Meeting papers

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 an extension of an approval that was made under a Superseded Planning Scheme and/or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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