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 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).




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