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 follow the process for the making or amending of a TLPI as set         Sections 23 and 26
out in the Minister’s rules. For avoidance of doubt, the power delegated
includes the power to take all actions as detailed in sections 23 and 26
and as required in the Minister’s rules.

This delegation does not include any powers that are required to be exercised
by Council pursuant to a resolution of Council.
Power to follow the process for repealing a TLPI or planning scheme             Section 24
policy. For avoidance of doubt, the power delegated includes the power
to take all actions as detailed in section 24.

This delegation does not include the power to decide to repeal the TLPI or
planning scheme policy which is required to be exercised by Council pursuant
to a resolution of Council (see subsection (1)).
Power to review a planning scheme and a LGIP and follow the process             Sections 25 and 26
for the review as set out in the Minister’s rules. For avoidance of doubt,
the power delegated includes the power to take all actions as detailed in
sections 25 and 26 and as required in the Minister’s rules.

This delegation does not include any powers that are required to be exercised
by Council pursuant to a resolution of Council.
Power to decide whether or not to agree to a superseded planning                Section 29
scheme request and give notice of the decision.
Power to decide a compensation claim. For avoidance of doubt, the               Sections 32 and 33
power delegated includes the power to take all actions and consider all
matters detailed in sections 32 and 33.
Power to make or amend a designation and follow the process in the              Sections 35, 36, 37 and
designation process rules. For avoidance of doubt, the power                    38
delegated includes the power to take all actions and consider all matters
detailed in sections 35, 36, 37, 38 and the designation process rules.

This delegation does not include any powers that are required to be exercised
by Council pursuant to a resolution of Council.
Power, as an affected party, to make submissions about the proposal to          Section 37(4)
the Minister.
Power to extend the duration of a designation. For avoidance of doubt,          Section 39
the power delegated includes the power to take all actions as detailed in
section 39.
Power to repeal a designation made by Council. For avoidance of                 Sections 40 and 41
doubt, the power delegated includes the power to take all actions and
consider all matters as detailed in sections 40 and 41.
Power, as an owner of an interest in designated premises, to request a          Section 41(1)
designator to repeal a designation made by the designator on the basis
that the designation is causing the owner hardship.


                                                                                        Page 48 of 67