ANNUAL REVIEW - REGISTER OF DELEGATIONS - COUNCIL TO CEO · Report

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GENERAL COMMITTEE MEETING                                                      12 AUGUST 2024


numerous decisions in order to properly discharge their powers and responsibilities for the
communities they serve.
The LGA allows local governments to delegate their powers by resolution to:
   • the Mayor
   •   the CEO
   •   a standing committee or joint standing committee
   •   the chairperson of a standing committee or joint standing committee.
This report deals specifically with delegations from the Council to the CEO.
As a result of this empowerment, the CEO is required to establish a Register of Delegations
containing the particulars prescribed under a regulation, pursuant to section 260 of the LGA.
Subsequently, as legislation is amended, repealed and introduced, Council is required to update
its Register of Delegations.

The Local Government Association of Queensland Ltd (LGAQ) supports Queensland Local
Governments in complying with its obligations under section 260 of the LGA, with the assistance
of King and Company Solicitors, by providing local governments with delegation updates.

Council’s Register of Delegations is divided into numerous parts, containing an individual page
or number of pages for each relevant Act and/or Regulation in respect of which Council or the
CEO may exercise a power.

The diagram below, obtained from LGAQ, provides an illustrative overview of the Queensland
delegations model.




In accordance with section 257 (1) of the LGA, Council may delegate a power under this Act, or
another Act, to the CEO. The delegation of powers to the CEO allows for more efficient and
timely resolution of a range of administrative matters.

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GENERAL COMMITTEE MEETING                                                      12 AUGUST 2024


It is a matter for the Council to decide which powers are included or excluded from delegation
to the CEO. If Council chooses to exclude a power from delegation to the CEO, then Council
alone may exercise the relevant power.

Council must formally resolve to delegate its powers under the Register of Delegations to the
CEO, as provided in Attachment 1. It is important to note that Council may retract or condition a
delegation of power from the CEO as desired.

1.2. Delegation of Power from the CEO to Employee or Contractor

The CEO has particular powers provided by legislation by virtue of holding the position of CEO
within the Local Government. In accordance with section 259 of the LGA, the CEO may delegate
a power provided by legislation or Council resolution to an appropriately qualified employee or
contractor of Council.

Pending adoption by Council, the CEO, in consultation with the Governance Branch, Directors
and Managers, will on-delegate various powers to relevant positions within the organisation to
ensure efficient operations and service to our community.

1.3. Council’s Register of Delegations – Council to CEO

Pursuant to section 257(5) of the LGA, Delegations to the CEO by Council must be reviewed
annually by the local government. This ensures that the Delegations align with any relevant
legislative changes and new legislation enacted during the previous year.

In accordance with the LGA, Council has in place a Register of Delegations recording all
delegations made by the Council to the CEO, and a Register of Delegation recording all
delegations which the CEO has on-delegated to employees and contractors. The Register of
Delegations must be made available to the public for inspection upon request.

If Council resolves to adopt the Recommendations made in this Report, the changes to the
Register of Delegations will take immediate effect.

2. Annual Delegations Review Process

Pursuant to section 257(4) of the LGA delegations to the CEO must be reviewed annually by
the Local Government. Council previously adopted its current delegations at the Ordinary
Meeting of 15 June 2023.

2.1. Legal Update

King and Company Solicitors updates the Council Register and CEO Register during the two
major Queensland Parliamentary recesses (summer and winter), and advise on changes made
to Acts and Regulations. Updates to the Registers may result from:

         1. Changes to relevant State legislation;
         2. Introductions of new State legislation; or
         3. Improvements to the Register of Delegation as identified and/or recommended by
            King and Company Solicitors.

The Governance Branch uses the content of the delegation registers to undertake a
comprehensive review of Council’s Register of Delegations and presents to Council any
changes to current delegations and new delegations to maintain the currency of Council’s
Register of Delegations.

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GENERAL COMMITTEE MEETING                                                      12 AUGUST 2024


2.2.   Internal Update – Operational Requirements

From time-to-time statutory powers of additional Acts and Regulations are delegated to
operational teams. This can occur in response to the implementation of new customer services,
risk mitigation, legal advice, or on request by operational teams. For the current review cycle,
Council’s Local Laws Manager has requested the addition of the following new delegation
registers:

        1.Stock Route Management Act 2002
        2.Stock Route Management Regulation 2023

2.3.   Internal Update – Councillor Requests

For the current review cycle, the Council requested a focused review of the conditions pertaining
to development matters (Planning Act 2016, Planning Act 2016 – Development Assessment
Rules, Planning Regulation 2017) in accordance with Council Resolution 6.9.B from the
Ordinary Meeting held on June 15, 2023. Specifically, Councillors requested review of the
current triggers for development matters precluded from delegation with a view to providing staff
with more specific, less subjective, criteria including the results of a workshop which considers
amongst other things precluding delegation decisions in the following circumstances:

Where a matter relates to

   1. the clearing of remnant 'of-concern' or 'endangered' vegetation from a biodiversity or
      Vegetation Management Act perspective;
   2. the disturbance of the habitat of a species listed under the Nature Conservation or
      Environmental Protection and Biodiversity Acts;
   3. an extension of an approval that was made under a Superseded Planning Scheme and/or
      where there is a resolution of Council to amend the Planning Scheme in a way that is
      relevant to the approval;
   4. to the removal or substantial alteration to a structure or place of heritage significance
      identified in Council's Planning Scheme or in an adopted study of Council; and
   5. a development where Council has a direct or indirect interest as a result of its involvement
      in previous or proposed land dealings.

2.4. The Review Process - Overview

The following diagram provides an overview of the 2024 review process:

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GENERAL COMMITTEE MEETING                                                      12 AUGUST 2024




3. Outcomes of the 2024 Annual Delegation Review

3.1. Legal Update - Required Updates to Current Delegations

The delegation review has identified several required amendments or updates to the following
current delegation registers:

   1.  21. Environmental Protection Act 1994
   2.  24. Fire and Emergency Services Act 1990
   3.  31. Industrial Relations Act 2016
   4.  35. Land Act 1994
   5.  45. Nature Conservation (Animals) Regulation 2020
   6.  46. Nature Conservation (Plants) Regulation 2020
   7.  53. Plumbing and Drainage Regulation 2019
   8.  74. Tobacco and Other Smoking Products Act 1998
   9.  78. Transport Operations (Road Use Management – Vehicle Registration) Regulation
       2021
   10. 80. Waste Reduction and Recycling Act 2011
   11. 81. Waste Reduction and Recycling Regulation 2023
   12. 82. Work Health and Safety Act 2011
   13. 83. Work Health and Safety Regulation 2011

The resulting changes to the Register of Delegations highlighted yellow for identification. Copies
of these delegation registers are provided in Attachment 1. All changes are of operational nature
and are recommended for delegation to the CEO. Delegation of these powers ensures that
actions taken by Council Officers are appropriately authorised and compliant with changes to
State legislation.

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GENERAL COMMITTEE MEETING                                                      12 AUGUST 2024


3.2.     Internal Update - New Delegations

The delegation review has identified that the following two (2) new delegation registers are
required for Council operations:

   1. 69. Stock Route Management Act 2002
   2. 70. Stock Route Management Regulation 2023


Stock Route Management Act 2002 and associated Regulation 2023 establish a framework for
the management and maintenance of stock routes for moving livestock. Because the definition
and management of stock routes fall under the jurisdiction of the Queensland State
Government, and the delegated statutory powers encompass the maintenance of stock routes
and the administration of user permits, these powers are classified as operational and are
recommended for delegation to the CEO. Delegation of these powers is important to ensure
that any actions taken by Council Officers are appropriately authorised and compliant with
legislation. Copies of these delegation registers are provided in Attachment 1.

3.3.     Internal Update – Councillor Requests

The conditions pertaining to development matters (Planning Act 2016, Planning Act 2016 –
Development Assessment Rules, Planning Regulation 2017) were modified in consultation with
Councillors during two Delegation Workshops on 27 June 2024 and 1 August 2024. The review
and subsequent modification of the conditions ensures that development issues are
appropriately communicated to Councillors in accordance with their interests and community
concerns.

3.3.1.    Previous Conditions:

   1. The Chief Executive Officer may exercise the powers of the Council under the Planning
   Act 2016 for an application other than the following:

           a) An application for a variation request mentioned in section 61 of the Planning Act
           2016 to vary the effect of the planning scheme;


           b) The approval of an application where there is substantial non-compliance with a
           stated policy of the Council or a high order provision of the Planning Scheme being a
           desired environmental outcome, or an overall outcome of a code;


           c) The refusal of any application where Council is the assessment manager;


           d) Requests for change representation, and change applications to change or delete
           conditions that were imposed by Council at an Ordinary Meeting or a Special Meeting;


           e) An application for a proposed development of significant community interest.


       2. The Chief Executive Officer may exercise the powers of the local government under the
       Planning Act 2016 for an application where the application has the potential for ‘deemed
       approval’ in accordance with section 64 of the Act.

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GENERAL COMMITTEE MEETING                                                       12 AUGUST 2024



    3. A Councillor may request an application to be determined at a Council Meeting. The
    request shall be made to the Chief Executive Officer, with the request to be made before
    the decision stage commences.

 3.3.2.   New Conditions:

    1. The Chief Executive Officer may exercise the powers of the Council under the Planning
    Act 2016 for an application other than the following:

      a) An application for a variation request mentioned in section 61 of the Planning Act 2016 to
      vary the effect of the Planning Scheme;


      b) An application which is for an inconsistent use as defined in the Planning Scheme;


      c) An application for a proposed development where more than 30 submissions have been
      received during the notification part objecting to the proposed development:


      d) An extension of an approval that was made under a superseded Planning Scheme (i.e. pre-
      Noosa Plan 2020) and/or where there is a resolution of Council to amend the Planning Scheme
      in a way that is relevant to the approval:


      e) An impact assessable application involving the clearing of vegetation which is mapped as
      being in an area of biodiversity significance on the Biodiversity, Waterways and Wetlands
      Overlay Map and containing an endangered regional ecosystem, except in circumstances
      where the clearing is exempt clearing:


      f) The removal or demolition of a structure or place identified within the Planning Scheme’s
      Heritage and Character Overlay Map;


      g) A development where Council is the applicant requiring impact assessment.

    2. However, the Chief Executive Officer may exercise the powers of the Local Government
    under the Planning Act 2016 for an application where the application has the potential for
    'deemed approval' in accordance with section 64 of the Act.

    3. In exercising the delegated powers, where a development application has been decided
    by Council, the Chief Executive Officer must give due consideration to the materiality of the
    changes sought through a negotiated decision notice, other change or minor change
    application, and consult with all Councillors where those changes would have a material
    impact on the outcome of the original decision.

    4. A Councillor may request an application to be determined at a Council meeting. The
    request shall be made to Chief Executive Officer, with the request to be made before the
    decision stage commences.

Copies of these delegation registers are provided in Attachment 1.

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GENERAL COMMITTEE MEETING                                                    12 AUGUST 2024


3.4.   Summary of Current Delegations not Requiring Changes

The current delegation registers listed below require no changes to the previous year.

   1. 1. Animal Management (Cats and Dogs) Act 2008
   2. 2. Biosecurity Act 2014
   3. 3. Biosecurity Regulation 2016
   4. 4. Body Corporate and Community Management Act 1997
   5. 5. Body Corporate and Community Management (Accommodation Module) Regulation
   2020
   6. 6. Body Corporate and Community Management (Commercial Module) Regulation 2020
   7. 7. Body Corporate and Community Management (Small Schemes Module) Regulation
   2020
   8. 8. Body Corporate and Community Management (Specified Two-lot Schemes Module)
   Regulation 2011
   9. 9. Body Corporate and Community Management (Standard Module) Regulation 2020
   10.10. Building Act 1975
   11.11. Building Regulation 2021
   12.12. Coastal Protection and Management Act 1995
   13.13. Disaster Management Act 2003
   14.14. Disaster Management Regulation 2014
   15.15. Electricity Act 1994
   16.16. Electricity Regulation 2006
   17.17. Electrical Safety Act 2002
   18.18. Electrical Safety Regulation 2013
   19.19. Environmental Offsets Act 2014
   20.20. Environmental Offsets Regulation 2014
   21.22. Environmental Protection Regulation 2019
   22.23. Environmental Protection (Water and Wetland Biodiversity) Policy 2009
   23.25. Food Act 2006
   24.26. Food Production (Safety) Act 2000
   25.27. Heavy Vehicle (Mass, Dimension and Loading) National Regulation
   26.28. Heavy Vehicle National Law (QLD)
   27.29. Heavy Vehicle National Law Regulation 2014
   28.30. Human Rights Act 2019
   29.32. Industrial Relations Regulation 2018
   30.33. Information Privacy Act 2009
   31.34. Justices Act 1886
   32.36. Land Regulation 2020
   33.37. Land Title Act 1994
   34.38. Land Valuation Act 2010
   35.39. Liquor Act 1992
   36.40. Local Government Act 2009
   37.41. Local Government Regulation 2012
   38.42. Local Laws
   39.43. Medicines and Poisons (Pest Management Activities) Regulation 2021
   40.44. Medicines and Poisons (Poisons and Prohibited Substances) Regulation 2021
   41.47. Peaceful Assembly Act 1992
   42.51. Planning and Environment Court Act 2016
   43.52. Plumbing and Drainage Act 2018
   44.54. Public Health Act 2005
   45.55. Public Health Regulation 2018
   46.56. Public Health (Infection Control Appearance Services) Act 2003
   47.57. Public Interest Disclosure Act 2010

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GENERAL COMMITTEE MEETING                                                     12 AUGUST 2024


  48.58. Public Records Act 2002
  49.59. Queensland Heritage Act 1992
  50.60. Queensland Reconstruction Authority Act 2011
  51.61. Rail Safety National Law (Queensland)
  52.62. Residential Services (Accreditation) Act 2002
  53.63. Retail Shop Leases Act 1994
  54.64. Right to Information Act 2009
  55.65. Safety in Recreation Water Activities Act 2011
  56.66. State Penalties Enforcement Act 1999
  57.67. State Penalties and Enforcement Regulation 2014
  58.68. Statutory Bodies Financial Arrangements Act 1982
  59.71. Summary Offences Act 2005
  60.72. Summary Offences Regulation 2016
  61.73. Survey and Mapping Infrastructure Act 2003
  62.75. Transport Operations (Road Use Management) Act 1995
  63.76. Transport Operations (Road Use Management – Accreditation and Other Provisions)
  Regulation 2015
  64.77. Transport Operations (Road Use Management – Road Rules) Regulation 2009
  65.79. Transport Operations (Road Use Management – Vehicle Standards and Safety)
  Regulation 2021
  66.84. Workers Compensation and Rehabilitation Act 2003
  67.85. Workers Compensation and Rehabilitation Regulation 2014
  68.86. Working with Children (Risk Management and Screening) Act 2000

Copies of these delegation registers are provided in Attachment 1. Council’s delegation of these
powers remain unchanged from the previous year.

Human Rights Statement
In developing this Report the subject matter has been considered in accordance with the
requirements of the Queensland Human Rights Act 2019. It is considered that the Delegations
Review does not conflict with any human rights and supports a human rights approach to
decision making by Council.
In the exercise of these powers, the CEO will need to consider human rights compatibility and
may be required to make further statements to comply with the Human Rights legislation. The
CEO and Council representatives will endeavour to act and make decisions under this Report
in a manner that is compatible with human rights. Representatives will endeavour to:
   •   identify relevant human rights which may be affected by the action or decision;
   •   give proper consideration to the impact of its actions and decisions on human rights; and
   •   ensure that any conduct or decision by Council which limits an individual’s human rights
       is reasonable and justifiable.

This Report should be read in conjunction with Council’s Human Rights Policy.

Link to Corporate Plan
Theme No. 5 - Excellence

Previous Council Consideration

The majority of Council’s current delegations were adopted by Council at the Ordinary Meeting
held on the 15 June 2023.

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GENERAL COMMITTEE MEETING                                                          12 AUGUST 2024


Ordinary Meeting, 15 June 2023, Item 6.9, Page 9
That Council note the report by the Governance Advisor to the General Committee Meeting
dated 12 June 2023 and
A. Adopt the Register of Delegations – Council to Chief Executive Officer - Pursuant to section
257 of the Local Government Act 2009, to delegate the powers of the Local Government outlined
in the Register of Delegations provided at Attachment 1, to the Chief Executive Officer of
Council
B. Further, the CEO be requested to bring forward a further report which reviews the current
triggers for development matters precluded from delegation with a view to providing staff with
more specific, less subjective, criteria including the results of a workshop which considers
amongst other things precluding delegation decisions in the following circumstances:
Where a matter relates to
1. the clearing of remnant 'of-concern' or 'endangered' vegetation from a biodiversity or
Vegetation Management Act perspective;
2. the disturbance of the habitat of a species listed under the Nature Conservation or
Environmental Protection and Biodiversity Acts;
3. an extension of an approval that was made under a Superseded Planning Scheme and/or
where there is a resolution of Council to amend the Planning Scheme in a way that is relevant
to the approval;
4. to the removal or substantial alteration to a structure or place of heritage significance identified
in Council's Planning Scheme or in an adopted study of Council; and
5. a development where Council has a direct or indirect interest as a result of its involvement in
previous or proposed land dealings.

Finance
Nil

Risk & Opportunities

Operationally, if delegations are not current or officers operate outside of their delegated
authority, relevant decisions made and action taken may be considered unauthorised and
subject to legal challenge. This may expose Council to the risk of unnecessary and expensive
legal action by third parties and subsequent reputational damage.

All of Council’s delegations contain the following conditions to manage the risk of Officers acting
beyond the appropriate delegated authority:

      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.
         1. 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:

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GENERAL COMMITTEE MEETING                                                                12 AUGUST 2024


              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.

All Council Officers and Contractors with delegated powers approved by the CEO are provided
with a memorandum outlining the powers delegated to them.


Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Departments consulted:

      Office of the CEO, Mayor &             Community Services               Corporate Services
              Councillors
  x      Mayor & Councillors           x     Director                    x    Director
  x      Chief Executive Officer             Community Development            Financial Services
         Executive Officers                  Sport & Active Lifestyles        Fleet
         Community Engagement                Arts & Culture                   Revenue Services
         People & Culture                    Community Connection             ICT
         Governance                          Customer Experience              Procurement

                                                                              Commercial Property

       Strategy & Environment              Development & Regulation          Infrastructure Services
  x      Director                      x     Director                    x    Director
         Strategic Land Use Planning   x     Development Assessment           Infrastructure      Planning,
                                                                              Design and Delivery
         Economic Development &              Local Laws                       Civil and Asset operations
         Destination Management
         Environmental Services              Environmental Health             Waste
         Innovation & Digital Hub            Building & Plumbing              Building & Facilities
                                             Property / Permits               Disaster Management