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2017-12-12 S&O Agenda - Attachment 2 to Item 7 - Reviewed Delegations of Authority
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Services & Organisation Committee
12 December 2017
Item 7 - ATTACHMENT 2
DELEGATION OF AUTHORITY
TITLE: ASBESTOS COMPLAINTS
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009
Public Health Act 2005 S14
Delegated Power:
1. The Authority to:
DESCRIPTION OF POWER DELEGATED
Sign and refer relevant asbestos complaints to Queensland Health for investigation.
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter of
appointment and/or, position description, qualifications, technical knowledge and legislative
requirements.
3. Ensure all relevant complaints referred to Queensland Health are in writing and signed by the
delegated officer.
4. Maintain a record of all instances where this delegation has been exercised.
5. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
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Section 2
ATTACHMENT 2
DELEGATION OF AUTHORITY
TITLE: BIOSECURITY ACT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 Section 257
Biosecurity Act 2014
Delegated Power:
1. To exercise powers of the Council pursuant to the Biosecurity Act 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, in a circumstance listed in subsection (1), to advise an inspector of the Section 36(2)
presence of the biosecurity matter.
Power, in a circumstance listed in subsection (1), to advise an appropriate authorised Section 42(2)
officer of the presence of the biosecurity matter that is a relevant restricted matter.
Power to carry out the main function of a local government under the Act. Section 48
Power to consult with the Minister. Section 50(3)
Power to comply with a notice issued by the Minister pursuant to subsection (4). Section 50(5)
Power to agree with the chief executive that Council cannot achieve substantial Section 51(2)
compliance with the notice.
Power to comply with a request from the Minister for a written report made pursuant Section 52(2)
to subsection (1).
Power to prepare and approve a biosecurity plan for invasive biosecurity matter for Section 53
Council’s area.
Power to keep a copy of the biosecurity plan available for inspection. Section 54
Power to consult with the chief executive about the suitability and priority of the Section 59
activities.
Power to pay the amount required by a notice issued by the Minister pursuant to this Section 60(5)
section.
Power, as a relevant entity, to consult with the chief executive about a proposed Section 105
making of a code of practice.
Power to make written submissions on a proposed guideline. Section 107
Power to apply to an inspector for a biosecurity emergency order permit. Section 121
Power to apply to an inspector for a biosecurity instrument permit. Section 132
Power as a registrable biosecurity entity to apply for registration. Sections 145 and
147
Power as a registrable biosecurity entity to apply for a registration exemption. Section 146
Power to make written submissions in response to a notice from the chief executive. Section 150(3)(b)
Power, in the circumstances, referred to in subsection (1) to apply for deregistration Section 152
as a biosecurity entity.
Power to comply with a requirement of the chief executive made under subsection (2) Section 156(2)
or (3).
Power as a registered biosecurity entity, owner or occupier to give the chief executive Section 160(2)
a restricted place notice.
Power to apply to the chief executive for the removal of the entry for a restricted place Section 164
from the biosecurity register.
Power to apply to the chief executive for the end of a declaration of a designated Section 164A
animal as a restricted animal.
Page 2 of 36
Section 3
ATTACHMENT 2
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to apply to the chief executive for the end of a declaration of a designated Section 164B
biosecurity matter as a restricted biosecurity matter.
Power to give the chief executive further information or a document about the Section 165
application.
Power as a registered biosecurity entity to give the chief executive a change notice. Section 170(2)
Power to apply to the chief executive for a travel approval for the movement of a Section 181
special designated animal.
Power, as a receiver of a special designated animal at a saleyard, to take the action Section 187
referred to in subsections (a) and (b).
Power, as a receiver of a special designated animal at a restricted agricultural show, Section 188
to take the action referred to in subsection (2).
Power, as a receiver of a special designated animal at a place, to take the action Section 190
referred to in subsection (2).
Power, in the circumstances referred to in subsection (1), as a receiver of a special Section 193(2)
designated animal to advise an inspector of the circumstances in subsection (1).
Power, to comply with all reasonable directions the inspector gives. Section 193(3)
Power, as a relevant person, to create a movement record for a designated animal Section 194(2)
and to give the record to the conveyor or drover of the animal.
Power, as a relevant person, to keep and produce a movement record for a Section 197
designated animal in accordance with the requirements of this section.
Power, as person who receives a copy of a movement record, to keep and produce Section 198(2)
the copy of the movement record for in accordance with the requirements of this and (7)
section.
Power, in the circumstances referred to in subsection (4) and as a person who Section 198(5)
accepts delivery of the animal at the end of the movement, to create, keep and and (7)
produce a record complying with subsection (6).
Power, as a person having responsibility for the organisation and operation of an Section 199
agricultural show, to keep a record in the appropriate form for the designated animal.
Power to apply for a prohibited matter permit or a restricted matter permit and to take Sections 214 and
all steps required to bring the application to finalisation and obtain a decision on the 215
application.
Power to apply for the renewal of a prohibited matter permit or a restricted matter Sections 225 and
permit and to take all steps required to bring the application to finalisation and obtain 226
a decision on the application.
Power to comply with a direction of the chief executive issued pursuant to subsection Section 229
(2).
Power to apply for the transfer of a prohibited matter permit or a restricted matter Section 230
permit.
Power to consult with an interested entity about a proposed biosecurity program. Section 235(3)(d)
Power to consult with the chief executive about a proposed biosecurity program. Section 239(1)
Power to consult with the chief executive and an invasive animal board before Section 239(2)
authorising a biosecurity program.
Power to give make copies of a biosecurity program authorisation available for Section 241
inspection and purchase at Council’s public office.
Power to apply to the court for an order against the person convicted of an offence Section 358
against the Act to pay the costs Council has incurred in taking a thing or doing
something else during the investigation of the offence.
Power, as a relevant body, to stay the original decision, fix conditions on the stay, fix Section 364
the period of a stay and revoke a stay.
Power, as the issuing authority, after receiving an internal review application to Section 365
conduct an internal review and make a decision.
Power, as the issuing authority, to give notice of an internal review decision. Section 366
Power, as the issuing authority, to make a new decision following the receipt of Section 372(1)
directions from the court.
Page 3 of 36
Section 4
ATTACHMENT 2
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the issuing authority, to give effect to a decision of the court to substitute Section 372(2)
the internal review decision with a new decision.
Power, as the issuing authority for a biosecurity order, to give notice of the amount of Section 380(2)
the debt.
Power to register a charge over the land for an unpaid amount and to release the Section 381
charge once the unpaid amount has been paid.
Power, as a third party, to appear at the hearing of an application for a cost recovery Section 383
order.
Power to enter into a government and industry agreement with the Minister or the Section 391
chief executive.
Power to enter into a compliance agreement with the chief executive. Section 393
Power to apply to the chief executive to enter into a compliance agreement with the Section 396
State.
Power to give the chief executive further information or a document required to decide Section 399(1)(b)
the application.
Power, as the other party to a compliance agreement, to make written Section 405
representations to the chief executive following receipt of a show cause notice.
Power, as the holder for a relevant authority, to apply to the chief executive to amend Sections 479 and
the conditions of the authority and to take all steps necessary to obtain a decision on 480
the application.
Power, as the holder for a relevant authority, to make written representations about Section 485
the show cause notice to the chief executive.
Power, as the holder for a relevant authority, to ask the chief executive to cancel the Section 490
authority.
Power, as the holder for a relevant authority, to comply with a notice requiring the Section 491(3)
return of the document evidencing the authority.
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers, the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
Page 4 of 36
Section 5
ATTACHMENT 2
DELEGATION OF AUTHORITY
TITLE: BODY CORORATE & COMMUNITY MANAGEMENT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 Section 257
Body Corporate and Community Management (Specified Two-lot Schemes Module) Regulation
2011
Delegated Power:
1. To exercise powers of the council pursuant to the Body Corporate and Community
Management (Specified Two-lot Schemes Module) Regulation 2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the relevant planning body, to issue a certificate certifying the Section 33(4)
transaction has been approved or noted as required under the relevant Planning
Act.
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers, the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
Page 5 of 36
Section 6
ATTACHMENT 2
DELEGATION OF AUTHORITY
TITLE: DISASTER MANAGEMENT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Disaster Management Act 2003
Delegated Power:
1. To exercise the powers of Council pursuant to the Disaster Management Act 2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to establish a Local Disaster Management Group for the local Section 29
government area.
Power to agree to unite with one or more other local government/s for the Section 31
purpose of establishing a local group.
Power to provide, at least once a year, written notice of the members of a Local Section 37
Disaster Management Group to the chief executive and the chairperson for the
disaster district in which the Local Disaster Management Group is situated.
Power to prepare a local disaster management plan for disaster management in Section 57(1)
the local government’s area.
Power to review, or renew, its local disaster management plan when local Section 59
government considers it appropriate.
Power to, on payment of the appropriate fee, give a person a copy of the local Section 60
disaster management plan.
Power to agree to unite with one or more other local governments for the Section 61
purpose of preparing a local disaster management plan.
2. To exercise the powers of Council pursuant to the Disaster Management Regulation 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to appoint a person to a district disaster management group for a disaster Section 5(1)
district.
Power to inform the chief executive of the department, and the chairperson of Section 5(6)
the district group, of an appointment under section 5(1).
Power to nominate a person to a temporary district disaster management group. Section 7(1)
Power to appoint a person as a member of a local disaster management group. Section 9(1)
Power to appoint a chairperson and deputy chairperson of a local disaster Section 10(1)
management group.
Page 6 of 36
Section 7
ATTACHMENT 2
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
Page 7 of 36
Section 8
ATTACHMENT 2
DELEGATION OF AUTHORITY
TITLE: ENVIRONMENTAL OFFSET
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 259
Environmental Offsets Act 2014
Environmental Offsets Regulation 2014
Delegated Power:
1. To exercise the powers of Council pursuant to the Environmental Offset Act 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to make an environmental offsets policy available for inspection. Section 12(3)
Power to consider a notice of election and any offset delivery plan. Section 19(1)
Power, as an administering agency, to keep a register of the matters listed in Section 90
subsection one, make the register available for inspection and give information
held on the register to the chief executive.
2. To exercise the powers of Council pursuant to the Environmental Offset Regulation 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an owner of land proposed to be included within a new area Section 11(3)(c)
covered by a later environmental offset agreement, to decide whether or not to
consent to the amended declaration of the environmental offset protection
area.
Power, as a decision maker, to decide an application for an area of land to be Section 14
identified as an advanced offset and to do all things authorised or required by
section 14 following the making of the decision.
Power, as a decision maker, to remove an advanced offset from the register Section 14(7)
kept under section 90 of the Act.
Power, as a decision maker, to decide an application to vary the boundary of Section 15
an area of land identified as an advanced offset and to do all things authorised
or required by section 15 following the making of the decision.
Power, as a relevant entity, to extend the time for applying for internal review. Section 18(2)
Power, as a relevant entity, to review a reviewable decision, make an internal Section 19
review decision and to do all things authorised or required by section 19
following the making of the decision.
Page 8 of 36
Section 9
ATTACHMENT 2
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
Page 9 of 36
Section 10
ATTACHMENT 2
DELEGATION OF AUTHORITY
TITLE: FOOD PREMISES
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Food Act 2006
Food Production Safety Act 2000
Delegated Power:
1. To exercise powers of the Council pursuant to the Food Act 2006.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce the following provisions of the : Section 23(1)
(a) section 39(1);
(b) chapters 3 and 4;
(c) chapter 6, other than section 159.
Power to administer and enforce sections 32, 33, 35 and 36 of the Food Act, in Section 24
conjunction with the State.
Power to agree with the chief executive that the State may do a thing that is a Section 25(1)(a)
matter of administration and enforcement for local government under section
23(1) of the .
Power to agree with the chief executive that Council may do a thing that is a Section 25(1)(b)
matter of administration and enforcement for the State under section 22(1) of
the .
Power to consult with the chief executive, and provide information required by Section 28
the chief executive, about the administration and enforcement of sections 24
and 25 of the .
Power to consider and grant, or refuse to grant, an application for a licence to Section 55
carry on a licensable food business.
Power to obtain and consider the written advice of an auditor about whether a Section 56(2)
food safety program complies with section 98.
Power to decide whether premises are suitable for carrying on a licensable food Section 58
business.
Power to make enquiries as to the suitability of the applicant to hold a licence, Section 59(1)(a)
and the suitability of the premises for carrying on a licensable food business.
Power to require the applicant to give Council further information or documents Section 59(1)(b)
that Council reasonably requires.
Power to extend the time needed to make a decision about the application. Section 62(2)
Power to agree with the applicant, at any time prior to the final consideration Section 62(3)
day, about the day upon which the application must be decided.
Page 10 of 36
Section 11
ATTACHMENT 2
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to issue a provisional licence, at any time prior to deciding an application Section 64
for a licence.
Power to decide the term of the licence. (Note: not more than 3 years). Section 67
Power to decide the term of the provisional licence. (Note: not more than 3 Section 68(1)
months).
Power to extend, and further extend, the term of a provisional licence (to a total Section 68(2)
period of not more than 3 months after the provisional licence was issued).
Power to impose reasonable conditions on the licence. Section 69(1)(e)
Power to consider and renew, or refuse to renew, the licence for an application Section 72(3)
made under section 72(1) of the Food Act.
Power to consider and restore, or refuse to restore, the licence, where Section 73(3)
application has been made under section 73(1) of the Food Act.
Power to consider and amend, or refuse to amend, a licence, where application Section 74(3)
has been made under section 74(1) of the Food Act.
Power to require the applicant to give Council further information or documents Section 75(1)
Council reasonably requires to decide the application (for an application that is
made under Chapter 3, Part 5, Division 2, Subdivision 1, i.e. sections 72(1),
73(1) and 74(1)).
Power to give an information notice where Council has failed to decide an Section 77(4)
application within 30 days of receipt under Chapter 3, Part 5, Division 2,
Subdivision 1, i.e. Sections 72(1), 73(1) and 74(1).
Power to give a show cause notice. Section 79(2)
Power to consider representations about a show cause notice. Section 80(2)
Power to end the show cause process after considering representations made Section 81
by the licensee.
Power to suspend a licence after considering representations (if any). Section 82(2)(a)
Power to cancel a licence after considering representations (if any). Section 82(2)(b)
Power to suspend a licence immediately. Section 83(1)
Power to give an information notice and show cause notice, as required, before Section 83(2)
suspending a licence pursuant to section 83(1).
Power, as the second local government, to take the same action as the first Section 90(1)
local government (except the power to cancel, suspend impose conditions or
other similar action in relation to the licence).
Power, as the second local government, to advise the first local government of Section 91(2)
the thing done or omitted to be done by a licensee of a mobile food business.
Power, as the first local government, to take action, in relation to a thing done or Section 92(2)
omitted to be done by the licensee in the second local government area.
Power to consider and grant, or refuse to grant, an application for a replacement Section 97
licence.
Power to consider an application and to accredit, or refuse to accredit, the food Section 103(1)
safety program.
Power to obtain and consider the written advice of an auditor about whether or Section 103(2)
not the food safety program complies with the criteria in section 104.
Page 11 of 36
Section 12
ATTACHMENT 2
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, before deciding the application, to require the applicant to give further Section 105(1)
information or documents reasonably required to decide the application.
Power to give an information notice to the applicant where the application is Section 107(4)
refused under section 107.
Power to decide that more time is needed to make a decision about the Section 108(1)
application.
Power to agree with the applicant, at any time prior to the final consideration Section 108(3)
day, about the day upon which the application must be decided.
Power, after accrediting an applicant’s food safety program, to decide how often Section 109(2)
the program must have compliance audits.
Power to determine changes to the frequency of compliance audits for a food Section 110
safety program accredited by Council.
Power to consider an application and approve, or refuse to approve, the Section 112(4)
amendment of an accredited food safety program.
Power, before deciding the application, to require the applicant to give further Section 113(1)
information or documents reasonably required to decide the application.
Power, by notice, to direct the holder of a Council accredited food safety Section 114
program to amend the program.
Power to give the holder of a food safety program a show cause notice, and to Section 118
decide the term of the show cause period.
Power to consider representations about a show cause notice. Section 119
Power, after considering written representations by the holder of the accredited Section 120
food safety program, to take no further action.
Power to cancel the accreditation of a food safety program. Section 121 (2)
Power to conduct a non-conformance audit of a food safety program. Section 160(2)
Power to approve an improvement notice where remedying the contravention Section 210(2)
would be likely to stop the food business from operating.
Power, as the ‘reviewer’, to review an original decision under Chapter 3 or Section 237
Chapter 4 of the Food Act.
Power, as reviewer, to, at any time, extend the time to apply for a review. Section 238(2)
Power, as reviewer, to, after reviewing the original decision, make a further Section 239
decision to:
(a) confirm the original decision; or
(b) amend the original decision; or
(c) substitute another decision for the original decision.
2. To exercise powers of the Council pursuant to the Food Production Safety Act 2000.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to approve the appointment of an employee of Council as an authorised Section 83
officer by Safe Food Production (QLD).
Page 12 of 36
Section 13
ATTACHMENT 2
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
Page 13 of 36
Section 14
ATTACHMENT 2
DELEGATION OF AUTHORITY
TITLE: INTEGRITY ACT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 259
Integrity Act 2009
Delegated Power:
To exercise the powers of Council pursuant to the Integrity Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as responsible person for a government representative, to delegate the Section 71(4)
obligation to give details under section 71(3) of the Integrity Act 2009 to the
integrity commissioner.
Power, as responsible person for a government representative, where a Section 72A(2)
lobbyist carries out a lobbying activity with the government representative, to
give the integrity commissioner information about the lobbyist or lobbying
activity, if the information may be relevant to the integrity commissioner’s
functions and powers under the Integrity Act 2009.
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
Page 14 of 36
Section 15
ATTACHMENT 2
DELEGATION OF AUTHORITY
TITLE: Land Valuations Act
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 259
Land Valuations Act 2010
Delegated Power:
To exercise the powers of Council pursuant to the Land Valuations Act 2010.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to consult with the valuer-general about a proposed decision not to Section 74
make an annual valuation of land.
Power to give the valuer-general valuation-related documents, information Section 244
about a sale or proposed sale of land for unpaid rates and information about all
land Council acquires or disposes of.
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
Page 15 of 36
Section 16
ATTACHMENT 2
DELEGATION OF AUTHORITY
TITLE: LIQUOR
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 259
Liquor Act 1992
Delegated Power:
1. To exercise powers of the Council pursuant to the Liquor Act 1992.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to make comments in regard to the grant of an adult entertainment Section 107D(2)
permit.
Power to raise a matter and make comment to the chief executive, where Section 110(4)(a)
Council is consulted in relation to an application for an extended hours permit.
Power to: Section 117(2)
(a) comment on the reasonable requirements of the public in the locality; or
(b) object;
in respect of the grant of a relevant application.
Power to make a submission about an application which requires a notice to Section 118A
be published under section 118 and a community impact statement to be given
under section 116.
Power to make comment in regard to the grant of an application generally. Section 121(1)(c)
Power to designate a “public place” as a “designated area”, for the purposes of Section 173C(1)
permitting the consumption of liquor, and power to set the period or times and (2)
during which the designation will have effect.
Power to advertise the designation made under section 173C (1), and power to Section 173D(1)
erect signs advising of the designation, the period and times of the and (3)
designation.
Power to repeal or amend the designation under section 173C, and power to Section 173E (1)
advertise the repeal or amendment; erect signs that the designation has been and (3)
amended; or remove signs if the designation has been repealed.
Power to display a notice regarding a designation at or near each entrance to Section 173M(1)
a place within a restricted area.
Power to: Section 173N (3)
(a) display a notice about the suspension of a restricted area designation on and (4)
each of the section 173M notices displayed for the restricted area whilst
the suspension is in force; and
(b) notify the Queensland Police Service about the suspension.
Page 16 of 36
Section 17
ATTACHMENT 2
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
Page 17 of 36
Section 18
ATTACHMENT 2
TITLE: LOCAL LAWS
Delegation by Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257 & 259
Noosa Shire Council Local Law No. 1 (Administration)2015
Noosa Shire Council Subordinate Local Law No. 1 (Administration)2015
Noosa Shire Council Local Law No. 2 (Animal Management) 2015
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015
Noosa Shire Council Local Law No. 3 (Community and Environmental Management) 2015
Noosa Shire Council Subordinate Local Law No. 3 (Community and Environmental Management)
2015
Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads)
2015
Noosa Shire Council Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities
and Roads) 2015
Noosa Shire Council Local Law No. 5 (Parking) 2015
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015
Noosa Shire Council Local Law No. 6 (Bathing Reserves) 2015
Noosa Shire Council Subordinate Local Law No. 6 (Bathing Reserves) 2015
Delegated Power:
1. To exercise the powers of local government under the Local Government’s Local Laws
including but not limited to the following:
(a) keep and maintain a register;
(b) approve a form, accept or obtain a certificate, renew, refuse, extend, transfer,
amend, suspend, restrict, request further reasonable information or clarification,
impose prescribed conditions, cancel, make null and void, apply and amend
conditions, waive requirements and grant an approval1;
(c) give a written, information, impounding, show cause or compliance notice;
(d) take a sample for analysis;
(e) offer a reward for information;
(f) recover the cost of an action from the responsible person;
(g) review an original decision;
(h) extend the time for making a review on an original decision;
(i) give a stop order;
(j) advise the community by signage from where animals are prohibited, or the
designation of dog off leash areas;
(k) declare or revoke an animal other than a dog to be a declared dangerous animal;
1
An approval means a consent, permit, authorisation, registration, membership, label or approval under a local
government act or a local law and includes all the conditions of a consent, permit, authorisation, registration,
membership or approval.
Page 18 of 36
Section 19
ATTACHMENT 2
(l) establish an animal pound2 or join with another local government or agency to
establish an animal pound;
(m) keep and make available for inspection a register of impounded animals;
(n) make a destruction order and destroy an animal;
(o) dispose of or offer an animal for sale by public auction or tender;
(p) erect, install and maintain a sign;
(q) give a relevant place a name;
(r) seize, impound and dispose of goods and animals;
(s) form an opinion for land adjoining a road to be fenced to prevent risk; and
(t) issue a parking permit.
(u) issue an infringement notice
2. To exercise the powers of local government under Noosa Shire Council Local Law No. 6
(Bathing Reserves) 2015 including the authority to appoint:
(a) an employee of the local government as an authorised person;
(b) other persons who are eligible for appointment as authorised persons under the
Local Government Act 2009;
(c) assign to a lifesaving club the responsibility for patrolling a bathing reserve.
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
2 Subject to the Planning Act 2016
Page 19 of 36
Section 20
ATTACHMENT 2
DELEGATION OF AUTHORITY
TITLE: Procurement & Contracting
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Sections 257, 259, 262
Local Government Regulation 2012 – Sections 225 to 228,230 to 235 and 238
Delegated Power:
1. To exercise the powers of the local government under the Local Government Act 2009 (the
Act) and the Local Government Regulation 2012 (the Regulation) including the authority to:
(a) undertake the following procurement and contracting activities:
(i) invite written quotes for medium-sized contractual arrangements;
(ii) invite written tenders for large-sized contractual arrangements;
(iii) invite expressions of interest (following Council resolution);
(iv) invite offers for the sale of valuable non-current assets (other than sale of land)
by written tender or auction; and
(b) make, enter into, amend or discharge contracts (established by the aforementioned
methods) for up to $1,000,000 (excluding GST) for the:
(i) procurement of goods and services (including contracts about carrying out of
works);
(ii) the disposal of valuable non-current assets (but not the sale of land);
(iii) the disposal of goods and assets (that are valuable non-current assets).
(c) make, enter into, amend or discharge contracts from the following properly established
medium-sized and large-sized contractual arrangements:
(i) quote or tender consideration plan;
(ii) approved contractor list;
(iii) register of pre-qualified suppliers;
(iv) preferred supplier arrangement;
(v) LGA arrangement;
(vi) an entity resolved by Council as a sole supplier;
(vii) an entity resolved by Council as providing specialised or confidential services;
(viii) when a genuine emergency exists;
(ix) the contract is for the goods and is made by auction;
Page 20 of 36
Section 21
ATTACHMENT 2
(x) the contract is for second-hand goods; or
(xi) the contract is made with, or under an arrangement with, a government agency.
(d) make, enter into, amend or discharge contracts for valuable non-current asset
exceptions, subject to legislative conditions and Council resolution:
(i) disposal of an interest by renewal to an existing tenant of the land;
(ii) disposal of an interest in land to a person who owns the adjoining land;
(iii) disposal of an interest in land by lease for a telecommunications tower;
(iv) disposal of a valuable non-current asset, other than land, by way of a trade-in for
the supply of goods and services; or
(v) following Ministerial exemption (Council resolution not required).
(e) authorise payments under a properly established contract;
(f) authorise the issue of purchase cards up to the approved limit; and
(g) authorise statutory payments and specific system payments.
Any Conditions of Delegation:
1. The Delegated Officer may make, amend or discharge a contract for Council if-
(a) Council’s expenditure for the contract has been provided for in the approved annual
budget for-
(i) the financial year when the contractual action is taken; or
(ii) the financial year in which the delegation is made, if the expenditure is within the
limits stated in the resolution making the delegation; or
(b) The contractual action has been taken because of genuine emergency or hardship.
2. The delegated officer may exercise the delegated powers on behalf of Council subject to:
(a) compliance with relevant legislation, policies, guidelines and procedures; and
(b) the accepted offer is the most advantageous to Council.
Page 21 of 36
Section 22
ATTACHMENT 2
DELEGATION OF AUTHORITY
TITLE: PUBLIC HEALTH
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 Section 257
Public Health Act 2005
Public Health Regulation 2005
Delegated Power:
1. To exercise powers of the Council pursuant to the Public Health Act 2005.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce the Act regarding local government public Section 13
health risks and a regulation made under section 61 stating that the regulation is
to be administered and enforced by local governments only.
Power, as an issuing authority, to apply to a magistrate for an order enforcing a Section 24(2)
public health order (an enforcement order).
Power, as an issuing authority, to enter a place to take steps to remove or Section 27(2)(b)
reduce the risk to public health from the public health risk or prevent the risk to
public health from recurring, if ordered by a magistrate.
Power, as an issuing authority, to recover the amount, plus interest, a person Section 31
has been ordered to pay under an enforcement order as an overdue rate
payable to Council under the Local Government Act 2009.
Power to lodge a request to register with the registrar of titles, in the appropriate Section 32
form over the land, an unpaid amount, including interest, that is payable to
Council under an enforcement order relating to a public health risk on land
owned by a person as a charge on the land.
Power to consult with the chief executive before the chief executive authorises a Section 36(5)
prevention and control program which relates to Council’s local government
area.
Power, as a water service provider3, to inform the authorised person that Section 57B
Council believes that it has complied with an improvement notice issued under
this division.
Power to enter into an agreement with the chief executive for the disclosure of Sections
confidential information. 84(1)(b)(i) and
(2)(a),
226(1)(b)(i) and
(2)(a),
244(1)(b)(i) and
(2)(a), and
269(1)(b)(i) and
(2)(a)
3 Excludes SE Qld Councils
Page 22 of 36
Section 23
ATTACHMENT 2
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an issuing authority, to enter the place, at reasonable times, to take Section 388(2)
the steps stated in a public health order where the person has failed to comply
the order.
Power, as an issuing authority, to give the occupier and owner of a place a Section 393(2)
notice required under the section, where an authorised person intends to enter
the place to take steps required under a public health order.
Power, as an issuing authority, to recover the amount payable, including Section 406
interest, of the reasonable costs and expenses incurred by Council in exercising
powers under section 388 or 405 as an overdue rate payable to Council under
the Local Government Act 2009.
Power, as an issuing authority, to lodge with the registrar of titles, in the Section 407
appropriate form over the land, a request to register an unpaid amount,
including interest, that is payable to Council for steps taken by it on land owned
by a person as a charge on the land.
Power, as an owner of a thing seized by an authorised person, to inspect the Section 415
thing and, it if is a document, to copy it.
Power to apply to the court for an order against a person convicted of an offence Section
against the Act for the payment of the costs Council has incurred in taking a 443(1)(b)
thing or doing something else during the investigation of the offence.
Power to deal with a thing forfeited as Council considers appropriate, including Section 446
destroying the thing.
Power, as an owner of a thing forfeited to a relevant entity under section 413(1), Section 450
to appeal against a decision resulting in the forfeiture of the thing.
Power to recover contribution from a prescribed person. Section 454B(3)
Public Health
Act 2005
Power to comply with the indemnity conditions in relation to each asbestos- Section 454C(2)
related event to which the official conduct relates. Public Health
Act 2005
Power to give notice of the proceeding to the State. Section
454CA(2)
Public Health
Act 2005
Power to ensure each authorised person who exercises powers under the Act in Section 454G
relation to an asbestos-related event has satisfactorily completed the training Public Health
prescribed by regulation. Act 2005
Power to keep the records prescribed in subsections 454I(1), (2) for each Section 454I
asbestos-related event. Public Health
Act 2005
2. To exercise powers of the Council pursuant to the Public Health Regulations 2005.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce Part 1A, Divisions 1, 2 and 3. Sections 2C,
2M, and 2T
Power to approve a site for the disposal of asbestos waste. Section 2I(2)(c)
Page 23 of 36
Section 24
ATTACHMENT 2
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
Page 24 of 36
Section 25
ATTACHMENT 2
DELEGATION OF AUTHORITY
TITLE: PUBLIC HEALTH (INFECTION CONTROL FOR PERSONAL
APPEARANCE SERVICES)
Delegation by the Council to:
Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Public Health (Infection Control for Personal Appearance Services) Act 2003
Delegated Power:
1. To exercise powers of the Council pursuant to the Public Health (Infection Control for Personal
Appearance Services) Act 2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce the Act for Council’s area. Section 9
Power to consider all applications for licences, and determine whether to grant or Section 33
refuse the application.
Power to grant an application for a licence only if Council is satisfied—the Section 34
applicant is a suitable person to hold a licence; and the premises at which the
higher risk personal appearance services are to be provided are suitable for
providing the services.
Power to have regard to the matters listed in this section in deciding whether a Section 35
person is a suitable person to hold a licence.
Power to have regard to all the matters listed in this section in deciding whether Section 36
the premises at which higher risk personal appearance services are to be
provided are suitable for providing the services.
Power to make inquiries before making a decision regarding sections 35 and 36 Section 37
and, by giving notice to the applicant, require the applicant to give Council, within
the reasonable time of at least 40 days stated in the notice, further information or
a document Council reasonably requires to decide the application.
Power to impose conditions on a licence. Sections 38(2)
and 41(1)(c)
Power to decide the earlier ending date of a licence. Section 40
Power to consider all applications for renewals of licences, and determine Section 44
whether to grant or refuse the application for renewal.
Power to give a notice to a licensee requiring the licensee to give Council, within Section 45
a reasonable period of at least 40 days stated in the notice, further information or
a document Council reasonably requires to decide a licence renewal application.
Power to consider all applications for amendments to licences, and determine Section 47
whether to grant or refuse the application to amend the licence.
Page 25 of 36
Section 26
ATTACHMENT 2
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give a notice to the licensee requiring the licensee to give Council, Section 48
within a reasonable period of at least 40 days stated in the notice, further
information or a document Council reasonably requires to decide an licence
amendment application.
Power to determine whether to grant or refuse the application to transfer the Section 49
licence by having regard to whether the transferee is a suitable person to hold a
licence and whether the premises are suitable for providing higher risk personal
appearance services.
Power to give a notice to the licensee requiring the licensee to give Council, Section 50
within a reasonable period of at least 40 days stated in the notice, further
information or a document Council reasonably requires to decide a licence
transfer application.
Power to, for forming a belief that the ground for suspending or cancelling a Section 51(2)
licence mentioned in subsection (1)(a) exists, have regard to the matters to which
Council may have regard in deciding whether a proposed licensee is a suitable
person to hold the licence
Power to issue a ‘show cause notice’. Section 52
Power to determine whether grounds continue to exist for the suspension or Sections 54 and
cancellation of a licence after issuing the licensee with a ‘show cause’ notice, and 55
if so, determine whether to suspend or cancel the licence.
Power to suspend a licence immediately if Council believes—a ground exists to Section 56
suspend or cancel the licence; and it is necessary to suspend the licence
immediately because there is an immediate and serious risk of infection to the
licensee’s clients.
Power to consider all applications for a replacement licence, and determine Section 62
whether to grant or refuse the application for the replacement licence.
Power to make an agreement with a licensee intending to provide higher risk Section 65(3)
personal appearance services from mobile premises to allow a lesser period for
notification to Council of the licensee’s intentions.
Power to, where Council is the second local government for a licence under the Section 68
Act, notify the first local government where it is reasonable to believe that a
mobile licensee or operator has contravened their licence.
Power to, where Council is the first local government and has been notified by a Section 69
second local government of their reasonable belief that a mobile license holder or
operator has breached their licence conditions, take action under the Act.
Power to appoint authorised persons. Section 70
Power to apply conditions to an authorised person’s powers under the Act by Section 72
giving the person a signed notice.
Power to monitor compliance with the Act by having authorised persons inspect Section 105
places of business in Council’s areas and recover monitoring costs from business
proprietors.
Power to charge a business proprietor an inspection fee to check if the remedial Section 110
notice given by an authorised person acting for Council to the proprietor has been
complied with.
Power to prosecute a business proprietor or operator for the contravention of a Section 111(7)
relevant provision for which a remedial notice has been issued without an
authorised person first issuing a remedial notice for the contravention.
Page 26 of 36
Section 27
ATTACHMENT 2
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to, at any time, extend the time for applying for a review of Council’s Section 121(2)
original decision relating to a licence application.
Power to, upon request, review an original decision and make a determination Part 7, Division
according to section 122 of the Act. 1
Power to, following the conviction of a person of an offence against this Act, apply Section 137
to the court for an order against the person for the payment of the costs Council
has incurred in taking a thing or doing something else during the investigation of
the offence.
Power to deal with a thing forfeited to Council, including destroying the thing. Section 140
Power to commence proceedings against a person who has committed an Section 143
offence against the Act.
Power to approve forms to be used in the administration and enforcement of the Section 147
Act.
Power to, with regard to an application for registration of premises made under Section 153
part 15 of the former regulation, assess the suitability of the application and the
premises under this Act, and make inquiries and require further information or a
document under section 37 of the Act.
Power to, with regard to an application for renewal of registration of premises Section 154
made under part 15 of the former regulation, assess the suitability of the applicant
and the premises under this Act, and make inquiries and require further
information or a document under section 45 of the Act.
Power to, with regard to an application for registration or renewal of registration of Section 155
2 or more premises to which sections 153(2) and 154(2) apply, issue a single
licence to cover all the premises.
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
Page 27 of 36
Section 28
ATTACHMENT 2
DELEGATION OF AUTHORITY
TITLE: PUBLIC INTEREST DISCLOSURES
Delegation by the Council to: Date:
Chief Executive
Source of Authority:
Local Government Act 2009 Section 257
Public Interest Disclosure Act 2010
Delegated Power:
To exercise the powers of Council pursuant to the Public Interest Disclosure Act 2010.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to: Section 30(1)
(a) decide not to investigate or deal with a public interest disclosure in certain and (2)
circumstances; and
(b) give written reasons for a decision not to investigate.
Power to refer a disclosure to another public sector entity in certain Section 31(1)
circumstances. and (2)
Power to give a person making a disclosure, or an entity referring a disclosure, Section 32(1)
reasonable information about the disclosure. and (2)
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
Page 28 of 36
Section 29
ATTACHMENT 2
DELEGATION OF AUTHORITY
TITLE: RIGHT TO INFORMATION
Part 1 - Delegation by the Council to: Date:
Chief Executive Officer
Part 2 - Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009– Section 257
Right to Information Act 2009
Delegated Power:
To exercise the powers of council pursuant to the Right to Information Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to disclose information under a publication scheme, without limiting another way Section 22
Council may disclose information.
Power to give access to a document created after the application is received but before Section 27(2)
notice is given under section 54.
Power to search for a document from a backup system if Council considers the search Section 29(2)
appropriate.
Power to appoint an appropriately qualified healthcare professional to make a Section 30(5)(b)
healthcare decision in relation to an access application.
Power to: Section 35
(1) ask the applicant for a further specified period to consider the application;
(2) make additional requests for further specified periods under subsection (1); and
(3) continue to consider the application and make a considered decision in relation to it
only if—
(a) Council has asked the applicant for a further specified period under subsection
(1); and
(b) the applicant has not refused the request; and
(c) Council has not received notice that the applicant has applied for review under
this Act.
Power to make an agreement with the applicant to extend the prescribed period. Section 36(7)
Power to give access to a document that contains information the disclosure of which Section 37 (1)
may reasonably be expected to be of concern to a government, agency or person (the
relevant third party) only if Council has taken steps that are reasonably practicable—
(a) to obtain the views of the relevant third party about whether—
(i) the document is a document to which this Act does not apply; or
(ii) the information is exempt information or contrary to public interest information;
and
(b) to inform the relevant third party that if access is given to the document because of
an access application, access may also be given to the document under a
disclosure log.
Page 29 of 36
Section 30
ATTACHMENT 2
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to decide that: Section 37(3)(b)
(a) a document to which section 37(1) applies is a document to which the Act does not
apply; or
(b) information in a document referred to in (a) is not exempt information or contrary to
public interest information
Power to transfer the application to another agency if— Section 38(2)
(a) the document to which the application relates is not in Council’s possession but is,
to Council’s knowledge, in the other agency’s possession; and
(b) the other agency consents to the transfer.
Power to deal with an access application even if this Act provides that the Council may Section 39(3)
refuse to deal with the application.
Power to refuse to deal with the access application without having identified any or all Section 40
of the documents if—
(a) an access application is expressed to relate to all documents, or to all documents
of a stated class, that contain information of a stated kind or relate to a stated
subject matter; and
(b) it appears to Council that all of the documents to which the application relates are
comprised of exempt information.
Power to refuse to deal with an access application or, if Council is considering 2 or Section 41(1)
more access applications by the applicant, all the applications, if Council considers the
work involved in dealing with the application or all the applications would, if carried out,
substantially and unreasonably divert the resources of the Council from their use by
Council in the performance of its functions, provided that the conditions set out in
section 42(1) have been complied with.
Power to make an agreement with an applicant to extend the prescribed consultation Section 42(6)(b)
period.
Power to refuse to deal with the later application to the extent it is for access to a Section 43(3)
document or documents sought under the first application if—
(a) when the later application was made, Council had not decided the first application;
or
(b) in relation to the first application, if made under this Act—
(i) the applicant had been given notice under section 54 that access was to be
given to the document sought or to some or all of the documents sought; or
(ii) Council had decided that the application was for a document to which this Act
does not apply; or
(iii) Council had decided the document or documents sought were documents
access to which was refused under section 47; or
(iv) Council had refused to deal with it under this part; or
(c) in relation to the first application, if made under the Information Privacy Act—
(i) the applicant had been given notice under section 68 of that Act that access
was to be given to the document sought or to some or all the documents
sought; or
(ii) Council had decided that the application was for a document to which chapter 3
of that Act does not apply; or
(iii) Council had decided t the document or documents sought were documents
access to which was refused under section 67 of that Act; or
(iv) Council had refused to deal with it under chapter 3, part 4 of that Act; or
(d) Council’s decision on the first application—
(i) is the subject of a review and the review is not complete; or
(ii) has been the subject of a completed review (other than an internal review).
Page 30 of 36
Section 31
ATTACHMENT 2
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to refuse access to a document of the Council. Section 47(3)
Power to decide whether disclosure of a document would, on balance, be contrary to Sections 48(1),
the public interest 49(1), 50(1),
and 51(1)
Power to give access to all or part of a document despite Council’s power under Section 48(3)
section 47(3)(a) to refuse access to all or part of the document.
Power to give access to all or part of a document despite Council’s power under Section 49(5)
section 47(3)(b) to refuse access to all or part of the document.
Power to give access to all or part of a document despite Council’s power under Section 50(4)
section 47(3)(c) to refuse access to all or part of the document.
Power to give access to all or part of a document despite Council’s power under Section 51(3)
section 47(3)(d) to refuse access to all or part of the document.
Power to satisfy itself in dealing an application for access to a document that is non- Section 52(1)
existent or un-locatable, that—
(a) the document does not exist; or
(b) the document has been or should be in Council’s possession, and all reasonable
steps have been taken to find the document but the document cannot be found.
Power to give a prescribed written notice, with regards to an access application for a Section 55 (2)
document containing prescribed information, that does not include details mentioned in and (3)
section 191(a) or (b), and in a schedule of relevant documents.
Power to waive a processing charge, or access charge, for an access application if Section 64(1)
Council considers that the likely associated costs to Council would be more than the
likely amount of the charge.
Power to give access to a document in one or more of the prescribed forms in Section 68(1)
section 68(1).
Power to refuse to give access to documents in a form requested by the applicant and Section 68(4)
give access in another form in the circumstances specified in section 68(4).
Power to give access to a document in another form agreed to by the applicant Section 68(8)
Power to allow an additional period during which a person may access a document. Section 69(2)
Power to defer giving access to a document for a reasonable period if the document Section 72(1)
was prepared—
(a) for presentation to the Assembly or a committee of the Assembly; or
(b) for release to the media; or
(c) solely for inclusion, in the same or an amended form, in a document to be prepared
for a purpose mentioned in paragraph (a) or (b);
and the document is yet to be presented or released, or included in a document to be
presented or released, as the case may be.
Power to delete irrelevant information from a copy of a document and give access to Section 73
the document by giving access to a copy of the document with the irrelevant
information deleted, only if Council considers the applicant would accept the copy and
it is reasonably practicable to give access to the copy.
Power, subject to section 55, to give access to a document containing exempt Section 74
information if it is practicable to give access to a copy of the document from which the
exempt information has been deleted and it appears to Council that the applicant would
wish to be given access to the copy.
Power, subject to section 55, to give access to a document containing contrary to Section 75
public interest information if it is practicable to give access to a copy of the document
from which the contrary to public interest information has been deleted and it appears
to Council that the applicant would wish to be given access to the copy.
Page 31 of 36
Section 32
ATTACHMENT 2
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to consider, despite Council refusing access to a document to the extent that it Section 76(2)
comprises personal information of the applicant, whether it is consistent with the
primary object of the Act to give the applicant or an intermediary a summary of the
personal information on conditions of use or disclosure agreed between Council and
the intermediary, or between Council, the intermediary and the applicant specified in
section 76(2).
Power to consult, or make an agreement, with the information giver or a person other Section 76(3)
than the applicant if a summary of information under section 76(2) includes information
given by the information giver or the other person.
Power, despite Council refusing access to the document under section 47(3)(d), to Section 77(2)
direct that access to a document is to be given instead to an appropriately qualified
healthcare professional nominated by the applicant and approved by Council.
Power to— Section 78A
(a) include a copy of a document, or details identifying the document and information
about how the document may be accessed, in a disclosure log if that document that
does not contain personal information of the applicant and is accessed by the
applicant within the access period; or
(b) include details identifying the document and information about how the document
may be accessed and any applicable charge if the applicant has failed to access
the document within the access period.
Power to apply to the information commissioner to participate in an external review if Section 89(2)
Council is affected by the decision the subject of the external review.
Power to apply to the information commissioner to allow Council further time to deal Section 93(1)
with the access application which has become the subject of an application for an
external review concerning a deemed decision in relation to an access application.
Power, as a participant in an external review, to apply to the information commissioner Section 111(2)
to correct an error in a written decision of the commissioner.
Power, as a participant in an external review, to make a request to the information Section 118 (1)
commissioner to refer a question of law arising on an external review to the
Queensland Civil and Administrative Tribunal.
Power, as a participant in an external review, to appeal to the appeal tribunal against a Section 119
decision of the information commissioner on the external review.
Power to make an application to the information commissioner to extend the 10 year Schedule 4, Part
period during which disclosure of certain information cannot be made. 4, section1(3)
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
Page 32 of 36
Section 33
ATTACHMENT 2
DELEGATION OF AUTHORITY
TITLE: STATUTORY BODIES FINANCIAL ARRANGEMENTS
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Statutory Bodies Financial Arrangements Act 1982
Delegated Power:
To exercise powers of the Council pursuant to the Statutory Bodies Financial Arrangements Act
1982.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a statutory body, to operate a deposit and withdrawal account with a Section 31(1)
financial institution.
Power, as a statutory body, to keep records that show Council has invested in Section 47(2)
the way most appropriate in all the circumstances
Power, as a statutory body, to sign documents for a financial arrangement Section 62 (1)
under the Act.
Power, as a statutory body, to keep a register of the Treasurer’s approvals Section 74
under Part 9, Division 3 of the Act for Council’s exercise of a power.
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
Page 33 of 36
Section 34
ATTACHMENT 2
DELEGATION OF AUTHORITY
TITLE: SURVEY AND MAPPING INFRASTRUCTURE
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Survey Mapping and Infrastructure Act 2003
Delegated Power:
1. To exercise the powers of the Council pursuant to the Survey Mapping and Infrastructure Act
2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an owner or occupier of land, to consent to a surveyor placing a Section 21(2)
permanent survey mark on the land.
Power, as a public authority that placed, or requested to be placed, a survey Section 34
mark, to give to the chief executive a copy of a survey plan or other information
necessary to establish a survey mark as a recognised permanent survey mark.
Power, where the survey mark is on a road under the control of Council, to Section 39
maintain the integrity of survey markers, and provide updated information to
the survey control register.
Power, as a public authority, where the survey mark is on land, other than Section 40
roads, controlled by Council, to maintain the integrity of survey markers, and
provide updated information to the survey control register.
Power, as a public authority, where a person interferes with a recognised Section 44
permanent survey mark, to take action reasonably necessary to reinstate the
physical and survey integrity of a recognised permanent survey marker.
Power, as a public authority, to provide the chief executive with information Section 49
about the boundaries of an administrative area.
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
Page 34 of 36
Section 35
ATTACHMENT 2
DELEGATION OF AUTHORITY
TITLE: TORUMS - TRANSPORT OPERATIONS (ROAD USE
MANAGEMENT)
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Transport Operations (Road Use Management) Act 1995
Delegated Power:
1. To exercise powers of the Council pursuant to the Transport Operations (Road Use
Management) Act 1995.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to install and remove official traffic signs on Council’s roads, off-street Section 69
regulated parking areas and, with the chief executive’s written consent, on
declared roads.
Power to install official traffic signs where reasonably satisfied that there is a Section 71
danger, hindrance, and obstruction to traffic or other emergency.
Power to take proceedings against a person who has committed an offence Section 74(2)
under section 74(1) of Transport Operations (Road Use Management) Act.
Power to remove unauthorised traffic signs. Section 75(1)
Power to commence proceedings against a person who has injured one of Section 76(1)
Council’s official traffic signs.
Power to remove and detain at a place for safe keeping any vehicles, trams and Section 100
animals and any goods, equipment or thing contained in, on or about the vehicle,
tram or animal, where the requirements of section 100(1) are satisfied.
Power to regulate parking in its area on a road (other than a declared road), on a Section 101(1)
declared road (with the chief executive’s written permission) or on an off-street
regulated parking area.
Power to regulate parking by installing official traffic signs indicating how parking Section 102(1)
is regulated.
Power to exercise control over land for use as an off-street parking area under an Section 104
arrangement with a person who owns or has an interest in the land.
Power to install a parking meter or park at area for a designated parking space if Section 105(5)
it is installed in a way specified by the MUTCD or approved by the chief
executive.
Power to enter into an agreement with the commissioner of police in respect of Section 109(1)
annual or periodical payments to the commissioner of police for costs incurred in
the carrying out of duties by police officers enforcing parking regulations.
Page 35 of 36
Section 36
ATTACHMENT 2
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. In the event that there is a change to any Delegate Position as set out in the schedule of this
instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed,
the reference in this Instrument to the Former Delegated Position will be read as a
reference to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
Page 36 of 36