2022-02-08 - S&O Agenda - Item 1 - ATTACHMENT 2 - 2021 DELEGATIONS OF AUTHORITY ANNUAL REVIEW REPORT UPDATED

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.


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