2017-12-12 S&O Agenda - Attachment 2 to Item 7 - Reviewed Delegations of Authority

                                                                               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




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