power, as a person an adjacent owner for the land, to consent to the Section
dedication of non-tidal watercourse land or non-tidal lake land as a reserve. 13AC(1)(a)
Power, as owner of land having a non-tidal boundary (the relevant land), to Section 13B(1)
apply to the chief executive (water) to have land adjoining the relevant land
(the watercourse land) declared to be former watercourse land.
Power to give notice of the person’s intention to make an application Section 13B(2)
pursuant to section 13B to the owners of any land that adjoins the
watercourse land
Power, as an applicant under section 13B (1), to appeal against the refusal Section 13B(6)
of the application.
Power, as registered owner of land, to enter an agreement with the Governor Section 18(1)
in Council to exchange all or part of the freehold land for the grant of
unallocated State land.
Power, as lessee of a freeholding lease, to enter an agreement with the Section 18(2)
Governor in Council to exchange all or part of the freeholding lease for a
freeholding lease over unallocated state land.
Power, as lessee of a term lease (other than a State lease or a perpetual Section 18(3)
lease), to enter an agreement with the Minister to exchange all or part of the
term lease for a lease of unallocated State land for a term of years or in
perpetuity.
Power, as a person seeking to have a plan of subdivision registered in Section 23A(1)
relation to the land contained in a deed of grant, deed of grant in trust or
lease, to apply to the chief executive for the allocation of a floating
reservation to some or all of the lots created by the plan.
Power, as an applicant under section 23A (1), to appeal against the chief Section 23A(6)
executive’s decision.
Page 35 of 67
Section 36
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as registered owner of the deed of grant or lessee of a free holding Section 24(3)
lease of a reservation for a public purpose to be sold under section 24(1), to
apply to the Governor in Council to buy the land.
Power to appeal against the Minister’s determination of the unimproved Section 25(2)
value of land to be sold under section 24(1) of the Land Act 1994.
Power, as trustee, lessee or registered owner, to agree to the Minister’s Section 26(2)
proposal to change the boundaries of a lease, deed of grant or deed of grant
in trust where the Governor in Council is resuming possession of all or part
of a reservation and the boundaries of the reservation are not stated in the
lease, deed of grant or deed of grant in trust.
Power, as lessee, registered owner or trustee, to appeal the Minister’s Section 26(4)
decision to change the boundaries of a lease, deed of grant or deed of grant
in trust where the Governor in Council is resuming possession of all or part
of a reservation and the boundaries of the reservation are not stated in the
lease, deed of grant or deed of grant in trust.
Power, as lessee or registered owner, to buy a forest entitlement area under Section 26B(2)
sections 24 and 25.
Power, as lessee or registered owner, to appeal against the value decided Section 26B(8)
by the Minister for commercial timber on a forest entitlement area that the
local government is buying.
Power, to apply to the Minister for the dedication of a reserve. Section 31C(1)
Power to give notice of the intention to apply for the dedication of a reserve. Sections 31C(2)
and 31C(3)
Power, as trustee, to apply to the Minister to change the boundary of a Section 31D(1)
reserve or the purpose of a reserve.
Power to give notice of the intention to change the boundary of a reserve or Sections 31D(2)
the purpose of a reserve. and 31D(3)
Power, as trustee, to consult with the Minister in response to a proposed Section 32
State lease over a reserve.
Power to apply to the Minister to revoke the dedication of all or part of a Section 34(1)
reserve.
Power to give notice of the intention to apply to the Minister to revoke the Sections 34(2)
dedication of all or part of a reserve. and 34(3)
Power, as owner of improvements on a reserve the dedication to which has Section 34H(1)
been revoked, to apply, in writing to the chief executive, to remove
improvements on the reserve.
Power, as owner of improvements on a reserve the dedication to which has Section 34H(2)
been revoked, to remove improvements with the written approval of the
chief executive.
Power, as trustee of an operational reserve, to apply for a deed of grant over Section 34I(1)
the reserve.
Power, as trustee of an operational reserve, to give notice of the intention to Sections 34I(3)
apply for a deed of grant over the reserve. and 34I(4)
Page 36 of 67
Section 37
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as trustee, to apply for an additional community purpose or to Section 38A(1)
amalgamate land with common purposes.
Power, as trustee, to apply for the cancellation of a deed of grant in trust Section 38A(2)
under section 38.
Power, as trustee, to give notice of the intention to apply under section 38A. Sections 38A(3)
and 38A(4)
Power, as owner of improvements on a deed of grant in trust that has been Section 38G(1)
cancelled, to apply, in writing to the chief executive, to remove the
improvements on the deed of grant in trust.
Power, as owner of improvements on a deed of grant in trust that has been Section 38G(2)
cancelled, to remove the improvements with the chief executive’s approval.
Power to accept appointment as trustee. Section 44
Power, as trustee, to advise the chief executive of change in details. Section 45
Power, as trustee, to comply with the administrative, accounting function and Sections 46, 47,
other directions provided by Minister.
Power, as trustee, to:- Section 48
(a) comply with a request of the chief executive to apply for the approval
of a management plan for the trust land; and
(b) comply with a request of the chief executive to make all records
available for inspection by the chief executive and allow copies and
notes of the records to be made;
register any management plan in the appropriate register
Power, as trustee, to:- Section 49
(a) allow the auditor-general, a person mentioned in section 47(1)(a) to
(d), or a person authorised by the chief executive of a department, to
audit the trust’s financial accounts; and
(b) help the conduct of the audit, including the disclosure of financial
institution accounts necessary for the audit.
Power to take all necessary action for the maintenance and management of Sections 52(1)
trust land.
Power, as trustee, to surrender all or part of a deed of grant in trust on terms Section 55(1)
agreed with the Minister and with the Minister’s written approval.
Power, as trustee, to apply to surrender all or part of a deed of grant in trust. Section 55A(1)
Power, as trustee, to give notice of the intention to apply to surrender all or Sections 55A(2)
part of a deed of grant in trust. and 55A(3)
Power, as owner of improvements on a deed of grant in trust that has been Section 55H(1)
surrendered, to apply, in writing to the chief executive, to remove the
improvements on the deed of grant in trust.
Power, as owner of improvements on a deed of grant in trust that has been Section 55H(2)
surrendered, to remove the improvements on the deed of grant in trust with
the written approval of the chief executive.
Page 37 of 67
Section 38
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as trustee, to lease all or part of the trust land if the trustee first Section 57(1)
obtains the Minister’s written “in principle’ approval to the lease.
Power as trustee to, without the Minister’s approval, grant a trustee lease Section 57(3)
(construction) or a trustee lease (State or statutory body) over all or part of
the trust land.
Power, as trustee, to register a trustee lease in the appropriate register. Section 57(7)
Power to seek the Minister’s approval to amend a trustee lease. Section 57A(1)
Power, as trustee lessee, to transfer, mortgage or sublease a trustee lease Section 58(1)
subject to the written approval of:-
(a) the Minister for a sublease; or
(b) otherwise, the chief executive.
Power to appeal against the Minister’s or chief executive’s decision to refuse Section 58(7)
to allow a transfer, mortgage or sublease of a trustee lease.
Power, as trustee, to issue a trustee permit to use all or part of the trust land. Section 60(1)
Power to lodge a trustee permit in the appropriate register. Section 60(3)
Power to seek consent to group trust land reserved for similar purposes Section 62
together.
Power to seek the Minister’s approval for rent from a trustee lease or trustee Section 63(3)
permit to be applied to costs other than on maintenance and enhancement of
the trust land.
Power, as a relevant person, to apply to the Minister for written authority Section 64(1)
dispensing with the need to obtain the Minister’s or chief executive’s
approval for relevant leases.
Power, as a relevant person, to apply for approval to lease, sublease or sub- Section 64(4)
sublease trust land even if an authority is in force.
Power, as trustee, to cancel a trustee lease or trustee permit if the lessee or Section 65(1)
permittee does not comply with the conditions of the lease or permit.
Power to allow the trustee lessee or trustee permittee to remove the trustee Section 66(1)
lessee’s or trustee permittee’s improvements on the land within a reasonable
time stated by the trustee.
Power, as trustee of a deed of grant in trust, to mortgage a deed of grant in Section 67(2)
trust issued prior the commencement of the, subject to the Minister’s
approval under section 67(4).
Power to mortgage a deed of grant in trust issued after the commencement Section 67(3)
of the subject to section 67(3)(a) and (b) and the Minister’s approval under
section 67(4).
Power, as trustee of trust land for cemetery purposes, to repair or remove Section 80(1)
structures, monuments or tombstones from a cemetery on trust land.
Power to ask the Minister that a cemetery on trust land be closed to further Section 81(1)
burials.
Page 38 of 67
Section 39
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to ask the Minister to re-open a cemetery previously closed for further Section 81(4)
burials.
Power to agree to take on the trusteeship of a cemetery from trustees of the Section 82
cemetery, and to agree on the terms of the transfer.
Power to seek approval from the Minister to exhume a body from a Section 83(1)
cemetery, in the absence of any local law covering the matter.
Power to apply to the Minister seeking approval to surrender land granted for Section 84(1)
an estate in fee simple for some community, public or similar purpose, the
land to the State, and for the issue of a deed of grant in trust under this Act
for a community or public purpose.
Power to apply for land to be dedicated as a road for public use. Section 94(2)
Power to apply to the Minister to permanently close a road. Section 99(1)
Power to apply to the Minister to temporarily close a road. Section 99(3)
Power, as an adjoining owner of land who makes an application to Section 99(4)
permanently close a road pursuant to section 99(1) of the , to ask that the
land be amalgamated with the adjoining owner’s adjoining land upon its
closure.
Power to object to a road closure application in response to a public notice. Section 100
Power, as a road licensee, to surrender all or part of a road licence. Section 105(3)
Power, as registered owner of land, to apply for the simultaneous opening Section 109A(1)
and closing of roads subject to the conditions in section 109A(1)(a), (b) and
(c).
Power, as registered owner, to ask the Minister to include certain matters in Section 109A(2)
the deed of grant in trust issued under section 358.
Power, as registered owner, to appeal against any conditions the Minister Section 109A(3)
imposes under section 420I.
Power, as trustee or lessee, to apply for the simultaneous opening or closing Section 109B(1)
of roads subject to section 109B (1)(a), (b) and (c).
Power to ask the Minister to include certain matters in the deed of grant in Section 109B(2)
trust issued under section 358 or dedicated as a reserve under section 31A
(whichever is applicable).
Power, as lessee, to ask that the land in the road being closed be Section 109B(3)
amalgamated in accordance with section 109B (3)(a) or (b) (whichever is
applicable).
Power, as trustee or lessee, to appeal against any conditions the Minister Section 109B(4)
imposes under section 420I.
Power to apply for an interest in land that may be granted without Section 120A(1)
competition.
Power, as lessee, to apply to the Minister that a lease be used for additional Section 154
or fewer purposes.
Power, as lessee, to apply for extension of a term lease (40 years). Section 155A(2)
Page 39 of 67
Section 40
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as lessee, to apply for extension of a term lease (50 years). Section 155B(2)
Power, as lessee, to apply for extension of a term lease (75 years). Section
155BA(2)
Power, as lessee, to apply for an offer of a new lease (a renewal Section 158
application).
Power, as an applicant for a renewal application, to appeal against the chief Section 160(3)
executive’s decision to refuse the renewal application if the only reason for
the refusal was that the applicant had not fulfilled the conditions of the lease.
Power, as a lessee under a rolling term lease, to apply to the Minister for an Section 164C(1)
extension of the term
Power, as a lessee under a rolling term lease, to appeal to the Minister’s Section 164C(7)
refusal of an extension of the term.
Power, as lessee, to apply to convert a perpetual lease to freehold land and Section 166(1)
a term lease to a perpetual lease or to freehold land.
Power, as applicant for a conversion application, to appeal against the chief Section 168(5)
executive’s decision to refuse the conversion application if the only reason
for the refusal was that the applicant had not fulfilled the conditions of the
lease.
Power to appeal against the chief executive’s decision on the purchase price Section 170(2)
for the conversion of a lease to a deed of grant.
Power, as lessee, to apply for approval to subdivide the lease. Section 176(1)
Power to provide a statement of Council’s views on the proposed Section
subdivision. 176(2)(b)
Power to appeal against the Minister’s decision to refuse an application for Section 176E
approval to subdivide a lease.
Power, as lessee of 2 or more leases, to apply to the Minister for approval to Section 176K(1)
amalgamate the leases.
Power, as a local government, to prepare a statement of Council’s views on Section
the amalgamation of 2 or more leases. 176K(3)(b)
Power to give the chief executive an opinion in respect of a proposed road Section 176N
closure.
Power, as a local government, to prepare a statement of Council’s views on Section
the amalgamation of 2 or more leases. 176K(3)(b)
Power to consult with the chief executive regarding the issue of a permit to Section 177
occupy unallocated State land, a road or a reserve.
Power to apply for a permit to occupy unallocated State land, a reserve or a Section 177A(1)
road.
Power to give notice of an intention to apply for a permit to occupy Section 177A(2)
unallocated State land, a reserve or a road.
Power, as an applicant for a permit, to enter an agreement with an adjoining Section 179
owner about the maintenance of a fence.
Page 40 of 67
Section 41
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a permittee, to surrender a permit to occupy on terms agreed to Section 180(2)
between the chief executive and the permittee and with the chief executive’s
written approval.
Power, as a relevant entity, to apply to surrender or cancel a permit to Section 180A
occupy.
Power, as a permittee for a permit that is cancelled or surrendered, to apply Section 180H(1)
to remove the permittee’s improvements on the permit land.
Power, as a permittee, to remove improvements with the chief executive’s Section 180H(2)
written approval.
Power, as lessee, licensee or permittee, to give the Minister or chief Section 201
executive the information asked for about the lease, licence or permit.
Power, as lessee, licensee or permittee, to apply to change an imposed Section 210
condition of the lease, licence or permit.
Power to appeal against the Minister’s decision to change an imposed Section 212(3)
condition about the protection and sustainability of the lease land.
Power to make submissions to the Minster in response to a warning notice. Section 214A
Power, as a lessee or licensee to whom a remedial action notice has been Section 214B
given, to appeal against the decision to give the notice.
Power, as a lessee or licensee to whom a remedial action notice has been Section 214D
given, to comply with the notice.
Power, as lessee, to appeal against the Minister’s decision to reduce the Section 214F(3)
term of, or impose additional conditions on, a lease.
Power, as a person who has a lawful interest in the matters listed at section Section 219(3)
219(3)(a), (b) and (c), to claim compensation as prescribed by the
Acquisition of Land Act 1967.
Power, as a compensation claimant, to appeal the Minister’s decision about Section 222(6)
the amount of loss, costs and expenses the claimant is entitled to claim.
Power, as owner of lawful improvements on a lease or part of lease resumed Section 225(2)
under the division, to claim compensation.
Power, as lessee, to appeal against the Minister’s decision on compensation Section 226(5)
payable.
Power, as owner of lawful improvements on all or part of a reservation Section 230(2)
resumed, to claim compensation.
Power, as owner, to appeal against the Minister’s decision on compensation Section 232(5)
payable.
Power, as a relevant local government of a term or a perpetual lease, to Section 239(4)
appeal against a decision under subsection (2)(b)(iv) to allow an entity other
than the relevant local government to sell the lease.
Power, after receiving a notice under section 235(1) or 238(3), as a lessee of Section 240E(1)
a lease, to apply in writing to the chief executive for permission to sell the
lease.
Page 41 of 67
Section 42
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a local government, to apply to the chief executive to sell a lease. Section 240G
Power, as lessee of a forfeited lease, to apply, in writing to the chief Section 243(1A)
executive, to remove the lessee’s improvements on the lease.
Power, as lessee of a forfeited lease, to remove the improvements with the Section 243(1)
written approval of the chief executive.
Power, as a transferor or a person creating the interest, or the transferee or Section 288(1)
the person in whose favour the interest is to be created, to sign a document
transferring a lease, sublease or licence or creating an interest in a lease or
sublease.
Power, as a transferor or a person creating the interest, or the transferee or Section
the person in whose favour the interest is to be created, to sign a document 288(1)(b)
transferring a lease, sublease or licence or creating an interest in a lease or
sublease.
Power to lodge a standard terms document and amend the standard terms Sections 318 &
document by lodging a further document. 319
Power, as a lessee, licensee or the holder of a sublease, to apply to transfer Section 322(3)
a lease, sublease or licence under the Act with the approval of the chief
executive.
Power, as a lessee, licensee or the holder of a sublease, to apply to the chief Section 322(5)
executive to extend the time mentioned in subsection 322(4).
Power, as a lessee, licensee or the holder of a sublease, to appeal a Section 322(8)
decision of the chief executive not to grant the transfer of a lease, sublease
or licence.
Power to surrender freehold land on terms agreed between the chief Section 327
executive and the registered owner and with the chief executive’s written
approval.
Power to surrender a lease or part of a lease on terms agreed between the Section 327A
chief executive and the lessee and with the chief executive’s written
approval.
Power, as a registered owner, to apply in writing to the chief executive to Section 327B
surrender freehold land.
Power, as a lessee, to apply in writing to the chief executive to surrender all Section 327C(1)
or part of a lease.
Power, as a lessee, to give notice of an intention to apply to any other Sections
person with a registered interest in the lease. 327C(2) and
327C(3)
Power, as owner of improvements on a lease that has been surrendered, to Section 327I(1)
apply in writing to the chief executive to remove the owner’s improvements
on the lease.
Power, as owner of improvements on a lease that has been surrendered, to Section 327I(2)
remove the owner’s improvements with the chief executive’s written
approval.
Page 42 of 67
Section 43
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as lessee, to give notice of the intention to surrender a lease. Section 329(1)
Power to seek the Minister’s approval to sublease a lease issued under the Sections 332(1)
Act. and 332(2)
Power to appeal against the Minister’s refusal to approve the sublease of a Section 332(7)
lease issued under the Act.
Power to seek the Minister’s approval to amend a sublease. Section 336
Power, as party to a sublease, to give another party to the sublease a Section 339F
dispute notice and ask the responder to give information reasonably required
for resolving the dispute.
Power, as a party to a sublease who has received a dispute notice, to Section 339G.
respond to the dispute notice and ask for further information reasonably
required for resolving the dispute.
Power, as a party to a sublease and where the circumstances of section Section 339H(2).
339H(1) apply, to attempt to resolve the dispute by mediation.
Power, as a party to a sublease and a party to a dispute, to jointly appoint a Section 339I(1)
mediator to mediate the dispute.
Power, as a party to a sublease and a party to a dispute, and where the Section 339I(2).
circumstances of section 339I(2) apply, to request the prescribed dispute
resolution entity to appoint a mediator to mediate the dispute.
Power, as a party to a sublease and a party to a dispute, to agree to a time Section 339J(1)
for the mediation.
Power, as a party to a sublease and a party to a dispute, and where the Section 339J(2).
circumstances of section 339J(2) apply, to request the prescribed dispute
resolution entity to set a time for the mediation of the dispute.
Power, as a party to a sublease and a party to a dispute that is the subject of Section 339K.
mediation, to participate in the mediation, agree to adjourn the mediation,
and agree to a later time for the mediation.
Power, as a party to a sublease and a party to a dispute that is the subject of Section 339L.
mediation, to pay Council’s share of the mediator’s costs of the mediation or
otherwise agree with the other parties to the dispute how the costs of the
mediator will be paid.
Power, as a party to a sublease and a party to a dispute, to jointly appoint an Section 339O(1)
arbitrator to decide the dispute.
Power, as a party to a sublease and a party to a dispute, and where the Section 339O(2).
circumstances of section 339O(2) apply, to request the prescribed dispute
resolution entity to appoint an arbitrator to decide the dispute.
Power, as a party to a sublease and a party to a dispute, to agree to extend Section
the period for the arbitrator to decide the dispute by issuing an award. 339Q(3)(c).
Page 43 of 67
Section 44
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a party to a sublease and a party to a dispute, and where the Section
arbitrator has required, to give an appointed expert access to or copies of 339R(1)(b)
any relevant information, documents or other property.
Power, as a party to a sublease and a party to a dispute, to request that an Section 339R(2).
appointed expert participate in a hearing.
Power, as a party to a sublease and a party to a dispute that has been Section 339T.
decided by arbitration, to apply to the Supreme Court to set aside the
decision in certain circumstances.
Power, as a party to a sublease and a party to a dispute that is the subject of Section 339U.
arbitration, to pay Council’s share of the arbitration costs or otherwise agree
with the other parties to the dispute how the arbitration costs will be paid.
Power, as the registered owner or trustee, to surrender land if the description Section 358(1)
of the land is no longer correct, because of the reasons listed in section
358(1)(a) to (f).
Power, as registered owner or trustee, to surrender the land contained in the Section 358(2)
registered owner’s deed of grant or trustee’s deed of grant in trust if, on
resurvey of the land, the boundaries of the land do not agree with the
boundaries described in the existing deed or appropriate plan, and no doubt
exists about the boundaries of the land, with the written approval of the chief
executive.
Power to apply to amend the description in a freeholding lease if the Section 360C(1)
description of the lease may be amended under section 360(1)(a) or (d).
Power to apply to amend the description in a term lease or a perpetual lease, Section 360C(2)
other than a State lease, if the description of the lease may be amended
under section 360A(2)(a), (b) or (c).
Power to apply to amend the description in a State lease if the description of Section 360C(3)
the lease may be amended under section 360B (1)(a), (b), (c) or (d).
Power, as a lessee or a person acting for a lessee, to give notice of an Section 360D
intention to make an application under section 360C to amend the
description of a lease.
Power to sign the plan of survey for an easement where Council is the public Section
utility provider or the owner of the land to be burdened. 363(1)(b)
Power to sign a document surrendering an easement in favour of Council, Section 371(2)
where Council is one or more of the entities listed in subsections 371(2)(a)
to (c).
Power to apply to the Minister for approval for a public utility easement to Section 372(2)
continue over unallocated State land when the deed of grant in trust, lease or
licence ends or the dedication of the reserve is revoked.
Power to apply to the Minister for approval for a public utility easement to Section 372(5)
continue over unallocated State land when the freehold land is surrendered.
Power, as the trustee, lessee or sublessee of nonfreehold land the subject of Section 373A
a trust, lease or sublease, to consent to the creation of a covenant on the
land.
Page 44 of 67
Section 45
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as trustee of trust land, or as a lessee, licensee or permittee to start a Section 415
proceeding in the Magistrates Court for unlawful occupation or trespass of
the trust land, or a lease, licence or permit.
Power to make a submission in response to a notice received under the Act Section 420CB
about a proposed application.
Power to respond to a request from the Chief Executive for information listed Section 420E
in sections 420E(1)(a) and 420E(1)(b).
Power to apply to the Minister for a review of a decision. Section 423
Power to appeal to the Court against a decision. Section 427
Power to consult with the Minister about whether Council wishes to be the Section 431V(2)
manager of a declared beach area.
NB. this power only applies to the proposed easements A, B and C on
SP143259 situated in lots 69, 71 and 72 on plan FD395, which are in the
Gladstone Regional Council area (see section 79 of the Land Regulation
2020).
Power to consult with the public and the owner of the lot about the use Section 431V(3)
conditions to be contained in a local law applying to a declared beach area.
NB. this power only applies to the proposed easements A, B and C on
SP143259 situated in lots 69, 71 and 72 on plan FD395, which are in the
Gladstone Regional Council area (see section 79 of the Land Regulation
2020).
Power, as an interested person and owner of adjacent land, and where the Section 431ZG
circumstances of section 431ZG(1) apply, to give the chief executive written
notice of the damage.
Power, as an interested person and owner of adjacent land, and where the Section
circumstances of section 431ZH(1) apply, to enter a remediation agreement 431ZH(2)
with the chief executive.
Power, as an interested person and owner of adjacent land, and where the Section
circumstances of section 431ZH(1) apply and a remediation agreement has 431ZH(5)
not been made, to apply to the court to decide what remediation action, if
any, will be taken.
Power, as licensee, to surrender all or part of an occupation licence, on Section 481A
terms agreed to between the Minister and the licensee and with the
Minister’s written approval.
Power, as a public utility provider or a licensee to apply to cancel or Section 481B(1)
surrender all or part of an occupation licence. and 481B(2)
Power, to give notice of an intention to, as a public utility provider or a Section 481B(4)
licensee, apply to cancel or surrender all or part of an occupation licence. and 481B(5)
Power, as a licensee of an occupation licence that is cancelled or Section 481J(1)
surrendered absolutely, to apply to remove the licensee’s improvements on
the licence.
Power, as a licensee, to remove the licensee’s improvements on the licence Section 481J(2)
with the written approval of the Minister.
Page 45 of 67
Section 46
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as licensee of an occupation licence, to carry out improvements or Section 482
development work on the licence only with the Minister’s written approval.
Power, as a local government, to apply to exchange the conditional deed for Section 492(1)
a reserve or deed of grant in trust with the local government as trustee or a
lease granted under the Land Act 1994.
Power to agree to an allocation or dedication of land from the State, where Section 505(2)
the land has become an asset of the State by virtue of section 231
(repealed) of the Transport Infrastructure Act 1994.
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. 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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 46 of 67
Section 47
DELEGATION OF AUTHORITY
TITLE: PLANNING
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Planning Act 2016
Planning Regulation 2017
Development Assessment Rules
Delegated Power:
1. To exercise the Council’s powers pursuant to the Planning Act 2016
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to make submissions to the Minister about the making or Section 10
amending of a State Planning instrument.
Power to give notice of a proposed planning scheme or proposed Sections 18, 20 and 26
amendment to the chief executive and follow the process for making or
amending a planning scheme. For avoidance of doubt, the power
delegated includes the power to take all actions as detailed in sections
18, 20 and 26 and as required under a notice given by the chief
executive or in the Minister’s rules.
This delegation does not include any powers that are required to be exercised
by Council pursuant to a resolution of Council.
Power to apply a planning scheme as a categorising instrument in Section 19
relation to prescribed tidal works in the tidal area for Council’s local
government area
Power to follow the process for the making or amending of an LGIP as Sections 21 and 26
set out in the Minister’s rules. For avoidance of doubt, the power
delegated includes the power to take all actions as detailed in sections
21 and 26 and as required in the Minister’s rules.
This delegation does not include any powers that are required to be exercised
by Council pursuant to a resolution of Council.
Power to follow the process for the making or amending of a planning Sections 22 and 26
scheme policy as set out in the Minister’s rules. For avoidance of doubt,
the power delegated includes the power to take all actions as detailed in
sections 22 and 26 and as required in the Minister’s rules.
This delegation does not include any powers that are required to be exercised
by Council pursuant to a resolution of Council.
Page 47 of 67
Section 48
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to follow the process for the making or amending of a TLPI as set Sections 23 and 26
out in the Minister’s rules. For avoidance of doubt, the power delegated
includes the power to take all actions as detailed in sections 23 and 26
and as required in the Minister’s rules.
This delegation does not include any powers that are required to be exercised
by Council pursuant to a resolution of Council.
Power to follow the process for repealing a TLPI or planning scheme Section 24
policy. For avoidance of doubt, the power delegated includes the power
to take all actions as detailed in section 24.
This delegation does not include the power to decide to repeal the TLPI or
planning scheme policy which is required to be exercised by Council pursuant
to a resolution of Council (see subsection (1)).
Power to review a planning scheme and a LGIP and follow the process Sections 25 and 26
for the review as set out in the Minister’s rules. For avoidance of doubt,
the power delegated includes the power to take all actions as detailed in
sections 25 and 26 and as required in the Minister’s rules.
This delegation does not include any powers that are required to be exercised
by Council pursuant to a resolution of Council.
Power to decide whether or not to agree to a superseded planning Section 29
scheme request and give notice of the decision.
Power to decide a compensation claim. For avoidance of doubt, the Sections 32 and 33
power delegated includes the power to take all actions and consider all
matters detailed in sections 32 and 33.
Power to make or amend a designation and follow the process in the Sections 35, 36, 37 and
designation process rules. For avoidance of doubt, the power 38
delegated includes the power to take all actions and consider all matters
detailed in sections 35, 36, 37, 38 and the designation process rules.
This delegation does not include any powers that are required to be exercised
by Council pursuant to a resolution of Council.
Power, as an affected party, to make submissions about the proposal to Section 37(4)
the Minister.
Power to extend the duration of a designation. For avoidance of doubt, Section 39
the power delegated includes the power to take all actions as detailed in
section 39.
Power to repeal a designation made by Council. For avoidance of Sections 40 and 41
doubt, the power delegated includes the power to take all actions and
consider all matters as detailed in sections 40 and 41.
Power, as an owner of an interest in designated premises, to request a Section 41(1)
designator to repeal a designation made by the designator on the basis
that the designation is causing the owner hardship.
Page 48 of 67
Section 49
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to include a note about the making, amendment, extension or Section 42
repeal of a designation in Council’s planning scheme. For avoidance of
doubt, the power delegated includes the power to take all actions as
detailed in section 42.
Power, as the assessment manger and where the circumstances of Section 45(8)
section 45(6) apply, to give the weight considered appropriate in the
circumstances to the documents referenced in section 45(8).
Power to give an exemption certificate for the development. For Section 46
avoidance of doubt, the power delegated includes the power to take all
actions as detailed in section 46.
Power to act as the “assessment manager” for all development Sections 48, 51, 53, 54,
applications, change representations, cancellation applications and 59, 60, 61, 62, 63, 64, 65,
extension applications received by Council under Chapter 3 of the 67, 71, 75, 76, 84, 85, 86,
Planning Act 2016. For avoidance of doubt, the power delegated 87, 93, 100, 101, 105, 107
includes the power to take all actions of an assessment manager and and 109
consider all matters as detailed in sections 48, 51, 53, 54, 59, 60, 61,
62, 63, 64, 65, 67, 71, 76, 84, 85, 86, 87, 93 100, 101, 105, 107 and 109
of the Planning Act 2016.
Power to keep a list of persons who are appropriately qualified to be an Section 48(3)(b)
assessment manager in relation to a particular type of development.
Power to enter an agreement with a person on Council’s list of persons Section 48(3)(d)
who are appropriately qualified to be an assessment manager in relation
to a particular type of development.
Power, as the owner of premises, to give written consent to the making Section 51(2)
of the development application.
Power to act as a “referral agency” for all development applications and Sections 46, 54, 55, 56,
cancellation applications received by Council as a referral agency under 57, 65, 66, 67, 84, 85 100,
Chapter 3 of the Planning Act 2016. For avoidance of doubt, the power 107 and 109
delegated includes the power to take all actions of a referral agency and
consider all matters as detailed in sections 46, 54, 55, 56, 57, 65, 66,
67, 84, 85, 100, 107 and 109 of the Planning Act 2016.
Power to consult with the Minister about making or amending the Section 64(9)
instrument mentioned in subsection (8)(c).
Power to act as a “responsible entity” for all change applications Sections 78A, 79, 80, 81,
received by Council as a responsible entity under Chapter 3 of the 81A, 81B, 82, 83, 93 and
Planning Act 2016. For avoidance of doubt, the power delegated 100, 105, 107 and 109
includes the power to take all actions of a responsible entity and
consider all matters as detailed in sections 78A, 79, 80, 81, 81A, 81B,
82, 83, 93, 100, 105, 107 and 109 of the Planning Act 2016.
Power to act as an “affected entity” for all change applications received Section 80
by Council as an affected entity under Chapter 3 of the Planning Act
2016. For avoidance of doubt, the power delegated includes the power
to take all actions of an affected entity and consider all matters as
detailed in section 80 of the Planning Act 2016.
Page 49 of 67
Section 50
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to act as an “additional referral agency” for a change application Section 82A
where section 82A applies. For the avoidance of doubt, the power
delegated includes the power to take all actions of an additional referral
agency and consider all matters as detailed in section 82A of the
Planning Act 2016.
Power, as the owner of land, to give written consent to the cancellation Section 84(3)(b)(i)
application.
Power, as a public utility, to give written consent to the cancellation Section 84(3)(b)(iii)
application.
Power, as the owner of land, to give written consent to the extension Section 86(2)(b)(ii)
application.
Power to note an approval referred to in subsection (1) on Council’s Section 89
planning scheme and give notice of the approval to the chief executive.
Power to comply with a direction given by the Minister. Section 93(2)
Power to make submissions in response to a proposed call in notice Section 102
received by Council.
Power, as the decision-maker, to give the Minister reasonable help. Section 105(3)
Power, as a participating local government for a distributor-retailer, to Section 115
enter a break-up agreement about the charges break-up and publish a
copy of the agreement on the local government’s website.
Power to carry out the steps required after making a charges resolution. Section 118
Power to give an infrastructure charges notice. For avoidance of doubt, Sections 119, 120, 121
the power delegated includes the power to take all actions and consider and 129
all matters as detailed in sections 119, 120, 121 and 129.
Power, as a local government that gave an infrastructure charges notice, Section 123
to agree with the recipient about:-
a) whether the levied charge may be paid other than as required
under section 122, including whether it may be paid by
instalments; and/or
b) whether infrastructure may be provided instead of paying all or
part of the levied charge.
Power, as a local government, to consider representations made on an Section 125
infrastructure charges notice and, issue a negotiated notice or give a
decision notice.
Power, as a local government with a LGIP that identifies adequate trunk Section 128(1)
infrastructure to service the subject premises, to impose a development
condition requiring either or both of the following to be provided at a stated
time:
a) the identified infrastructure; and/or
b) different trunk infrastructure delivering the same desired standard
of service.
Page 50 of 67
Section 51
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a local government with a LGIP that does not identify Section 128(2)
adequate trunk infrastructure to service the subject premises, to impose
a development condition requiring development infrastructure necessary
to service the premises to be provided at a stated time.
Power, as a local government, to impose an extra payment condition. Sections 130, 131, 132,
For avoidance of doubt, the power delegated includes the power to take 133, 134 and 135
all actions and consider all matters as detailed in sections 130, 131,
132, 133, 134 and 135.
Power in the circumstances referred to in subsection (1) to, by notice Section 137
given to the applicant, amend the infrastructure charges notice.
Power, as a local government, to consider and decide a conversion Sections 140, 141 and
application. For avoidance of doubt, the power delegated includes the 142
power to take all actions and consider all matters as detailed in sections
140, 141 and 142
Power, as a local government, to agree with an applicant that a levied Section 144(2)
charge, for the purpose of its recovery, is not taken to be rates.
Power, as a local government, to impose a development condition about Section 145
non-trunk infrastructure.
Power, as a local government, to enter an infrastructure agreement. For Chapter 4, Part 4
avoidance of doubt, the power delegated includes the power to take all
actions and consider all matters as detailed in Chapter 4, Part 4.
Power, as an enforcement authority, to give a show cause notice. Section 167
Power, as an enforcement authority, to give an enforcement notice. Section 168
Power to consult with a private certifier before giving an enforcement Section 169
notice.
Power to give notice of the giving or withdrawal of an enforcement notice Section 170
to the chief executive.
Power to bring offence proceedings for an offence against the Act. Section 174
Power to consent to proceedings being brought on behalf of the Section 175(1)(a)
corporation.
Power, as an enforcement authority, to:- Section 176(10)
(a) take the action required under the enforcement order; and
(b) recover the reasonable cost of taking the action as a debt to the
authority from the defendant.
Power, as an enforcement authority in an offence proceeding, to apply Section 178(1)(b)
for an order for the payment of the expenses.
Power to the start proceedings in the P&E Court for an enforcement Section 180
order.
Page 51 of 67
Section 52
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an enforcement authority, to:- Section 180(13)
(a) take the action required under the enforcement order; and
(b) recover the reasonable cost of taking the action as a debt to the
authority from the respondent.
Power to apply to the P&E Court to cancel or change an enforcement Section 181(4)
order or interim enforcement order.
Power, as an enforcement authority in an offence proceeding, to apply Section 214
for a disposal order.
Power to make a claim for compensation from the State where Council Section 221
incurs loss because of the exercise, or purported exercise, of a power by
or for an inspector.
Power as an appellant to start an appeal. Sections 229(2) and 230
Power as a respondent or co-respondent to be heard in an appeal. Section 229(4)
Power, where an appeal is only about a referral agency’s response, to Section 229(5)
apply to the tribunal or P&E Court to withdraw from the appeal.
Power to elect to be a co-respondent in an appeal. Section 230(6)
Power to start proceedings for a declaration by a tribunal. For avoidance Sections 239(1), 240 and
of doubt, the power delegated includes the power to take all actions 241,
detailed in sections 239(1), 240 and 241.
Power to give the registrar information that the registrar reasonably Section 246(2)
requires for the proceedings.
Power to appear as a party to a tribunal proceeding. Section 248
Power to make submissions to the tribunal. Section 249
Power to give notice to the Registrar once a tribunal’s direction or order Section 257
has been complied with.
Power to give an applicant the planning and development certificate Section 265
applied for.
Power to note the registration of premises on Council’s planning scheme. Section 267(13)
Power, as an owner of premises in an affected area, before entering into Section 270
a lease of the premises with a person, to give a notice that states :-
(a) the premises are in an affected area; and
(b) that restrictions may apply to the person in taking proceedings
about emissions from registered premises in the affected area.
Power to serve a document and give a copy of the document as permitted Section 275B
by section 275B.
Page 52 of 67
Section 53
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to make an amendment of a type specified in subsection (1) by Section 293(5)
following the process set out in the rules. For avoidance of doubt, the
power delegated includes the power to take all actions as detailed in the
rules.
This delegation does not include any powers that are required to be exercised
by Council pursuant to a resolution of Council.
2. To exercise the Council’s powers pursuant to the Planning Regulation 2017.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to extend the period mentioned in subparagraph (a). Section 12(b)
Power to publish certain material listed in subsection 1 on Council’s Section 68E(1)
website after adoption of economic support instrument.
Power to give a copy of the economic support instrument and adoption Section 68E(3)(b)
notice to the chief executive.
Power to publish notice of revocation of an economic support Section 68G(2)
instrument.
Power to give copy of notice of revocation of economic support Section 68G(6)
instrument to the chief executive
Power, where the request complies with the criteria stated in section 2, Schedule 18, Section 3(1)
to approve the request.
Power to give notice of the approval to the person making the request. Schedule 18, Section 3(2)
Power to keep the documents listed in subsection (1) available for Schedule 22, Section 1
inspection and purchase.
Power to keep the documents listed in subsection (1) available for Schedule 22, Section 2
inspection only.
Power to publish the documents listed in subsections (1) and (4) on Schedule 22, Section 3
Council’s website.
Power, in the circumstances prescribed in Schedule 22, Section 3A, to Schedule 22, Section 3A
publish the documents listed in subsections (2), (4) and (5) on Council’s
website.
Power, in the circumstance prescribed in Schedule 22, Section 3B(1), to Schedule 22, Section 3B
keep available for inspection and purchase a document that includes
the trunk infrastructure information the local government publishes on its
website from time to time under section 3A(4) or (5).
Power, as an assessment manager, to keep the documents listed in Schedule 22, Section 5
subsections (1) and (2) available for inspection and purchase.
Power, as an assessment manager, to keep the documents listed in Schedule 22, Section 6
subsection (1) available for inspection only.
Page 53 of 67
Section 54
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an assessment manager, to publish the documents listed in Schedule 22, Section 7
subsections (1) and (4) on Council’s website.
Power, as a referral agency, to keep the documents listed in Schedule 22, Section 8
subsections (a) to (d) available for inspection and purchase.
Power, as a referral agency, to keep a register for all development Schedule 22, Section 9
applications and change applications given to the referral agency under
section 54 of the Act and to make it available for inspection only.
Power, as a referral agency, to publish the documents listed in Schedule 22, Section 10
subsections (a) to (d) on Council’s website.
3. To exercise the Council’s powers pursuant to the Development Assessment Rules.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an assessment manager, to determine if the application is a Section 1.2
properly made application.
Power, as an assessment manager, to give a confirmation notice. Section 2.3
Power, as an assessment manager, to give an action notice. Section 3.1
Power, as an assessment manager, to agree to a further period for the Section 3.2
applicant to comply with all actions in the action notice and give notice
to the assessment manager that it has complied.
Power, as an assessment manager, to give a confirmation notice if the Section 3.4
applicant has complied with the action notice.
Power, as an assessment manager, to accept the application as a Section 3.5
properly made application after giving an action notice.
Power, as an assessment manager, to agree on a further period for Section 3.6(b)
giving a confirmation notice.
Power, as an assessment manager, to agree to a further period for the Section 5.1
applicant to give a copy of the application to a referral agency.
Power, as a referral agency, to determine if the application is a properly Section 6.2
referred application.
Power, as a referral agency, to give a referral confirmation notice. Section 7.1
Power, as a referral agency, to give the applicant an action notice Section 8.1(a)
Power, as a referral agency, to give a copy of the action notice to the Section 8.1(b)
assessment manager.
Page 54 of 67
Section 55
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a referral agency, to agree to a further period for the Section 8.2
applicant to comply with all the actions in the action notice.
Power, as a referral agency, where the applicant has complied with all Section 8.2(b)
the actions in the action notice, to give a referral confirmation notice to
the applicant and a copy to the assessment manager.
Power, as a referral agency, to give the assessment manager notice Section 8.3(b)
that the application is taken to have not been referred.
Power, as a referral agency, to agree to a further period for the referral Sections 9.2(a) and (b)
agency assessment period.
Power, as an assessing authority, to agree to receive further information Section 11.2
from the applicant during the development assessment process.
Power, as an assessing authority, to make an information request. Section 12.1
Power, as an assessment manager, to agree to a further period in which Section 12.2
to make the information request.
Power, as a referral agency, to agree to a further period in which to Section 12.4
make the information request.
Power, as an assessing authority, to give the applicant advice about an Section 12.5
information request or any other matter, including how the applicant
may change the application.
Power, as an assessing authority, to agree to a further period for the Section 13.1
applicant to respond to the information request.
Power, as an assessment manager acting under section 53(10) of the Sections 17.1, 17.3 and
Act to comply with the public notice requirements. 17.4
Power, as an assessment manager, to agree to a further period for the Section 18.1
applicant to give notice of compliance with the public notice
requirements.
Power, as an assessment manager, to accept properly made Section 19.1
submissions and not properly made submissions.
Power, as an assessment manager, to agree to a further period to Section 19.3
consider the submissions.
Power, as the assessment manager, to agree to a further period to Section 22.1(a)
assess and decide the application.
Power, as the assessment manager, to:- Section 25.1
(a) give a copy of the notice to each referral agency for the original
application and any other referral agency required to be given
referral; and
(b) advise each referral agency, with a copy to the applicant, of the
effect of the change on the development assessment process.
Page 55 of 67
Section 56
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the assessment manager, to determine whether the change:- Section 26.1
(a) only deals with a matter raised in a properly made submission
for the application; or
(b) is in response to an information request for the application; or
(c) is in response to further advice provided by an assessing
authority about the application.
Power, as the assessment manager, to give the applicant a confirmation Section 26.2(a)(i)
notice where part 4 applies to the changed application and part 4 did not
apply to the original application.
Power, as the assessment manager, to determine whether the change:- Section 26.2(b)
(a) would be likely to attract a submission objecting to the thing
comprising the change if public notification were to apply to the
change;
(b) only addresses a matter raised in a properly made submission.
Power, as the assessment manager, to give notice to the applicant that Section 26.2(c)
public notification is required under section 26.2(b) and that it must be
carried out in accordance with section 16.4.
Power, as a referral agency, despite section 11.1, to make an Section 26.5
information request as a result of a referral under section 26.
Power, as an assessing authority, despite section 11.1, to make an Section 27.2
information request about the change.
Power, as the assessment manager, to determine whether the change Section 27.3
would be likely to attract a submission objecting to the thing comprising
the change, if public notification were to apply to the change.
Power, as a concurrence agency, after the referral agency assessment Section 28.1
period and any further periods has ended, to change its referral agency
response or give a late referral agency response before the application
is decided.
Power, as a concurrence agency, to give notice of its intention to Section 28.4(a)
change its referral agency response to the assessment manager and
the applicant.
Power, as a concurrence agency, to agree to a further period for the Section 28.4(b)
giving of an amended referral agency response.
Power, as a party to the application, to give notice to each other party Section 29.2
that the applicant has not referred the application in accordance with
section 54(1) of the Act.
Power, as a referral agency, despite section 11.1, to make an Section 29.6
information request as a result of a referral under section 29.
Power, as a party who initiated an extension under the DA rules, to give Section 33.1
a copy of the agreement to any other party to the application.
Power, as an assessment manager or as a concurrence agency for the Section 34.1
application, to ask any third party for third party advice.
Page 56 of 67
Section 57
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an assessment manager or as a concurrence agency for the Sections 35.1 and 35.2
application, to give further advice about the application to the applicant,
including how the applicant may change the application.
Power, as an assessment manager, to give a notice to the applicant Section 38.2
extending the decision period until a day no later than 10 days after the
end of the caretaker period.
Conditions of the Delegation:
1. The Delegated Officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any delegated
power in accordance with the scope and limitations of the subject officer’s letter of appointment
and/or, position description, qualifications, technical knowledge and legislative requirements.
3. The Delegated Officer may exercise the powers of the Council under the Planning Act 20016 for
an application other than the following:
a) an application for a variation request mentioned in section 61 of the
Planning Act 2016 to vary the effect of the planning scheme;
b) the approval of an application where there is substantial non-compliance with a stated
policy of the Council or a high order provision of the Planning Scheme being a desired
environmental outcome, or an overall outcome of a code;
c) the refusal of any application where Council is the assessment manager;
d) requests for change representations, and change applications to change or delete
conditions that were imposed by Council at an Ordinary Meeting or a Special Meeting;
e) and an application for a proposed development of significant community interest.
However, the delegated officer may exercise the powers of the local government under the
Planning Act 2016 for an application where the application has the potential for 'deemed approval'
in accordance with section 64 of the Act.
A councillor may request an application to be determined at a Council meeting. The request shall be
made to Chief Executive Officer, with the request to be made before the decision stage commences.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 57 of 67
Section 58
DELEGATION OF AUTHORITY
TITLE: WORK HEALTH AND SAFETY
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Work Health and Safety Act 2011
Work Health and Safety Regulation 2011
Delegated Power:
1. To exercise the powers of Council pursuant to the Work Health and Safety Act 2011.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to notify the regulator after becoming aware a notifiable incident Section 38
has occurred
Power to consult with workers who are, or are likely to be, directly Section 47
affected by a matter relating to work health or safety
Power to facilitate the conduct of an election for 1 or more health and Sections 51 to 54
safety representatives to represent workers
Power to make an application to the commission to disqualify a health Section 65
and safety representative.
Power to comply with the general obligations of a person conducting a Section 70
business or undertaking provided in section 70.
Power to refuse on reasonable grounds to grant access to the workplace Section 71(5)
to a person assisting a health and safety representative for a workgroup.
Power, as person conducting a business or undertaking, to refuse to Section 71(7)
grant access to information mentioned in section 70(1)(c) if the
information is confidential commercial information.
Power to ask the regulator to appoint an inspector to decide the matter. Section 72(5)
Power as a person conducting a business or undertaking to comply with Section 74
subsections (a) to (c).
Power to establish a health and safety committee. Sections 75 to 78
Power, as a party to an issue, to resolve the issue in accordance with an Section 80 and 81
agreed procedure or the default procedure.
Power to ask the regulator to appoint an inspector to assist in resolving Section 82(2)
the issue.
Power to direct the worker to carry out suitable alternative work at the Section 87
same or another workplace.
Page 58 of 67
Section 59
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to ask the regulator to appoint an inspector to attend the workplace Section 89
to assist in resolving an issue arising from a cessation of work.
Power to give a copy of the provisional improvement notice to the Section 97A
regulator.
Power to give the industrial registrar written notice of the dispute. Section 102B
Power to appeal a decision of the Commission given under Part 5, Section 102G
Division 7A.
Power, as a person conducting a business or undertaking, to appoint a Section 103A
work health and safety officer for that business or undertaking.
Power, as a person conducting a business or undertaking, to instruct a Section 103F
work health and safety officer to take reasonable action to eliminate or
minimise risks to health and safety.
Power to apply to the Magistrates Court for an order under section 112 Section 112
about engaging in or inducing discriminatory or coercive conduct.
Power to apply to the Commission to revoke a WHS entry permit. Section 138
Power to appeal a decision of the commission. Section 140
Power to ask the regulator to appoint an inspector to attend the Section 141
workplace to assist in resolving the dispute.
Power, as receiver of a direction from the inspector under section Section 141A
131A(2) to comply with it.
Power to apply to the Commission for it to deal with the dispute. Section 142(4)
Power to appeal a decision of the Commission. Section 142A
Power to apply to the regulator for the return of a seized thing. Section 180
Power to demand that the regulator allow the CEO to inspect a seized Section 181
thing and if the seized thing is a document to make copies of it.
Power to claim compensation from the State. Section 184
Power to make a written undertaking (a WHS undertaking) in Section 216
connection with a matter relating to a contravention or alleged
contravention of the Work Health and Safety Act.
Power, as a person who has made a WHS undertaking, to at any time, Section 221
with the agreement of the regulator, withdraw the undertaking or vary
the undertaking.
Power, as an eligible person in relation to a reviewable decision to Section 224
apply to the regulator for an internal review of the decision.
Power, as an eligible person to apply to the external review body for Section 229 to 229E
review of a reviewable decision made by the regulator or a decision
made, or taken to have been made, on an internal review.
Power to appeal a decision of the commission. Section 229F
Power to, in the circumstances provided in subsections (1) or (1A), Sections 231(1) and
make a written request to the WHS prosecutor that a prosecution be (1A)
brought.
Page 59 of 67
Section 60
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to, in the circumstances provided in subsection (3), request the Section 231(3)
WHS prosecutor to refer the matter to the director of public
prosecutions.
2. To exercise the powers of Council pursuant to the Work Health and Safety Regulation 2011
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power, as an approved RTO, to grant a person a certificate of authority. Section 31B
Power, as a person conducting a business or undertaking at a workplace, Section 43
to prepare, maintain and implement an emergency plan.
Power, as a person conducting a business or undertaking at a workplace, Section 85(4)
to maintain a written record of the evidence provided under subsections
(1), (2) and (3).
Power to apply to the regulator for a licence to carry out demolition work. Section 144B
Power to make a submission to the regulator in relation to a proposed Section 144I
refusal
Power, as a holder of a licence to carry out demolition work, to make a Section 144P
submission to the regulator in relation to a proposed amendment to a
licence.
Power, as a holder of a licence to carry out demolition work to apply to Section 144Q(1)
the regulator to amend the licence.
Power after receiving a written notice of intention to refuse an Section 144Q(2)
application to amend the licence from the regulator, to make a
submission to the regulator in relation to the proposed refusal.
Power to apply to the regulator for a replacement document. Section 144U
Power, as a holder of a licence to carry out demolition work to voluntarily Section 144V
surrender the licence document to the regulator.
Power, as a holder of a licence to carry out demolition work, to apply to Sections 144VA,
the regulator for renewal of the licence. 144VB
Power, as a holder of a licence to carry out demolition work to make a Section 144Y
submission to the regulator in relation to the proposed suspension,
cancellation and/or disqualification.
Power, as a person with management or control of an item of plant stated Section 265
in schedule 5, part 2, to apply to the regulator for the registration of that
item of plant.
Power to respond to a notice from the regulator on a proposal to refuse Section 270(1)(b)
registration of an item of plant stated in schedule 5, part 2.
Power to respond to a notice from the regulator on a proposal to cancel Section 288C
the registration of an item of plant stated in schedule 5, part 2.
Power to return the registration document for an item of plant stated in Section 288D
schedule 5, part 2 to the regulator.
Page 60 of 67
Section 61
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power, as a person conducting a business or undertaking, to obtain the Section 344
current safety data sheet for a hazardous chemical used at a workplace
Power, as a person conducting a business or undertaking, to prepare Section 346
and maintain a register of hazardous chemical used at a workplace
Power to apply in writing to the regulator for authorisation to use, handle Section 383
or store a prohibited carcinogen or restricted carcinogen
Power to ensure that all asbestos or asbestos contaminated material at Section 422(1)
a workplace is identified by a competent person.
Power to ensure that the presence and location of all asbestos or Section 424
asbestos contaminated material at a workplace is clearly indicated and if
practicable labelled.
Power to prepare, maintain and review an asbestos register for each Sections 425(1) and
workplace. 426
Power to prepare, maintain and review an asbestos management plan Sections 429 and 430
for each workplace.
Power, as an eligible person in relation to a reviewable decision set out Section 678(1)
in section 676 of the Work Health and Safety Regulation, to apply to the
regulator for an internal review of a decision.
Power, as an eligible person in relation to a reviewable decision under Section 678(2)
section 89(5), 118(5), 256(5), 269(5) or 497(5) of the Work Health and
Safety Regulation to apply to the regulator for an internal review of the
decision.
Power, as an eligible person to apply to QCAT for an external review of Section 683
reviewable decision made by the regulator or of a decision made, or
taken to have been made, on an internal review.
Power to apply for an exemption from compliance with any provision of Section 684
the Work Health and Safety Regulation.
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with Council resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter of
appointment and/or, position description, qualifications, technical knowledge and legislative
requirements.
3. 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 61 of 67
Section 62
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 62 of 67
Section 63
DELEGATION OF AUTHORITY
TITLE: WORKERS COMPENSATION AND REHABILITATION
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Workers’ Compensation and Rehabilitation Act 2003
Workers’ Compensation and Rehabilitation Regulation 2014
Delegated Power:
1. To exercise the powers of Council pursuant to the Workers’ Compensation and
Rehabilitation Act 2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an employer, to insure and keep insured all Council’s employees and Section 48
Councillors.
Power, as an employer, to pay a premium notice issued by WorkCover. Section 54(7)
Power, as an employer, to pay a reassessment premium notice issued by Section 56(5)
WorkCover.
Power, as an employer, to apply to WorkCover for a waiver or reduction of a Section 57(3)
penalty for contravening section 48.
Power, as an employer, to object to a default assessment issued by WorkCover. Section 58(6)
Power, as an employer, to pay a default assessment notice issued by Section 58(10)
WorkCover.
Power, as an employer, to apply to WorkCover for a waiver or reduction of an Section 64(2)
additional premium.
Power, as an employer who is not a self-insurer, and who is or is required to Section 66(2)
have accident insurance, to pay the weekly payment of compensation payable
to an injured worker during the excess period.
Power, as an employer, to apply to WorkCover for a waiver or reduction of a Section 66(7)
penalty provided in section 66(6).
Power, as a local government self-insurer, to cover councillors under the self- Section 68A(1)
insurer’s licence.
Power, as a local government self-insurer, to notify the councillors and the Section 68A(3)
Regulator of its decision to cover councillors under the self-insurer’s licence.
Power to apply to the Regulator to be licensed as a self-insurer, as described in Sections 69
Chapter 2, Part 4. and 70
Page 63 of 67
Section 64
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a prospective self-insurer, to make a submission to the Regulator Section 77(3)
about a decision to refuse an application to be licensed as a self-insurer.
Power, as self-insurer, to apply to renew a self-insurer licence or to notify the Section 79
Regulator that Council intends not to apply for renewal.
Power, as self-insurer, to make a submission to the Regulator about a decision Section 80(3)
to refuse an application to renew a self-insurer licence.
Power, as a self-insurer, to pay the annual levy to the Regulator. Section 81
Power, as a self-insurer, to comply with the conditions imposed on the licence Section 83
under the Regulation and by the Regulator.
Power, as a self-insurer, to lodge security with the Regulator before the issue or Section 84
renewal of a self-insurer licence.
Power, as a self-insurer, to obtain a contract of reinsurance of liabilities and Section 86
lodge the contract with the Regulator.
Power, as a self-insurer, to exercise all of the powers identified in section 92 in Section 92
relation to the self-insurer’s workers.
Power, as a local government self-insurer, to exercise all of the powers identified Section 92A
in section 92A in relation to councillors covered by the self-insurer’s licence.
Power, as a local government self-insurer, to keep the documents identified in Sections 93
sections 93 and 93A. and 93A
Power, as a self-insurer, to comply with a notice to give documents issued by Section 94
the Regulator under this section.
Power, as a self-insurer, to respond to a written notice issued by the Regulator Section 96
under this section.
Power, as a self-insurer, to send a written notice to the Regulator seeking to Section 97
cancel a self-insurer licence.
Power, as former self-insurer, to request the Regulator to allow Council to Section 100(2)
continue to exercise the powers referred to in sections 92 and/or 92A.
Power, as a former self-insurer, to request the return of the balance of the section Section 103
84 security from the Regulator.
Power, as an employer, to ask the Regulator to approve the amount provided Section
for in the industrial instrument for the purposes of section 107B of the Workers’ 107E(2)
Compensation and Rehabilitation Act 2003.
Power, as an employer, to appeal the Regulator’s decision to refuse to approve Section
the amount provided for in the industrial instrument under Chapter 13 of the 107E(6)
Workers’ Compensation and Rehabilitation Act 2003.
Power, as a self-insurer, to pay compensation for an injury sustained by a Section 109(1)
worker.
Power, as an employer, to pay a worker an amount, either in compensation or Section 109(5)
instead of compensation, in the circumstances provided for in subsection 109(5).
Power, as an employer, to apply to WorkCover for a waiver or reduction of a Section
penalty provided in section 109A. 109A(4)
Page 64 of 67
Section 65
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an employer, whose worker sustains an injury for which compensation Section 133
may be payable, to complete a report in the approved form and give the report
to the insurer.
Power, as an employer to give the insurer written notice in the approved form if:- Section 133A
(a) a worker asks the employer for compensation for an injury sustained by
the worker; or
(b) the employer pays the worker an amount, either in compensation or
instead of compensation, that is payable by the employer as a self-
insurer or WorkCover under the Act for an injury sustained by the worker.
Power, as an employer, to pay compensation to an injured worker for the day Section 144
the worker stops work because of the injury.
Power, as an employer, to pay the amount of the first charge or the whole of the Section
damages to the insurer. 207B(4)
Power, as an employer, to appoint a Rehabilitation and Return to Work Section 226(1)
Coordinator where the employer meets the criteria prescribed under a
regulation.
Power, as an employer, to give the insurer the prescribed details of a person Sections
appointed as a Rehabilitation and Return to Work Coordinator and details of any 226(4) and
change to the prescribed details. 226(5)
Power, as an employer, to prepare and have in place a workplace rehabilitation Section 227
policy and procedure, and review those policies and procedures every 3 years.
Power, as an employer, to assist or provide an injured worker with rehabilitation. Section 228(1)
and 228(2)
Power, as an employer, to cooperate with an insurer to enable the insurer to Section 228(3)
meet its obligations under section 220.
Power, as an employer, to give the insurer written evidence that it is not Section 228(4)
practicable to provide a worker with suitable duties.
Power, as an employer other than a self-insurer, to apply to WorkCover for a Section 229(4)
waiver or reduction of a penalty provided in section 229.
Power, as an employer against whom negligence is alleged, to cooperate fully Section 280
with and give WorkCover all information and access to documents in relation to
the claim.
Power, as a self-insurer against whom a proceeding for damages has been Section 300(6)
brought, to conduct the proceedings and/or settle the claim.
Power, as an employer, other than a self-insurer, against whom a proceeding Section 300(7)
for damages has been brought, to execute all documents and do everything that
WorkCover considers reasonably necessary to allow the proceedings to be
conducted by it.
Power to comply with the requirement of an authorised person to give Section 532C
information or produce documents required under section 532C.
Power, as an employer or contractor, to keep the documents about workers, and Section 532D
contracts for the performance of work, prescribed under a regulation.
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Section 66
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an employer who is not a self-insurer, to give WorkCover information Section 536(3)
the employer has in relation to a person defrauding, or attempting to defraud,
WorkCover, or in relation to a person stating anything, or giving a document
containing information, to WorkCover or a registered person that the person
knows is false or misleading in a material particular.
Power, as an employer who is a self-insurer, to give the Regulator information Section 536(4)
the employer has in relation to a person defrauding, or attempting to defraud,
the self-insurer, or in relation to a person stating anything, or giving a document
containing information, to the self-insurer or a registered person that the person
knows is false or misleading in a material particular.
Power to apply for a review of a decision identified in section 540(1) of the Section 541
Workers’ Compensation and Rehabilitation Act 2003 and to take all steps
necessary to conduct the application and to appear at the hearing.
Power to appeal to an appeal body against the following decisions of the Section 549,
Regulator or the insurer: 550, 552A and
(a) a review decision, other than a decision to return a matter to a decision- 554
maker under section 545 of the Workers’ Compensation and Rehabilitation
Act 2003; and
(b) a decision under Chapter 3 or Chapter 4 of the Workers’ Compensation and
Rehabilitation Act 2003 that is not a decision mentioned in section 540(1)
(a non-reviewable decision),and to take all steps necessary to file and serve
the notice of appeal and conduct the appeal, to appear at any conference
in the proceeding and to appear at the hearing.
Power to seek the consent of the other party or the leave of the appeal body for Section 552B
Council to be represented by a lawyer at a conference under section 552A or at
the hearing of an appeal.
Power to appeal against a decision of the Regulator identified in section 567 of Section 568
the Workers’ Compensation and Rehabilitation Act 2003 and to take all steps
necessary to file and serve the notice of appeal and conduct the appeal, to
appear at any conference in the proceeding and to appear at the hearing.
Power, as a prospective employer, to request in writing that a prospective worker Section 571B
disclose to Council the worker’s pre-existing injury or medical condition, if any.
Power, as a principal contractor for a construction project to, by written notice, Section 576C
to ask the relevant contractor for a copy of a required document.
2. To exercise the powers of council pursuant to the Workers’ Compensation and
Rehabilitation Regulation 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an employer other that a self-insurer, to submit to WorkCover a Section 8(2)
declaration of wages.
Power, as an employer other that a self-insurer, to enter a payment plan with Section
WorkCover. 10(2)(d)
Power, as a former employer, to give written notice to WorkCover. Section 13(3)
Page 66 of 67
Section 67
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a self-insurer, to appoint an actuary to calculate an amount of Section 26
outstanding liability for section 87 of the Act.
Power, as an employer, to agree with WorkCover on a calculation of an Section 31
outstanding liability for section 87 of the Act, based on a joint summary report
prepared by actuaries under section 30 of the Workers’ Compensation and
Rehabilitation Regulation 2003.
Power, as an employer, to advise the Regulator that WorkCover and the Section 32
employer do not agree on the outstanding liability amount.
Power, as a former self-insurer, to appoint an actuary to calculate an amount of Section 46
liability for section 102 of the Act.
Power, as a former self-insurer, to give the information, in the approved form, Section 47
necessary to enable the actuaries to complete the calculation.
Power, as a former self-insurer, to agree with WorkCover on the amount of the Section 51
calculation for section 102 of the Act.
Power, as a former self-insurer, to advise the Regulator that WorkCover and the Section 52
former self-insurer do not agree on the self-insurer’s liability amount.
Power, as a self-insurer, to give the Regulator and the approved actuary, in the Section 56
form approved by the Regulator, the self-insurer’s data.
Power, as a self-insurer, to agree with the Regulator about the self-insurer’s Section 62
estimated claims liability.
Power, as an employer of employees to appoint 1 rehabilitation and return to Section 115(3)
work coordinator for more than one workplace.
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. 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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 67 of 67