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

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)


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