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

 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.
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