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 enforcement authority, to:-                                     Section 180(13)
   (a) take the action required under the enforcement order; and
   (b) recover the reasonable cost of taking the action as a debt to the
       authority from the respondent.
Power to apply to the P&E Court to cancel or change an enforcement           Section 181(4)
order or interim enforcement order.
Power, as an enforcement authority in an offence proceeding, to apply        Section 214
for a disposal order.
Power to make a claim for compensation from the State where Council          Section 221
incurs loss because of the exercise, or purported exercise, of a power by
or for an inspector.
Power as an appellant to start an appeal.                                    Sections 229(2) and 230
Power as a respondent or co-respondent to be heard in an appeal.             Section 229(4)
Power, where an appeal is only about a referral agency’s response, to Section 229(5)
apply to the tribunal or P&E Court to withdraw from the appeal.
Power to elect to be a co-respondent in an appeal.                           Section 230(6)
Power to start proceedings for a declaration by a tribunal. For avoidance Sections 239(1), 240 and
of doubt, the power delegated includes the power to take all actions 241,
detailed in sections 239(1), 240 and 241.
Power to give the registrar information that the registrar reasonably        Section 246(2)
requires for the proceedings.
Power to appear as a party to a tribunal proceeding.                         Section 248
Power to make submissions to the tribunal.                                   Section 249
Power to give notice to the Registrar once a tribunal’s direction or order   Section 257
has been complied with.
Power to give an applicant the planning and development certificate          Section 265
applied for.
Power to note the registration of premises on Council’s planning scheme.     Section 267(13)
Power, as an owner of premises in an affected area, before entering into Section 270
a lease of the premises with a person, to give a notice that states :-
    (a) the premises are in an affected area; and
    (b) that restrictions may apply to the person in taking proceedings
        about emissions from registered premises in the affected area.
Power to serve a document and give a copy of the document as permitted       Section 275B
by section 275B.




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