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 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.


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