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

of 36

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                                                                              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
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