Original source · versioned page text
2022-02-08 - S&O Agenda - Item 1 - ATTACHMENT 3 - 2021 DELEGATIONS OF AUTHORITY ANNUAL REVIEW REPORT
Text sections have not been matched to the original PDF pages. Use the original document to check page numbers.
Services & Organisation Committee Agenda 8 February 2022, Attachment 3 to Item 1
DELEGATION OF AUTHORITY
TITLE: ANIMAL MANAGEMENT (CATS AND DOGS)
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Animal Management (Cats and Dogs) Act 2008
Delegated Power:
1. To exercise powers of the Council pursuant to the Animal Management (Cats and Dogs)
Act 2008.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give identifying information to particular persons. Section 39
Power to recognise a body supervising an exhibition in which a cat or dog is Section 42(4)
participating.
Power, as an approved entity, to:- Section 43B
(a) conduct an accreditation scheme to breed dogs; and
(b) accredit a person as an “accredited breeder” under the accreditation
scheme.
## Note: this section only applies to local governments who have been
declared to be an approved entity under section 43W.
Power, as an approved entity, to give an accreditation number to an Section 43C
accredited breeder.
## Note: this section only applies to local governments who have been
declared to be an approved entity under section 43W.
Power to give registration notice. Section 49(2)
Power to keep registration form and information. Section 51
Power to fix the fee for the registration of a dog. Section 52
Power to recognise a body supervising an exhibition or an obedience trial in Section 64(1)
which a dog is participating.
Power to require applicant to give a stated document or information that is Section 74(1)
relevant to a permit application.
Power to grant or refuse a permit application within a certain time. Section 75(1)
Power to decide whether desexing is likely to be a serious risk to the health Section 75(3)
of a dog.
Power to impose conditions on the grant of an application for a restricted dog Section 75(5)
permit.
Page 1 of 103
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 102 sections
Section 2
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to issue a restricted dog permit. Section 77
Power to issue a decision notice after deciding to refuse a permit application. Section 79
Power to grant or refuse a renewal application within a certain time. Section 84(1)
Power to seek further information in deciding an application for a renewal Section 84(4)(b)
application.
Power to: Section 84(5)
if the application is granted, issue a renewed permit; or
if the application is refused, issue a decision notice.
Power to amend a restricted dog permit at any time. Section 87
Power to make:- Section 89(1)
(a) a dangerous dog declaration;
(b) a menacing dog declaration;
(c) a restricted dog declaration.
Power to determine whether a dog is of a breed mentioned in section 63(1). Section 89(4)
Power to give a dog owner a proposed declaration notice regarding a dog. Section 90
Power to withdraw a proposed declaration notice regarding a dog. Section 92
Power to consider any written representations and evidence within a period Section 94
stated in a proposed declaration notice and make a regulated dog declaration.
Power to give an owner of a dog the subject of a regulated dog declaration, a Section 95
notice about the decision under subsection (3) or (4).
Power to destroy a surrendered regulated dog. Section 100
Power to recover reasonable seizure or destruction costs. Section 102
Power to give notice of a proposed inspection program. Section 114
Power to include other information considered appropriate in the general Section 178(e)
register.
Power to authorise an employee to verify a copy of a document. Section 198(1)
Where a local government has received a registration form in relation to a cat Section 227(2)
prior to 23 September 2013 and it has not yet given a registration notice,
power to:-
(a) refund the registration fee to the owner; or
(b) if the local government is a declared local government—register the
cat under former chapter 3, part 2; or
(d) if a local government makes a local law requiring cats to be
registered—register the cat under the local law.
Where a local government has received a registration fee in relation to a cat Section 228(2)(b)
prior to 23 September 2013 and it has given a registration notice for the cat,
power to refund the registration fee or a portion of the fee to the owner.
Page 2 of 103
Section 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 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. 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.”
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 3 of 103
Section 4
DELEGATION OF AUTHORITY
TITLE: ASBESTOS COMPLAINTS
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 –Section 257
Public Health Act 2005 Section 14
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. 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.
4. Ensure all relevant complaints referred to Queensland Health are in writing and signed by the
delegated officer.
5. Maintain a record of all instances where this delegation has been exercised.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 4 of 103
Section 5
DELEGATION OF AUTHORITY
TITLE: BIOSECURITY
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Biosecurity Act 2014
Biosecurity Regulation 2016
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 Section 42(2)
authorised 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 Section 52(2)
pursuant to subsection (1).
Power to prepare and approve a biosecurity plan for invasive biosecurity matter Section 53
for 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 Section 60(5)
to this section.
Power, as a building authority for a barrier fence, or as an owner of land Section 91(3)
affected by the amendment, to consult with the chief executive about the
amendment of the barrier fence map.
Power, as a building authority for a barrier fence, in the circumstance set out in Section 92(2)
subsection (1), to build and pay for a gate or grid in the fence.
Power, as a building authority for a barrier fence, to undertake the activities set Section 93
out in subsections (a) and (b).
Page 5 of 103
Section 6
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a building authority for a barrier fence, to enter a place in the Section 94
circumstances set out in subsection (1).
Power, as a building authority for a barrier fence, to enter into an agreement Section 95
with another person about making an opening in the fence for a particular
purpose and period.
Power, as a building authority for a barrier fence, to give a notice to a person Section 96(2)
requiring the person to restore the fence.
Power, as a building authority for a barrier fence, to carry out the restoration of Section 96(4)
the barrier fence and recover the reasonable costs from the person to whom
notice was given pursuant to subsection (2).
Power, as a building authority for a barrier fence part, to appoint a person Section 100
employed or engaged by Council to exercise powers under the Act in relation to
the barrier fence part.
Power, as a building authority for a barrier fence part, to give directions to a Section 101(2)
barrier fence employee.
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 Section
executive. 150(3)(b)
Power, in the circumstances, referred to in subsection (1) to apply for Section 152
deregistration as a biosecurity entity.
Power to comply with a requirement of the chief executive made under Section 156(2)
subsection (2) or (3).
Power as a registered biosecurity entity, owner or occupier to give the chief Section 160(2)
executive a biosecurity risk notice.
Power to apply to the chief executive for the removal of the entry for a restricted Section 164
place from the biosecurity register.
Power to apply to the chief executive for the end of a declaration of a Section 164A
designated animal as a restricted animal.
Power to apply to the chief executive for the end of a declaration of a Section 164B
designated biosecurity matter as a restricted biosecurity matter.
Power to give the chief executive further information or a document about the Section 165
application.
Page 6 of 103
Section 7
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power as a registered biosecurity entity to give the chief executive a change Section 170(2)
notice.
Power to apply to the chief executive for a travel approval for the movement of Section 181
a special designated animal.
Power, as a receiver of a special designated animal at a saleyard, to take the Section 187
action referred to in subsections (a) and (b).
Power, as a receiver of a special designated animal at a restricted agricultural Section 188
show, to take the action referred to in subsection (2).
Power, as a receiver of a special designated animal at a place, to take the Section 190
action referred to in subsection (2).
Power, in the circumstances referred to in subsection (1), as a receiver of a Section 193(2)
special 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 Section 194(2)
animal 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 Section 198(2)
produce the copy of the movement record for in accordance with the and (7)
requirements of this 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 Section 199
an 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 Sections 214
take all steps required to bring the application to finalisation and obtain a and 215
decision on the application.
Power to apply for the renewal of a prohibited matter permit or a restricted Sections 225
matter permit and to take all steps required to bring the application to and 226
finalisation and obtain a decision on the application.
Power to comply with a direction of the chief executive issued pursuant to Section 229
subsection (2).
Power to apply for the transfer of a prohibited matter permit or a restricted Section 230
matter permit.
Power to consult with an interested entity about a proposed biosecurity Section
program. 235(3)(d)
Power to consult with the chief executive about a proposed biosecurity Section 239(1)
program.
Page 7 of 103
Section 8
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 as an occupier of a place to sign an acknowledgement of consent to Section 268(1)
enter the place.
Power as an occupier of a place to consent to entry by an authorised officer. Section 269(2)
Power to apply to the court for an order against the person convicted of an Section 358
offence 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 Section 364
stay, fix 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.
Power, as the issuing authority, to give effect to a decision of the court to Section 372(2)
substitute the internal review decision with a new decision.
Power, as the issuing authority for a biosecurity order, to give notice of the Section 380(2)
amount of the debt.
Power to register a charge over the land for an unpaid amount and to release Section 381
the charge once the unpaid amount has been paid.
Power, as a third party, to appear at the hearing of an application for a cost Section 383
recovery order.
Power to enter into a government and industry agreement with the Minister or Section 391
the 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 Section 396
the State.
Power to give the chief executive further information or a document required to Section
decide the application. 399(1)(b)
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 Sections 479
amend the conditions of the authority and to take all steps necessary to obtain a and 480
decision on the application.
Power, as the holder for a relevant authority, to make written representations Section 485
about the show cause notice to the chief executive.
Power, as the holder for a relevant authority, to ask the chief executive to Section 490
cancel the authority.
Page 8 of 103
Section 9
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the holder for a relevant authority, to comply with a notice requiring Section 491(3)
the return of the document evidencing the authority.
2. To exercise powers of the Council pursuant to the Biosecurity Regulation 2016.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a registered biosecurity entity for a designated place, to make a Section 94G(1)
biosecurity management plan.
Power, as an entity mentioned in subsection (1), to:- Section 94G(4)
(a) keep the plan as a separate document at the place; and
(b) make the plan available for inspection at the place, on request, during
ordinary business hours; and
(c) ensure a sign is conspicuously displayed at each management area for
the plan stating that:-
(i) a biosecurity management plan applies to the place; and
it is an offence for a person entering, present at, or leaving the management
area to fail to comply with the measures stated in the plan unless the person
has a reasonable excuse.
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 9 of 103
Section 10
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)(b)
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 10 of 103
Section 11
DELEGATION OF AUTHORITY
TITLE: COASTAL PROTECTION AND MANAGEMENT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Coastal Protection and Management Act 1995
Delegated Power:
1. To exercise the powers of Council pursuant to the Coastal Protection and Management Act
1995.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to make submissions to the Minister regarding a draft coastal plan. Section 25(2)(d)
Power to make a copy of a draft coastal plan available for inspection by the Section 25(5)
public.
Power to comply with a request from the Chief Executive to carry out particular Section 34(2)
activities necessary to implement a coastal plan.
Power to:- Section 57
(a) make submissions to the Minister before a regulation, pursuant to
section 54(1)(b), is made declaring, changing the boundaries of or
abolishing a coastal management district; and
(b) when making a submission, ask the Minister for a response on the
submission.
Power to appeal against the chief executive’s decision to give a coastal Section 59(5)
protection notice to Council.
Power to appeal against the chief executive’s decision to give a tidal works notice Section 60(7)
to Council.
Power, as an owner of land or as a party with an interest in the land, to:- Section 68(5), (6) and
(a) give written notice to the chief executive claiming compensation at any (9)
time during, or within 3 months after, the chief executive’s occupation
and use of the land; and
(b) make an agreement with the chief executive concerning the amount of
compensation payable.
Power to keep available for inspection by the public any document given to Section 72
Council under section 70(2)(c) or 71(2)(b).
Power to make an application to the chief executive for an allocation of quarry Section 73
material in tidal water.
Power to make a submission to the chief executive about Council’s views on the Section 75(3)(c)
removal of quarry material or placement of spoil regarding an application for
allocation of quarry material.
Power, as an allocation notice holder, to give the chief executive written notice:- Section 80(2)
Page 11 of 103
Section 12
a) about the quantity of quarry material removed under the allocation in a
period where a condition requires it; or
b) about the quantity of quarry material removed under the allocation in a
quarter within 20 business days after the end of a quarter.
Power, as an allocation notice holder, to apply to the chief executive to transfer Section 82
all or part of the allocation to another person.
Power, as an allocation notice holder, to apply to the chief executive officer to Section 83
renew the allocation notice.
Power, as an allocation notice holder, to make representations to the chief Section 86(1)
executive showing why the allocation notice should not be amended, suspended
or cancelled.
Power, as an allocation notice holder, to surrender the allocation. Section 88
Power to endorse a plan of subdivision with Council’s acceptance of trusteeship Section 115B(5)(a)
of the reserve.
Power to certify a plan of subdivision which shows an artificial waterway. Section 119(2)
Power to maintain and keep clean each canal in its area and access channel for Section 121
a canal in its area, whether or not the access channel is in its area.
Power:- Section 123(5)
(a) as an owner of freehold land; or
(b) an occupier of land, other than freehold land, adjacent to State tidal land;
or
(c) as a public utility provider; or
(d) as a trustee under any law or agreement,
to occupy and use State tidal land to carry out tidal works in accordance with a
development permit or to maintain and use infrastructure constructed as part of
tidal works.
Power:- Section 124
(a) as an owner of freehold land adjacent to State tidal land; or
(b) as an occupier of land, other than freehold land, adjacent to State tidal land
;or
(c) as a public utility provider; or
(d) as a trustee under any law or agreement,
to ensure that tidal works are maintained in a safe condition.
Power, as an owner or occupier of land, to allow an authorised person to enter Section 134(3)(a)
the land.
Power to claim compensation if Council incurs a loss or expense because of the Section 136
exercise or purported exercise of a power under chapter 3, part 2, division 1 by
an authorised person.
Power, as an owner of an interest in land, to claim compensation if the existing Section 150 and 152
use that may be made of the land is changed by a prohibition imposed by the
coastal plan or the declaration of a coastal management district.
Power, as an owner of an interest in land, to appeal against the decision of the Section 153(3) and (4)
chief executive regarding a claim for compensation under section 150.
Power to make an appeal to the Planning and Environment Court against the Section 159
chief executive’s decision to give Council a coastal protection or tidal works
notice.
Page 12 of 103
Section 13
Power to bring a proceeding in the Planning and Environment Court for a Section 164A
declaration about a matter done, to be done or that should have been done, for
chapter 2, part 3, division 2.
Power to:- Section 165
(a) where the chief executive has delegated powers under the Coastal
Protection and Management Act 1995, to exercise those powers; and
(b) sub-delegate the powers delegated by the chief executive under
subsection (1) to an appropriately qualified entity.
Power to elect not to be the assessment manager (in which case Council cannot Section 190
be a referral agency) for an application to make a minor change to a deemed
approval under section 177.
Power to elect not to be the responsible entity for a request to make a Section 193
permissible change to a deemed approval under section 177.
Power to elect not to be the responsible entity for a change application. Section 206(5)
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. 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.”
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 13 of 103
Section 14
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
Disaster Management Regulation 2014
Delegated Power:
1. To exercise the powers of council as a delegated officer 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 Section 57(1)
in 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 as a delegated officer 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 Section 5(1)
disaster 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).
Page 14 of 103
Section 15
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to nominate a person to a temporary district disaster management Section 7(1)
group.
Power to appoint a person as a member of a local disaster management Section 9(1)
group.
Power to appoint a chairperson and deputy chairperson of a local disaster Section 10(1)
management group.
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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 15 of 103
Section 16
DELEGATION OF AUTHORITY
TITLE: ENVIRONMENTAL OFFSET
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
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, as an administering agency, to impose an offset condition if the Sections 14 and
circumstances in sections 14 and 15 apply. 15
Power to consider a notice of election and any offset delivery plan. Section 19(1)
Power to decide whether it is appropriate to deliver the environmental offset in Section 19(2)
the way stated in the notice of election, and any offset delivery plan, or whether and 19(3)
the offset should be delivered in a different way and to give notice of the
decision.
Power to agree to amend either or both of the agreed delivery arrangement Section 19(7)
and an offset delivery plan.
Power to give the notice required to be given under subsection (4). Section 19A
Power to enter another agreed delivery arrangement. Section 20
Power to decide an application to remove duplicate conditions, make other Section 25A
amendments to the authority, and give notice of the decision.
Power, as a relevant agency, to enter an environmental offset agreement. Section 26
Power, as a relevant agency, to enter another environmental offset agreement Section 28
that varies, or terminates and replaces, an earlier environmental offset
agreement.
Power, in the circumstance specified in subsection 35(1)(a), to give a Section 35
compliance notice in relation to the terms of the environmental offset
agreement.
Power, where Council has given a compliance notice and the person Section 39
contravenes it by not doing something, to do the thing and recover any
reasonable costs or expenses incurred in doing it as a debt.
Page 16 of 103
Section 17
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to credit amounts received by Council as a financial settlement offset Section 89(1)
to Council’s trust fund.
Power to transfer an amount received by Council as a financial settlement Section 89(2)
offset in one of the circumstances listed in subsection (2).
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.
Power, as an administering agency, to decide an application to amend:- Section 95B
(a) an existing authority;
(b) an authority granted, on or after commencement, as the result of an
application that was made but not dealt with, before commencement,
and to do all things authorised or required by section 95B following the making
of the decision.
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 covered Section 11(3)(c)
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.
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:
Page 17 of 103
Section 18
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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 18 of 103
Section 19
DELEGATION OF AUTHORITY
TITLE: FIRE AND RESCUE SERVICES
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Fire and Emergency Services Act 1990
Delegated Power:
1. To exercise the powers of council pursuant to the Fire and Emergency Services Act 1990.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to comply with a requirement issued by an authorised fire officer under Section 58D
subsection (2).
Power to comply with a requisition notice. Section 69
Power, as the occupier of a premises in or on which any dangerous goods are Section 96
stored or to be stored, to provide information sought by the commissioner in a
notice.
Power, as the occupier of a premises in or on which any dangerous goods are Sections 97, 99
stored or to be stored, to prepare an off-site emergency plan and to amend and 100
the plan.
Power to pay to the commissioner charges for any advice or other assistance Section 98(2)
provided in preparation of an off-site emergency plan.
Power to implement an off-site emergency plan. Section 101
Power to give written notice to the chief executive of a change of Section 102(1)
circumstances affecting an off-site emergency plan.
Power, as the occupier of a building, to maintain a fire and evacuation plan Section 104E
and to provide instructions to prescribed persons in the building concerning
the action to be taken by them in the event of fire threatening the building.
Power to pay to the commissioner charges for any advice or other assistance Section 104F(2)
provided in preparation of a fire and evacuation plan.
Power to consult with the commissioner about a notice under section 104G(1). Section 104G(2)
Power, as the occupier or owner of a building, to comply with a notice issued Section 104G(3)
by the commissioner under section 104G(1).
Power to consult with an authorised officer about a notice under section Section 104I(9)
104I(7) or (8).
Power to nominate a person to be appointed an assessor by the Section
commissioner to help QCAT in section 104SG(1) proceedings. 104SI(2)(b)(ii)
Page 19 of 103
Section 20
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to comply with a requirement issued by an authorised fire officer under Section 58D
subsection (2).
Power to comply with a requisition notice. Section 69
Power to furnish to the chief executive a return disclosing the particulars Section 109(1)
prescribed under a regulation relating to certain properties.
Power to collect annual contributions and other amounts imposed by the local Section 111(2)
government pursuant to Part 10 of the Fire and Emergency Service Act.
Power to, in respect of each financial year: Section 112(1)
(a) determine the prescribed properties within its area; and
(b) determine the annual contributions payable in respect of prescribed
properties by reference to the categories prescribed under a regulation
made under section 108.
Power to give the owner of a prescribed property a levy notice. Section 112(2)
Power to give the chief executive information which is relevant to the Section 113(3)
determination of an appeal against a local government’s determination, if
required by the chief executive.
Power to amend, revoke or revoke and give a new levy notice if the chief Section 113(6)
executive allows an appeal.
Power to refund to the appellant any amount paid in respect of contributions, Section 113(7)
for the financial year to which the notice relates and for any previous financial
year, in excess of the amount calculated in accordance with the chief
executive’s determination.
Power to decide the way in which it keeps an administration fee for performing Section 117(3)
functions under Part 10 of the Fire and Emergency Service Act.
Power to make payments to the department, for the fund, out of its operating Section 118(1)
fund from moneys received or recovered by the local government under Part
10.
Power to prepare and submit a return in the approved form Section 118(4)
Power to refuse or grant, subject to any conditions, an application to pay Section 121(2)
contributions by instalments.
Power to engage a debt collector (authorised to perform a debt collection Section 126(1)
activity under the Debt Collectors (Field Agents and Collection Agents) Act
2014) to collect any arrears of annual contribution payable by an owner of
prescribed property, and to require by notice in writing the owner to pay an
amount by way of a collection fee
Power to contribute amounts raised via special rates or charges, or separate Section 128A
rate or charges, to rural fire brigades operating in Council’s local government
area.
Power to consult with the commissioner about the establishment of an SES Section 133(2)
unit in Council’s local government area.
Power to nominate a person to be the local controller for an SES unit. Section 134(2)
Page 20 of 103
Section 21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to comply with a requirement issued by an authorised fire officer under Section 58D
subsection (2).
Power to comply with a requisition notice. Section 69
Power as a local government affected by a disaster to request the Section 136(3)
commissioner to appoint a person as a SES coordinator.
Power to consult with the commissioner about the appointment of a person as Section 136(4)
a SES coordinator.
Power to enter an agreement with the Department which sets out the Section 140
responsibilities of each party in relation to the SES in Council’s local
government area.
Power to consult with the commissioner about the establishment of an ES unit Section 141(2)
in Council’s local government area.
Power to consult with the commissioner about the functions of an ES unit in Section 142(3)
Council’s local government area.
Power to nominate a person to be a ES unit coordinator. Section 146(2)
Power to produce to an authorised person any document or record mentioned Section 152C(4)
in subsection (2)(b).
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. 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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 21 of 103
Section 22
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)
Page 22 of 103
Section 23
DESCRIPTION OF POWER DELEGATED LEGISLATION
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.
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 2006
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 2006.
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 2006.
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 Section 92(2)
or omitted to be done by the licensee in the second local government area.
Page 23 of 103
Section 24
DESCRIPTION OF POWER DELEGATED LEGISLATION
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.
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)
Page 24 of 103
Section 25
DESCRIPTION OF POWER DELEGATED LEGISLATION
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).
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 25 of 103
Section 26
DELEGATION OF AUTHORITY
TITLE: HEAVY VEHICLE
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Heavy Vehicle (Mass, Dimension and Loading) National Regulation
Heavy Vehicle National Law (Qld)
Heavy Vehicle National Law Regulation 2014
Delegated Power:
1. To exercise the powers of Council pursuant to the Heavy Vehicle (Mass, Dimension and
Loading) National Regulation.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a road manager, to consent to the making of an HML declaration. Section
13(1)(b)
Power, as a relevant road manager for an HML declaration, to consent to the Section 14 (3)
making of the declaration subject to the condition that stated intelligent access
conditions are imposed on the use of a stated type of HML heavy vehicle
under the higher mass limits in an area or on a route to which the declaration
applies.
Power, as a relevant road manager for an HML declaration, to give written Sections 14(4)
reasons for a decision made under subsection 14(3) to the Regulator.
Power, as a relevant road manager for an HML declaration in the Section 18
circumstances set out in subsection 18(1), to ask the Regulator to do one or
more of the things listed in subsection 18(2).
Power, as a road manager, to consent to the granting of an HML permit. Sections
22(1)(b) and 23
Power, as a road manager, to consent to the granting of an HML permit Section
subject to conditions 24(1)(a)
Power, as a road manager, to consent to amendment of an HML. Section 29(4)
Power, as a road manager for a HML permit, to request the regulator to Section 31(2)
amend or cancel the permit.
Power, as a road manager, to consent to a declaration of the regulator Section 41(1)
pursuant to section 40.
Page 26 of 103
Section 27
2. To exercise the powers of Council pursuant to the Heavy Vehicle National Law (Qld).
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a road manager, to consent to the grant of a mass or dimension Section 156(1)
authority.
Power, as a road manager, to ask the regulator for a longer period of time Section 156(2)
under section 156(1)(b).
Power, as a road manager, to give the regulator a written statement that Section 156(6)
explains the road manager’s decision and complies with section 172.
Power, as a road manager, to notify the regulator:- Section 159(2)
(a) that a route assessment is required for the road manager deciding
whether to give or not to give the consent;
(b) the fee payable (if any) for the route assessment under a law of
the jurisdiction in which the road is situated.
Power, as a road manager, to consent to the grant a mass or dimension Sections
authority subject to conditions. 160(1), 161(1)
and 162(1)
Power, as a road manager for a mass or dimension authority, to give the Sections
regulator a written statement that explains the road manager’s decision and 160(2), 161(2)
complies with section 172. and 162(2)
Power, as a road manager for a mass or dimension authority, to seek an 167(2)(b)(ii)
extension of time to give a notice under section 167(2)(b).
Power, as a road manager for a mass or dimension authority, to give consent Section 169(1)
to the grant of a mass or dimension authority for a trial period of no more than
3 months.
Power, as a road manager for a mass or dimension authority, to object to the Section 170(3)
renewal of the authority for a further trial period.
Power, as a road manager for a mass or dimension authority granted by Section 174(2)
Commonwealth gazette notice, to request the regulator to amend or cancel
the authority if the circumstances of section 174(1) exist.
Power, as a road manager for a mass or dimension authority granted by Section 178(2)
permit, to request the regulator to amend or cancel the authority if the
circumstances of section 178(1) exist.
Power, as a road manager, to apply to the Court for a compensation order. Section 611(2)
Power, as a road manager and public authority, to sign a certificate. Section
612(2)(c)
Power, as a road manager and reviewer, to agree to a longer prescribed Section 645(6)
period for a review of a reviewable decision.
Power, as a road manager, to agree to a longer prescribed period for a review Section 645(6)
of a reviewable decision.
Page 27 of 103
Section 28
3. To exercise the powers of Council pursuant to the Heavy Vehicle National Law Regulation
2014.
Please note: This register covers powers of Council as a road manager only and does not include powers of Council
as a driver or operator of a heavy vehicle
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a road manager, to set the fee payable for a route assessment. Section 4 (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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 28 of 103
Section 29
DELEGATION OF AUTHORITY
TITLE: INFORMATION PRIVACY
Part 1- Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Information Privacy Act 2009
Delegated Power:
1. To exercise the powers of Council pursuant to the Information Privacy Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as agency, to transfer an individual’s personal information to an entity Section 33
outside Australia under certain circumstances.
Power, as agency, to enter into a service arrangement with an entity other Section 34
than an agency to provide services.
Power, as agency, to give access to a document created after the application Section 47
for access is received.
Power, as agency, to search for a document on a backup system if it considers Section 49
the search is appropriate.
Power, as agency, to appoint an appropriately qualified healthcare Section 50(5)(b)
professional to make a healthcare decision in relation to an access or
amendment application.
Power, as agency, to contact the person and tell them how the application Section 53(2)
does not comply with a relevant application requirement.
Power, as agency, to refuse to deal with an access or amendment application Section 53(3)
if:
(a) the application does not comply with all relevant application
requirements; and
(b) the applicant has been afforded a reasonable opportunity to consult with
a view to making the application comply.
Power, as agency, to give prescribed written notice of the decision. Section 53(6)
Page 29 of 103
Section 30
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as agency, to refuse to deal with an access application if: Section 54
(a) the application should have been made under the Right to Information
Act (because it is for access to a document other than to the extent it
contains the applicant’s personal information); and
(b) reasonable efforts have been made to inform the applicant that the
application:
(i) can not be made under the Information Privacy Act; and
(ii) should be made under the Right to Information Act; and
(iii) may be changed so it can be made under the Information Privacy
Act, or may be dealt with under the Right to Information Act by
paying the application fee.
Power, as agency, at any time before a deemed decision is taken to have been Section 55(1)
made in relation to an access or amendment application, to ask applicant for
a further specified period to consider the application.
Note: more than one request can be made (section 55(2) Information Privacy
Act
Power, as agency, to continue to consider an access or amendment Section 55(3)
application, if a further specified period has been requested under section
55(1), the applicant has not refused the request, and no notice that the
applicant has applied for review has been received.
Power, as agency, to give access to a document that contains information the Section 56(1)
disclosure of which may reasonably be expected to be of concern to a
government, agency, or person (a “relevant third party”), only if reasonably
practicable steps are taken to obtain the relevant third party’s views on
whether:
(a) the document is a document for Chapter 3 of the Information Privacy Act
(document of an agency or a Minister under the Right to Information Act);
or
(b) the information is exempt information or contrary to public interest
information.
Power, as agency, to transfer an access or amendment application to another Section 57(2)
agency if the document is not in the original agency’s possession, but is, to
the original agency’s knowledge, in the other agency’s possession, and the
other agency consents.
Power, as agency, to refuse to deal with the application without having Section 59
identified any or all of the documents, if the documents contain information of
a stated kind or relate to a stated subject matter and it appears that all of the
documents are comprised of exempt information (as defined in Schedule 3 of
the Right to Information Act).
Power, as agency, to refuse to deal with an access or amendment application, Section 60(1)
or, if considering two or more access or amendment applications by the
applicant, all the applications, if the work involved in dealing with the
application, or all the applications, would substantially and unreasonably divert
the resources of Council from use in performance of Council functions.
Page 30 of 103
Section 31
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as agency, to give the applicant: Section 61(1)
(a) written notice of the refusal to deal with an access or amendment
application under section 60(1) Information Privacy Act; and
(b) a reasonable opportunity to consult.
Power, as agency, to refuse to deal with a later access application for one or Section 62(3)
more of the same documents sought under the first access application by the
same applicant, to the extent it is for access to documents in the first
application, if the later application does not disclose any reasonable basis for
seeking such access.
Power, as agency, to refuse to deal with a later amendment application for Section 63(3)
one or more of the same documents sought to be amended under the first
access application by the same applicant, to the extent it is for amendment to
documents in the first application, if the later application does not disclose any
reasonable basis for seeking such access.
Power, as agency, after considering an access application, to decide whether Section 65
to give access to the document and whether any access charge must be paid
by the applicant.
Power, as agency, to refuse access to a document in the same way and to the Section 67(1)
extent access can be refused under section 47 Right to Information Act, were
access to the document applied for under that Act.
Power, as agency, to give a prescribed written notice to an applicant, for an Section 68(1)
access application, of:
(a) the decision on the application, including a decision to refuse to deal with
the application; and
(b) the fact that the document is not a document in the possession, or under
the control, of Council, if this is the case.
Power, as agency, to not include any exempt information or contrary to public Section 68(3)
interest information in the notice given under section 68(1) Information Privacy
Act.
Power, as agency, to give prescribed written notice to an applicant that does Section 69(2)
not include details required to be in a prescribed written notice under section
199(a) and (b) Information Privacy Act, but states that Council neither confirms
nor denies the existence of the document, but assuming the document does
exist, it would be a document to which access would be refused under section
67 Information Privacy Act to the extent it comprised prescribed information.
Power, as agency, after considering an amendment application, to decide Section 70
whether amendment of the document is permitted.
Power, as agency, to give an applicant for an amendment application a Section 73(1)
prescribed written notice of the decision on the application.
Power, as agency, to not include reasons for a decision to permit amendment Section 73(2)
of the document in the notice given under section 73(1) Information Privacy
Act.
Page 31 of 103
Section 32
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as agency, to not include any exempt information or contrary to public Section 73(3)
interest information in the notice given under section 73(1) Information Privacy
Act.
Power, as agency, if a decision to amend the document is made, to make the Section 74
amendment by altering the personal information or adding an appropriate
notation to the personal information.
Power, as agency, to waive an access charge. Sections 80, 81
and 82
Power, as agency, to refuse to give access to a document in a form requested, Section 83(4)
if it would:
(a) interfere unreasonably with Council’s operations, or
(b) be detrimental to the preservation of the document, or
(c) be inappropriate having regard to the physical nature of the document;
or
(d) involve an infringement of the copyright of a person other than the State,
and give access in another form.
Power, as agency, to extend the period in which an applicant may access a Section 84(2)
document.
Power, as agency, to defer giving access to a document for a reasonable Section 87
period if the document 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 a document prepared for a purpose in (a) or (b).
Power, as agency, to delete irrelevant information from a copy of a requested Section 88
document when giving access to that requested document, if the agency
considers it is reasonably practicable to give access to the copy.
Power, as agency, to give access to a copy of a document from which the Section 89
exempt information has been deleted.
Power, as agency, to give access to a copy of a document from which the Section 90
contrary to public interest information has been deleted.
Power, as agency, to direct access to the document be given instead to an Section 92(2)
appropriately qualified healthcare professional nominated by the applicant and
approved by the agency, where access was refused under section 47(3)(d) of
the Right to Information Act, as applied under the Information Privacy Act.
Power, as agency, to conduct a particular further search or to conduct further Section 115
searches directed by the information commissioner.
Power, as agency, to apply to the information commissioner for declaration Section 127
that at person is a vexatious applicant.
Power, as agency, to apply to the information commissioner for approval to Section 157
waive or modify the obligation to comply with the privacy principles.
Power, as agency, to ask the information commissioner to extend the time Section 159
within which to take action stated in a compliance notice.
Page 32 of 103
Section 33
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as agency, to apply to QCAT, as provided under the QCAT Act, for Section 161(1)
review of the information commissioner’s decision to give a compliance notice.
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.”
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 33 of 103
Section 34
DELEGATION OF AUTHORITY
TITLE: LAND TITLE
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Land Title Act 1994
Delegated Power:
1. To exercise the powers of Council pursuant to the Land Title Act 1994.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power, as a person served with a written notice by the registrar, to give public Section 18
notice of a request listed in subsection (1) and to satisfy the registrar that the
public notification has been given.
Power to undertake the searches and obtain copies of the documents described Section 35(1)
in section 35(1)
Power, as the registered owner, to agree to a plan of subdivision and dedicating Section 50(1)(b)
the public use land
Power, as the relevant planning body, to approve a plan of subdivision Section 50(1)(h)
Power, as the registered proprietor whose interests are affected by the plan, to Section 50(1)(j)
consent to a plan of subdivision
Power, as the registered owner of a lot, to dedicate the lot as a road for public Section 54(1)
use
Power, as the relevant planning body, to approve a dedication notice to dedicate Section 54(3)
a lot as a road for public use
Power, as the registered owner, to sign a building management statement for Section 54B(1)
registration
Power, as the registered owner, to sign an instrument of amendment for a Section 54E(2)
building management statement
Power, as the registered owner of all lots to which a building management Section 54G
statement applies, to ask the registrar to extinguish the building management
statement.
Power, as the registered owner, to sign an instrument of extinguishment or Section 54H(3)
partial extinguishment for a building management statement.
Power, as the registered owner of a lot with two or more registered owners, to Section 57
request the registrar create a separate indefeasible title for the interest of each
owner.
Power, as a registered owner subject to a joint tenancy, to unilaterally sever the Section 59(1)
joint tenancy.
Page 34 of 103
Section 35
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power, as a registered owner subject to a joint tenancy, to give notice of the Section 59(2)
severing of the joint tenancy in the way prescribed by subsection (2).
Power to register an instrument of transfer for the transfer of a lot or interest to Section 60(1)
or from Council.
Power to register an instrument of lease for the lease of a lot, or part of a lot, to Section 64
or from Council.
Power to register an instrument of amendment of a lease to or from Council. Section 67(1)
Power, as the relevant local government, to approve the instrument of lease Section 65(3A)
where it is for reconfiguring a lot within the meaning of the Planning Act 2016.
Power, as a lessor under a registered lease who has lawfully re-entered and Section 68(1)
taken possession under the lease, to lodge a request for the registrar to register
the re-entry.
Power, as a lessor or lessee under a registered lease, to execute and register Section 69(1)
an instrument of surrender of the lease.
Power, as a sublessee, to consent to the surrender of the lease. Section 69(2)
Power to register an instrument of easement benefiting or burdening land owned Section 82(1)
by Council.
Power, as the registered owner, lessee, person entitled to the land or public utility Section 83(1)(b)
provider, to sign an instrument of easement for particular easements.
Power, as the relevant local government, to approve the plan of survey for the Section 83(2)
creation of an easement giving access to a lot from a constructed road where it
is the reconfiguring of a lot under the Planning Act 2016.
Power, as the registered owner of a lot burdened by an easement in favour of a Section 85B(2)
public utility provider that is not a public thoroughfare easement, to recover from
the public utility provider a reasonable contribution towards the cost of keeping
the part of the lot affected by the easement in a condition appropriate for
enjoyment of the easement.
Power, as the registered owner of the lot benefited and the lot burdened by an Section 87
easement, to ask the registrar to extinguish the easement.
Power to register an instrument of surrender of an easement benefiting or Section 90(1)
burdening land owned by Council.
Power to sign an instrument of surrender of an easement. Section 90(2)
Power, as a lessee or sublessee of a lot benefited by an easement, to consent Section 90(3)
to surrender of the easement.
Power to register an instrument of amendment of an easement benefiting or Section 91(1)
burdening land owned by Council.
Power, as a local government and covenantee, to register an instrument of Section 97A
covenant.
Power, as a local government and covenantee, to register an instrument of Section 97C
amendment of a covenant.
Power, as a local government and covenantee, to sign and register an Section 97D
instrument of surrender of a covenant.
Power to register an instrument of profit a prendre benefiting or burdening land Section 97E
owned by Council.
Page 35 of 103
Section 36
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power, as the registered owner of the lot benefited and the lot burdened by a Section 97I
profit a prendre, to ask the registrar to extinguish the profit a prendre.
Power to register an instrument of amendment of a profit a prendre benefiting or Section 97K
burdening land owned by Council.
Power to register an instrument of release of a profit a prendre benefiting or Section 97L
burdening land owned by Council
Power to register instrument of carbon abatement interest for a lot owned by Section 97O
Council or over which Council has an interest.
Power, as a holder of a registered interest in land affected by a proposed grant Section 97P(c)
of a carbon abatement interest, to consent to the proposed grant.
Power to register instrument of amendment of a carbon abatement interest for a Section 97S(1)
lot owned by Council or over which Council has an interest.
Power to register instrument of surrender of a carbon abatement interest for a Section 97U(1)
lot owned by Council or over which Council has an interest.
Power to apply to be registered as owner of a lot as an adverse possessor. Section 99(1)
Power to withdraw an application to be registered as owner of a lot as an adverse Section 100
possessor and request that all documents lodged in support of the claim be
returned.
Power, as a person claiming an interest in a lot the subject of an adverse Section104
possession claim, to lodge a caveat.
Power, as a caveator given a written notice under subsection (1), to:- Section106(2)
(a) start a proceeding in the Supreme Court to recover the lot; and
(b) give written notice, in the way the registrar requires, to the registrar that
the proceeding has started.
Power, as a caveator that does not agree to the registration of the applicant for Sections107(2) and (3)
a lesser interest in the lot, to:-
(a) start a proceeding in the Supreme Court to recover the lot; and
(b) give written notice, in the way the registrar requires, to the registrar that
the proceeding has started.
Power, as an applicant, to sign the plan of subdivision as if the applicant were Section108A
the registered owner of the relevant lot.
Power, as the registered owner holding the interest in the lot as trustee, to lodge Section 110(1)
an instrument of transfer to register the interest as being held as trustee.
Power, as a person who is beneficially entitled under a will to a lot or an interest Section 112(1)
in a lot of a deceased registered proprietor, to apply to the registrar to be
registered as proprietor of the lot.
Power, as a person mentioned in section 114(1), to apply to the Supreme Court Section 114(2)
for an order to be registered as proprietor of the lot.
Power to lodge a caveat. Section 122
Power to withdraw a caveat. Section 125
Power, as a caveatee, to serve on the caveator a notice requiring the caveator Sections 126(2) and (3)
to start a proceeding in a court of competent jurisdiction to establish the interest
claimed under the caveat and to notify the registrar of service of the notice.
Power, as a caveator served with a notice under subsection (2), to:- Section 126(4)
Page 36 of 103
Section 37
DESCRIPTION OF POWER DELEGATED LEGISTATION
(a) start a proceeding in a court of competent jurisdiction to establish the
interest claimed under the caveat; and
(b) notify the registrar that a proceeding has been started and the identity
of the proceeding.
Power, as a caveatee, to apply to the Supreme Court for an order that a caveat Section 127(1)
be removed.
Power to lodge a request to cancel a caveat. Section 128(1)
Power to seek the leave of a court of competent jurisdiction to lodge a further Section 129(2)
caveat.
Power to deposit a priority notice for a lot. Section 139(1)
Power to deposit a request to extend a priority notice. Section 141(1)
Power to deposit a request to withdraw a priority notice. Section 143(1)
Power, as an affected person for a lot to which a priority notice applies, to apply Section 144(1)
to the Supreme Court for an order that the priority notice be removed.
Power to deposit a request to cancel a priority notice. Section 145(1)(a)
Power, as the depositor of a priority notice, to request a correction to the priority Section 149(1)
notice.
Power to comply with a requisition given to Council by the registrar. Section 156(3)
Power to apply to the registrar to relodge an instrument that the registrar has Section 159(4)
permitted to be withdrawn.
Power to comply with a requirement of the registrar to deposit an instrument for Section 160
correction or cancellation.
Power to comply with a requirement of the registrar to lodge a plan of survey for Section 165
the lot.
Power to lodge a standard terms document and amend a standard terms Section 169(1)
document on Council’s behalf.
Power to request the registrar to withdraw a standard terms document on Section 172(1)
Council’s behalf
Power, as a person affected by a correction, to apply to the Supreme Court for Section 186(2)
an order that the correction be amended or set aside.
Power, as a person with an entitlement to compensation under section 188 or Section 188B(1)
188A, to apply to the Supreme Court for an order:-
(a) for compensation to be paid by the State;
(b) directing the registrar to take stated action.
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.
Page 37 of 103
Section 38
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.”
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 38 of 103
Section 39
DELEGATION OF AUTHORITY
TITLE: LAND VALUATIONS
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Land Valuations Act 2010
Delegated Power:
1. 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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 39 of 103
Section 40
DELEGATION OF AUTHORITY
TITLE: LIQUOR
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
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 apply, as provided under the QCAT Act, to the tribunal for a review Section 30
of a decision of a commissioner.
Power to apply appeal a decision of the tribunal to the Court of Appeal. Section 35
Power to consent to the making of an application for an adult entertainment Section 105B
permit or to abstain from consenting to the application.
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 comment about an application relating to a restricted area. Section 117A
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 Section 173C(1)
of 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 Section 173D(1)
to 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
Page 40 of 103
Section 41
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 and (4)
designation on 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.
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. 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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 41 of 103
Section 42
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERNMENT
AUTHORITY TO SIGN
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Local Government Act 2009
Delegated Power:
1. To exercise the powers of Council pursuant to the Local Government Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to sign a document on behalf of a local government as a delegate of the Section 236
local government.
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register
Page 42 of 103
Section 43
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERNMENT ACT
FINANCE AND PROCUREMENT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Local Government Act 2009
Local Government Regulation 2012
Delegated Power:
1. To exercise the powers of Council pursuant to the Local Government Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to conduct a public benefit assessment of a new significant business Section 46(2)
activity
Power to prepare a report on the public benefit assessment in accordance with Section 46(5)
section 46(5) of the Local Government Act 2009.
Power to apply a code of competitive conduct to a business activity other than a Section 47(9)
business activity prescribed under a regulation.
Power to establish a system of financial management, except those parts of the Section 104(1)
system that must be adopted by resolution (e.g. 5-year corporate plan, budget
and operational plan).
Power to regularly review and update the financial policies of Council. Section 104(6)
Power to carry out a review of the implementation of the annual operational plan Section 104(7)
annually.
Power to give the public notice of the disbursement of funds not provided for in Section 110
the local government’s budget.
Power to make a submission as a local governing body within the meaning of Section 228(4)
the Local Government (Financial Assistance) Act to assist the Local Government
Grants Commission to make a decision about funding under the Local
Government (Financial Assistance) Act.
2. To exercise the powers of Council pursuant to the Local Government Regulation 2012.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to identify and assess each new significant business activity for possible Section 18
reform involving full cost pricing, commercialising, or corporatising the activity.
Power, when conducting a relevant business activity, to carry out all functions Section 41(1)
described in subsections (a), and (c) to (f).
Page 43 of 103
Section 44
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to ensure the public can inspect a copy of the report given to Council Section 53
under section 52.
Power to give notice of the resolution made pursuant to section 55(1) to the Section 55(4)
entities listed in subsection (4).
Power to establish a register of business activities to which the competitive Section 56(1)
neutrality principle applies.
Power in relation to a mall to do any of the following: Section 58(2)
(a) anything necessary or desirable for developing, managing, maintaining
(including cleaning), promoting or using a mall;
(b) permit the use of any part of the mall on conditions it considers appropriate;
(c) anything incidental to its powers mentioned in (a) or (b).
Power to keep a written record, in the way required by subsection (2), which Section 164
states the matters identified in subsection (1).
Power to spend money in a financial year before the budget is adopted if Council Section 173(1)
provides for that spending in the budget for the financial year.
Power to give a grant to a community organisation in the public interest and Section 194
consistent with the local government’s community grants policy.
Power to spend money on entertainment or hospitality consistent with the local Section 196(2)
government’s entertainment and hospitality policy.
Power to spend money on advertising to provide information or education that is Section 197(2)
in the public interest and consistent with the local government’s advertising
spending policy.
Power to:- Section 200
1. establish a trust fund;
2. deposit trust money in a financial institution account; and
3. reconcile the assets of the trust fund with the liabilities of the trust fund
at least monthly.
Power to transfer money to or from a trust fund in accordance with section 201. Section 201
Power to make publicly available an availability notice. Section 201B(4)
Power to establish separate accounting records for Council’s:- Section 203
(a) operations; and
(b) its trust fund.
Power to prepare a financial report. Section 204
Power to give the financial statements referred to in subsections (1) and (2) to Section 212
the auditor-general.
Power to give the department’s chief executive a notice stating that Council has Section 215
paid notional GST for the previous financial year.
Power to give the public notice of a proposed resolution to apply Chapter 6, part Section 218(2)(b)
2 to its contracts.
Power to allow the public to inspect and buy copies of the contracting plan that Section 220(8)
has been adopted.
Power to set the value limit for valuable non-current assets other than land. Section 224(7)(b)
Power to invite written quotes for a medium-sized contractual arrangement. Section 225(1)
Power to decide to accept a quote or to decide not to accept any of the quotes Section 225(3) and (4)
it receives for a medium-sized contractual arrangement.
Page 44 of 103
Section 45
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to enter a medium-sized contractual arrangement after first inviting Section 225
written quotes for the contract.
Power to invite written tenders for a large-size contractual arrangement. Section 226(1)
Power to enter a large-sized contractual arrangement after first inviting written Section 226
tenders for the contract.
Power to invite written tenders for a valuable non-current asset contract or to Section 227(1)
offer a non-current asset for sale by auction.
Power to enter a valuable non-current asset contract after first inviting written Section 227
tenders for the contract or offering the non-current asset for sale by auction.
Power to invite expressions of interest pursuant to section 228. Section 228(2)(b)
The local government:
(a) decides, by resolution, that it would be in the public interest to invite
expressions of interest before inviting written tenders; and
(b) records its reasons for making the resolution in the minutes of the meeting
at which the resolution was made.
Power to prepare a shortlist of people from the persons who responded to the Section 228(6)
invitation for expressions of interest and to invite written tenders from those
persons.
Power to invite all persons who submitted a tender to change their tender to take Section 228(7)
account of a change in the tender specifications.
Power to decide to accept a tender or not to accept any tenders it receives. Sections 228(8) and (9)
Power to enter into a medium-sized contractual arrangement or large-sized Section 230(1)
contractual arrangement in accordance with a quote or tender consideration plan
adopted by local government resolution.
Power to enter into a medium-sized contractual arrangement or large-sized Section 231(2)
contractual arrangement for services with a person on an approved contractor
list.
Power to put together an approved contractor list. Section 231(4)
Power to enter into a contract for a medium-sized contractual arrangement or Section 232(2)
large-sized contractual arrangement for the supply of goods or services with
a supplier from a register of pre-qualified suppliers.
Power to establish a register of pre-qualified suppliers of particular goods or Section 232(3)
services.
Power to invite suppliers to tender to be on a register of pre-qualified suppliers. Section 232(4)
Power to enter into a medium-sized contractual arrangement or large-sized Section 233(2)
contractual arrangement for goods or services with a preferred supplier under
a preferred supplier arrangement.
Power to enter a preferred supplier arrangement. Section 233(2)
Power to invite persons to tender for a preferred supplier arrangement. Section 232(3)
Power to enter into a contract for goods and services under an LGA Section 234(1)
arrangement.
Power to enter into a medium-sized contractual arrangement or large-sized Section 235
contractual arrangement in circumstances specified in section 235.
Page 45 of 103
Section 46
DESCRIPTION OF POWER DELEGATED LEGISTATION
Nb. For subsections 235(a) and 235(b) it is a legislative precondition to the
exercise of the power that Council first pass the resolution referred to in the
respective subsection.
Power to dispose of a valuable non-current asset other than by tender or auction Section 236
in circumstances specified in section 236.
Nb. For subsections 236(1)(a) to 236(1)(e) it is a legislative precondition to the
exercise of the power that Council first pass the resolution referred to in
subsection 236(2).
Power to publish and display relevant details of a contractual arrangement worth Section 237
$200,000.00 or more (exclusive of GST).
Power to make the adopted expenses reimbursement policy available for Section 251
inspection and purchase by the public and to publish that policy on Council’s
website.
Power to make a reasonable allocation of its administrative and overhead costs Schedule 4 section 5
to each relevant activity, having regard to all of a local government’s relevant
activities.
Power to ensure the terms on which the cost of resources is based are similar Schedule 4 section 6
to the terms on which they are made available in conducting the relevant entity.
Power to decide an amount for depreciation of an asset used in conducting Schedule 4 section 7
a relevant activity that is appropriate in the circumstances.
Power to work out tax equivalents for Commonwealth or State taxes Council is Schedule 4 section 8
not liable to pay as a local government and keep details of the calculations.
Power to take account of amounts equivalent to the cost of funds advantage Schedule 4 section 9
obtained over commercial interest rates because of a State guarantee.
Power to decide the amount for the return on capital used by a local government Schedule 4 section 10
in conducting a relevant activity.
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:
Page 46 of 103
Section 47
(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;
(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.
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. 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 47 of 103
Section 48
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 48 of 103
Section 49
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERNMENT ACT
GOVERNANCE
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Local Government Act 2009
Local Government Regulation 2012
Delegated Power:
1. To exercise the powers of Council pursuant to the Local Government Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to establish an efficient and effective internal audit function. Section 105(1)
Power, as a large local government, to establish an audit committee. Section 105(2)
Power to maintain public liability insurance and professional indemnity Section 107(1)
insurance.
Power to enter into a contract of insurance with WorkCover Queensland or Section 107(3)
another insurer to cover its councillors.
2. To exercise the powers of Council pursuant to the Local Government Regulation 2012.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to discharge Council’s responsibilities in a way that is consistent with the Section 165(4)
adopted 5-year corporate plan.
Power to discharge Council’s responsibilities in a way that is consistent with the Section 174(5)
adopted annual operational plan.
Power to omit information from the copies of the annual performance plan (which Section 175(3)
is part of the annual operational plan) made available to the public if subsections
(3)(a) and (b) are satisfied.
Power to publish Council’s annual report on Council’s website. Section 182(4)
Power to allow the public to inspect and purchase copies of the documents Section 199(2)
referred to in subsection (1).
Power to:- Section 207
(a) prepare an internal audit plan;
(b) carry out an internal audit;
(c) prepare a progress report for the internal audit;
(d) assess compliance with the internal audit plan; and
(e) give the documents referred to in subsection (3) to the audit committee.
Page 49 of 103
Section 50
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to appoint the members of the audit committee. Section 210(1)
Power to appoint one of the members of the audit committee as chairperson. Section 210(3)
Power to do all things specified in subsection (4) in relation to Council’s Section 306(4)
complaints management process and administrative action complaints.
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. 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.”
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 50 of 103
Section 51
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERMENT ACT
PEOPLE AND PAYROLL
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Local Government Act 2009
Local Government Regulation 2012
Delegated Power:
1. To exercise the powers of Council pursuant to the Local Government Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to:- Section 196(2)
(a) employ local government employees;
(b) agree to the terms and conditions of an employee’s employment
(including any variation to those terms); and
(c) terminate a local government employee’s employment.
This power does not include the power to appoint employees which is separately dealt
with under section 196(3) of the Act.
Power to agree with other local governments about the joint employment of a Section 198
local government employee.
Power, as a prescribed employee’s employer, to pay superannuation Section 219(1)
contributions payable for the employee into LGIAsuper.
Power, as a prescribed employee’s employer, to pay superannuation Section 219(2)
contributions payable for the employee into another fund directed by the
employee.
Power, as a local government other than the Brisbane City Council, to comply Section 219A
with a notice giving by the LGIAsuper Trustee under subsection 219A(1).
Power to pay a yearly superannuation contribution in the circumstances Section 220
prescribed in section 220.
Power, as a local government, to deduct all or part of the employee’s Section
contributions from the employee’s salary or any money that the employee owes 220A(4)
to Council.
Page 51 of 103
Section 52
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, in the circumstances set out in subsection 220B(1), to agree in writing Section
with an employee:- 220B(2)
(a) to reduce the pre-agreement contributions to the amount equal to
the employee’s concessional contributions cap for the financial
year; and
(b) if a yearly contribution made under section 220A(3) is part of the
pre-agreement contributions – on the extent, if any to which a
contribution mentioned in 220B(1)(a) of (b) will be reduced to
achieve the reduction.
Power, where the pre-agreement contributions are reduced under subsection Section
220B(2), to pay the amount of the reduction to the employee as salary. 220B(3)
Power, as an employer, to agree in writing with an employee:- Section 221(2)
(a) that the employee is exempt, on the grounds of the employee’s financial
hardship, from paying all or a stated part of the contributions payable
under section 220A(2) by the employee; and
(b) on the period, of not more than 1 year, of the exemption.
Power, as an employer, to give a copy of the agreement made under subsection Section 221(4)
220(2) to the relevant trustee.
Power, as an employer who has received a notice from the employee under Section 222(3)
subsection 222(2), to calculate the yearly contributions payable for the
employee based on the employee’s salary before it was decreased.
Power, in the circumstances set out in subsection 224(1), to pay interest on the Section 224(2)
amount of the contribution to the relevant fund for the employee.
Power, as a local government (other than the Brisbane City Council), to, for its Section 226(1)
councillors:-
(a) establish and amend a superannuation scheme; or
(b) take part in a superannuation scheme..
Power, as a local government who has exercised its power under subsection Section 226(2)
226(1), to pay an amount from its operating fund to the superannuation scheme
as a contribution for its councillors.
Power to enter into an arrangement with a councillor under which – Section 226(4)
(a) the councillor agrees to forgo a percentage or amount of the
remuneration that the councillor is entitled to as a councillor; and
(b) the local government agrees to contribute the percentage or amount
to the superannuation scheme for the councillor.
2. To exercise the powers of Council pursuant to the Local Government Regulation 2012.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to pay remuneration to each councillor. Section 247(1)
Power, in the circumstance identified in subsection (1), to make a Section 248(2)
submission to the remuneration commission for approval to pay a
councillor an amount of remuneration of more than the maximum amount.
Page 52 of 103
Section 53
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power, as a former employer, to pay the new employer an amount for the Sections 287(1)
number days of long service leave that the person is entitled to take
because of the person’s period of employment with the former employer.
Power, as a former employer, to provide the new employer with the Sections 287(3)
information specified in subsection (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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 53 of 103
Section 54
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERNMENT
RATES
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Local Government Act 2009
Local Government Regulation 2012
Delegated power:
1. To exercise the powers of council pursuant to the Local Government Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to register a charge over land for overdue rates and charges under Section 95
section 95 of the Local Government Act 2009.
Power to lodge documents with the Registrar of Titles for release of the charge if Section 95
overdue rates and charges are paid.
2. To exercise the powers of Council under the Local Government Regulation 2012.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to identify, in any way considered appropriate, parcels of rateable Section 77(2)
land to which a minimum amount of general rates apply.
Power to identify, in any way considered appropriate, the rating category to Section 81(4)
which each parcel of rateable land in the local government area belongs.
Nb. this section is only required where Council is levying differential general
rates.
Power to decide what rating category the land referred to in subsection (1) Section 82(2)
should be in.
Nb. this section is only required where Council is levying differential general
rates.
Power to ensure that each relevant rate notice is accompanied by, or Section 88(2)
contains, a rating category statement.
Nb. this section is only required where Council is levying differential general
rates.
Power to allow a longer period within which an owner of rateable land must Section 90(5)(b)
give an objection notice.
Page 54 of 103
Section 55
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, in the circumstances referred to in subsection (1), to pay unspent Section 96(2)
special rates or charges to the current owners of the land on which the special
rates or charges were levied.
Nb. this section is only required where Council is levying special rates or charges.
Power, in the circumstances referred to in subsection (1), to pay unspent Section 97(2)
special rates or charges (in the proportions stipulated in subsection (3)) to the
current owners of the land on which the special rates or charges were levied.
Nb. this section is only required where Council is levying special rates or charges.
Power, in the circumstance referred to in subsection (1), to return paid Section 97(2)
special rates or charges to the person who paid them.
Power to levy rates or charges by a rate notice. Sections 104
Power to include on a rate notice an amount, other than an amount for rates Sections 105
or charges, payable to Council.
Power to determine a period considered appropriate for the issue of a rate Section 107(1)
notice.
Power to give a rate notice and, if required, a rating category statement, Section 108
electronically.
Power, where land becomes, or stops being, rateable land, to adjust the Section 110
rates so that the rates are calculated only on the period when the land was
rateable land.
Power, if the value of the land changes under the Land Valuation Act, to Section 111
adjust the rates so that the rates are calculated on the new value of the land
for the period that starts on the day the change takes effect.
Power, if the land is given a rating category, including a change of rating Section 112
category, to adjust the general rates so that the rates are calculated on the
new or changed rating category for the period that starts on the day the land
was given the new or changed rating category.
Power, if the land becomes, or stops being, land on which the local Section 113
government may levy special rates or charges, to adjust the rates or
charges so that the rates or charges are calculated on the period when the
land was land on which the local government could levy special rates or
charges.
Power, in the circumstance of subsection (1), to adjust the rates or charges Section 114
so that the rates or charges are calculated only for the period when the
person was entitled to occupy the land.
Power, where rates or charges are paid before they are adjusted, to refund Section 115
the overpaid amount of rates or charges, or recover the amount of rates or
charges owing.
Power to levy rates or charges, or adjust a rates or charges levy in a Section 117
financial year, even though the resolution for making the rates or charges
was made for a previous financial year.
Page 55 of 103
Section 56
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to accept an application from a ratepayer made under subsection Section 122(3)
(1)(a).
Power to be satisfied that a ratepayer is eligible for a concession granted Section 122(4)
pursuant to a resolution made under subsection (1)(b).
Power, in the relevant circumstances of section 123, to grant a rebate of Section 123
rates or charges for land occupied by pensioners.
Power, in the circumstances referred to in subsection (1), to refund the Section 124(2)
amount of the rebated rates or charges to the ratepayer.
Power to still allow a discount where satisfied that the ratepayer has been Section 130(10)
prevented, by circumstances beyond their control, from paying the rates or
charges in time to get the discount.
Power to give a benefit that is not a discount as an inducement for payment Section 131
of rates or charges before the due date for payment.
Power, for interest on overdue rates or charges, to decide a later day from Section 133(1)(a)
which interest is payable.
Power, for interest on overdue rates or charges, to decide another way to Section 133(2)(b)
calculate interest, if an equal or lower amount will be payable.
Power, for interest on overdue rates or charges, to, for a day before 1 July Section 133(3)(a)
2019, decide the rate of interest payable.
Power to recover overdue rates or charges by bringing Court proceedings Section 134
for a debt.
Power to give the State or government entity that has an interest in the land Section 138(3)
under a State encumbrance a notice of Council’s intention to sell the land.
Power, where Council has by resolution decided to sell the land, to give all Section 140(3)
interested parties a notice of intention to sell the land.
Power, where Council has been paid the amount of the overdue rates or Section 141(3)
charges, and all expenses that Council has incurred in attempting to sell the
land, to end the procedures for selling the land.
Power to carry out the procedures to sell land for overdue rates or charges. Section 142
Power to set a reserve price for the sale by auction of land for overdue rates Section 143(1)
and charges.
Power to enter into negotiations with the highest bidder at the auction to sell Section 143(2)
the land for overdue rates or charges and to form an agreement to sell the
land.
Power, in the circumstances set out in subsection (1), to give the registrar of Section 145(2)
titles an appropriate form.
Power to use the proceeds of sale of the land for the purposes and in the Section 146
order specified.
Page 56 of 103
Section 57
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, where Council has by resolution decided to acquire the land for Section 149(2)
overdue rates or charges, to give all interested parties a notice of intention
to acquire the land.
Power, in the circumstances set out in subsection (1), to start the Section 150(2)
procedures to acquire land for overdue rates or charges.
Power, where Council has been paid the amount of the overdue rates or Section 150(3)
charges, and all expenses that Council has incurred in attempting to acquire
the land, to end the procedures for acquiring the land.
Power to carry out the procedures to acquire land for overdue rates or Section 151
charges.
Power to keep a land record. Section 154(1)
Power to include in a land record any other information considered Section 154(2)(e)
appropriate.
Power to provide access to or give copies of the land record kept by Council Section 155(4)
(including parts of the land record).
Power to record the details of the new owner in the land record. Section 162
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 57 of 103
Section 58
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERNMENT
ROADS AND STORMWATER DRAINS
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Local Government Act 2009
Local Government Regulation 2012
Delegated Power:
1. To exercise the powers of Council pursuant to the Local Government Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to exercise control of all roads in the local government area including the Section 60
ability to survey and resurvey roads, construct, maintain and improve roads,
approve the naming and numbering of private roads, and name and number other
roads.
Power to give the owner of land a notice of intention to acquire land. Section 61
Power to lodge the copy of a notice of intention to acquire land with the Registrar Section 61(6)
of Titles for registration on the instrument of title to the land.
Power to decide a claim for compensation for a notice of intention to acquire land. Section 62
Power to acquire land after service of notice of intention to acquire instead of Section 64
paying compensation for injurious affection.
Power to assess compensation for acquisition of land. Section 64
Power to serve notice of decision not to proceed to acquire land the subject of a Section 65(3)
notice of intention to acquire.
Power to withdraw notice of intention to acquire land. Section 65(4)
Power to lodge with Registrar of Titles for registration a notice of a decision not to Section 65(4)
proceed with, or to withdraw, notice of intention of realignment of road or part of
road.
Power to assess and pay the owner of land reasonable compensation for Section 66
decrease in value of land because of decision not to proceed with realignment of
a road or part of a road after giving a notice of intention to acquire land and
structural improvements have been made on land that adjoins the road.
Power to acquire land that adjoins a road for use as a footpath. Section 67
Power to submit objection to application for opening or closing of road in local Section 68
government area by someone other than the local government.
Page 58 of 103
Section 59
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to close a road (permanently or temporarily) to all traffic, or traffic of a Section 69(1)
particular class, if there is another road or route reasonably available for use by
the traffic.
(a) Power to close a road to all traffic, or traffic of a particular class:during a Section 69(2)
temporary obstruction to traffic; or
(b) if it is in the interests of public safety; or
(c) if it is necessary or desirable to close the road for a temporary purpose
(including a fair, for example).
Power to publish notice of closing of road. Section 69(3)
Power to do everything necessary to stop traffic using the road after it is closed. Section 69(4)
Power to permit the use of any part of a road after it is closed to traffic for a Section 69(5)
temporary purpose subject to appropriate conditions.
Power to make a temporary road through land adjoining the road to be used while Section 70(2)
the road is being remade or repaired.
Power to agree with owner or occupier of land regarding local government entry Section 70(3)
and the giving of written or oral notice as specified in section 70(3) and (4) of the and (4)
Local Government Act 2009.
Power to agree with the owner of land the amount of compensation for physical Sections 70(7)
damage caused by local government entering, occupying or using land under and (8)
section 70 of the Local Government Act 2009.
Power to fix and advise the owner or occupier or change the permanent level of a Sections 71(1)
road under section 71 of the Local Government Act 2009. and (3)
Power to agree the amount of compensation payable under section 71 of the Section 71(4)
Local Government Act 2009.
Power, in the circumstances set out in subsection 72(1), to require the entity that Section 72(2)
is conducting the activity to provide information that will enable the local
government to assess the impact of the activity on the road.
Power, in the circumstances set out in subsection 72(1), to assess impact of the Section 72(3)
activity on the roads.
Power to give the entity conducting an activity a direction about the use of the road Section 72(3)(
to lessen the impact or to require the entity to carry out works to lessen the impact a) and (b)
or to pay an amount as compensation for the impact.
Power to recover an amount of compensation payable under subsection Section 72(5)
72(3)(b)(ii) in a court.
Power to categorise the roads in the local government area according to the Section 73
surface of the road.
Power to prepare and keep up to date a map of every road including private roads Section 74(1)
in the local government area and a register of roads showing the category of every
road, the level of every road that has a fixed level and other particulars prescribed
under a regulation.
Power to approve the carrying out of works on a road or interference with a road Section 75
or its operation subject to conditions.
Page 59 of 103
Section 60
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to, by written notice, require the owner of a property to connect a Section 77
stormwater installation for the property to the local government’s stormwater drain
in the way, under the conditions and within the time stated in the notice.
Power to give approval for the connection of a stormwater installation to the local Section 77
government’s stormwater drain (including the imposition of conditions) in
accordance with section 77 of the Local Government Act 2009.
Power to give a notice requiring the owner of a property to perform sewerage Section 78
installation works.
Power to perform work to fix damage and recover reasonable costs for the work Section 79
from a person who puts a prohibited substance in the stormwater drain.
Power to provide a ferry service across a water course under section 80B of the Section 80B
Local Government Act 2009 including the leasing of the right to provide the ferry
service.
2. To exercise the powers of Council pursuant to the Local Government Regulation 2012.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to enter into arrangements necessary to perform the joint responsibility of Section 64(3)
the local government where a road or other work is to be, or has been, built: Local
(a) along the boundary between two or more local government areas; and
partly in each of the areas.
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 60 of 103
Section 61
DELEGATION OF AUTHORITY
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
Noosa Shire Council Local Law No.7 Waste Management 2018
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 61 of 103
Section 62
(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:
4. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
5. 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.
6. 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:
c) 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
d) 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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
2
Subject to the Planning Act 2016
Page 62 of 103
Section 63
DELEGATION OF AUTHORITY
TITLE: PEACEFUL ASSEMBLY
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Peaceful Assembly Act 1992
Delegated Power:
1. To exercise the powers of Council pursuant to the Peaceful Assembly Act 1992.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to nominate an officer of Council as a “representative”. Section 4
Power, as a local authority, to give a notice under subsection (2)(b) and Sections
impose conditions in the notice. 10(2)(b) and 11
Power, as an owner or occupier, to give a notice under subsection (2)(c). Section 10(2)(c)
Power, as a relevant authority, to consult under subsections (4) or (5). Sections 11(4) or
(5)
Power, as a relevant authority, to apply to a Magistrates Court for an order Section 12
refusing to authorise the holding of the assembly.
Power, as a relevant authority, to consult with each interested person. Section 13(1)(c)
Power, as a relevant authority, to engage in a mediation process. Section 13(1)(d)
Power, in the circumstances provided in subsection (3), to:- Section 13(3)
(a) fix a reasonable time and place for holding the consultations; and
(b) cause a notice of the time and place to be published in a newspaper
circulating in the area in which the assembly is proposed to be held.
Power, as a relevant authority, to notify the organiser in writing that it does not Section 15(1)
oppose the holding of the assembly.
Power, as a relevant authority, to participate in a mediation process. Section 15(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.
Page 63 of 103
Section 64
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 64 of 103
Section 65
DELEGATION OF AUTHORITY
TITLE: PLANNING AND ENVIRONMENT COURT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Planning and Environment Court Act 2016
Delegated Power:
1. To exercise the powers of Council pursuant to the Planning and Environment Court Act
2016.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to start a declaratory proceeding. Section 11(1)
Power, as the assessment manager, to start a declaratory proceeding for a Section 12(2)
matter done, to be done or that should have been done in relation to the call in.
Power, as a party to a P&E Court proceeding, to participate in an ADR process. Section 16
Power, as a party, to confer with the ADR registrar about the way to conduct the Section 16(3)
P&E Court proceeding.
Power, as a party to a P&E Court proceeding, to agree to the resolution of all or Section 18(1)
part of the dispute in an ADR process.
Power, as a party to a P&E Court proceeding who has agreed on resolution of Section 18(1)
the dispute, to sign the resolution agreement.
Power, as a party to a P&E Court proceeding, to apply to the P&E Court for an Section 20(1)
order giving effect to an agreement reached as a result of an ADR process.
Power, as a party to a P&E Court proceeding, to agree to the ADR registrar or Section 21(2)(a)
mediator disclosing information acquired as part of the ADR process.
Power, as a party to a P&E Court proceeding for which the ADR registrar is Section 26(2)
exercising, or has exercised, a power, to apply for a court review.
Power, as a party to a P&E Court proceeding, to consent in writing to the ADR Section 27(1)(a)
registrar making an order or direction in the proceeding.
Power to consent to a person starting a declaratory proceeding or a proceeding Section 41(2)(a)
for an enforcement order under the Planning Act on behalf of Council.
Power to pay the expenses, including legal costs, incurred by the representative Section 41(3)
in relation to the proceeding.
Power, as a party to a P&E Court proceeding, to appeal a decision in the Section 63(1)
proceeding.
Power to apply to the Court of Appeal for leave to appeal. Section 64(1)
Power to file and serve a Notice of Appeal following the granting of leave by Section 64(2)
the Court of Appeal.
Page 65 of 103
Section 66
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. 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.”
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 66 of 103
Section 67
DELEGATION OF AUTHORITY
TITLE: PLUMBING AND DRAINAGE
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Plumbing and Drainage Act 2018
Plumbing and Drainage Regulation 2019
Delegated Power:
1. To exercise the powers of the council pursuant to the Plumbing and Drainage Act 2018.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to approve a maximum temperature for a substance to be a prohibited Section
substance for section 75. 75(4)(e)
Power to approve the disposal of the contents of a greywater treatment plant Section 77
into the sewerage system for the area in which the plant is located.
Power, where an explanatory statement given under section 83 states that Section
Council may contact an occupier to arrange inspection of the work, to contact 83(7)(c)
the occupier.
Power to start a prosecution for an offence against the Act. Section 90
Power, generally, to administer the Act within Council’s local government area. Section 135
Power to administer the Act those areas not under Council’s control that it has Section 135(4)
been requested to administer by the entity that has control of the area.
Power to monitor greywater use facilities in Council’s local government area. Section 136
Power to monitor an on-site sewerage facility in Council’s local government Section 137
area.
Power to appoint an authorised person as an inspector under this Act, with or Section 139(1)
without conditions.
Power to notify the QBCC commissioner of the appointment of an inspector and Section 142
give the commissioner a list of Council’s inspectors.
Power to give an enforcement notice to a person who carried out plumbing or Section 143(1)
drainage work requiring the person to take stated action.
Power to give an enforcement notice to an owner of premises requiring the Section 143(3)
owner to take stated action.
Power to give a show cause notice to a person who Council proposes to give Section 144(1)
an enforcement notice.
Page 67 of 103
Section 68
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to form the reasonable belief that the plumbing or drainage is a danger Section 144(2)
to persons or a risk to public health.
Power to receive written submissions from a person given a show cause notice. Section
144(3)(b)
Power to form the reasonable belief that it is not possible or practical to take Section 145(2)
steps stated in section 145(2).
Power to consider written submissions from a person given a show cause Section
notice. 146(2)(b)
Power to give an action notice if provided for in a regulation. Section 150
Power to recover costs from the owner of premises for costs incurred in carrying Section
out plumbing or drainage work on the premises if provided for in a regulation. 157(2)(m)
Power to keep a register if provided for in a regulation. Section
157(2)(n)
2. To exercise the powers of the Council pursuant to the Plumbing and Drainage Regulation
2019.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to apply to the chief executive for a treatment plant approval. Section 16(1)
Power to apply to the chief executive to amend a treatment plant approval. Section 16(2)
Power to give the chief executive the information asked for under subsection Section 17(3)
(2).
Power, as the new holder, to give the chief executive notice of the transfer in Section 24(2)
the approved form.
Power to comply with a notice issued by the chief executive under subsection Section 26(2)
(1)
Power, as the owner of premises, to consent to the entry of the premises to Section 27(c)
carry out the inspection of the treatment plant.
Power, as the holder of a treatment plant approval, to make written Section 29(1)
representations about the show cause notice to the chief executive.
Power, as the holder of an existing treatment plant approval, to apply to the Section 34(1)
chief executive to renew the approval.
Power, where Council makes a fast-track work declaration or fast-track opt-out Section 41
declaration, to:-
(a) publish the declaration on Council’s website;
(b) give a copy of the declaration to the chief executive;
(c) if Council is a participating local government for a distributor retailer –
give a copy of the declaration to the distributor retailer;
(d) ensure a copy of the declaration may be inspected, free of charge, at
Council’s public office.
Power, in a circumstance listed in subsection (1), to give the applicant an Section 45(2)
information request.
Page 68 of 103
Section 69
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to consider each properly made application and decide to:- Section 46
(a) approve the application with or without conditions; or
(b) refuse the application.
Power, where Council decides to approve an application, to:- Section 48
(a) issue a permit, or an amended permit, to the applicant; and
(b) give a copy of the permit, or amended permit, to each entity listed in
subsection (b).
Power, in a circumstance listed in subsection (1), to give an information notice Section 50(2)
about the decision.
Power to give written consent for an application relating to SEQ water work. Section 53(e)(i)
Power to give written consent for an application relating to SEQ sewerage work. Section 53(f)(i)
Power, where Council has issued a permit and has not given a final inspection Section 59(3)
certificate for the work carried out under the permit at least 3 months before the
permit is to end, to give notice of the day the permit is to end to the entities listed
in subsection (3).
Power in the circumstances listed in the subsection (1), to allow the responsible Section 67(2)
person to give a covered work declaration for the work.
Power to inspect the work if the public sector entity asks Council to inspect the Section 68(3)
work under subsection (2).
Power to, instead of inspecting on-site sewage work, allow an appropriate Section 69(2)
person to give Council an on-site sewage work declaration.
Power, where Council has passed a resolution under subsection (1), to:- Section 71(2)
(a) publish each declaration on its website;
(b) give the chief executive a copy of the declaration;
(c) ensure the declaration may be inspected, free of charge, at the local
government’s public office; and
(d) ensure each remote area declaration includes a map identifying the
remote area.
Power, in the circumstances identified in subsection (1), to decide to:- Section 73(2)
(a) accept the remote area compliance notice; or
(b) otherwise, refuse to accept the notice.
Power, in the circumstances identified in subsection (1) and where Council has Section 73(3)
made a decision under subsection (2), to give the responsible person a decision
notice.
Power, in the circumstances identified in subsection (1) and where Council has Section 73(4)
refused to accept the remote area compliance notice, to ensure the decision
notice includes, or is accompanied by, an information notice.
Power, where Council is taken to have decided to refuse to accept the remote Section 73(6)
area compliance notice, to give an information notice about the decision.
Power, in the circumstances identified in subsection (1), to amend the approved Section 75(2)
plan so that it correctly represents the work carried out under the permit.
Page 69 of 103
Section 70
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give an inspection certificate for the work to the responsible person Section 83(1)
for the work.
Power to give a final inspection certificate for the work to the responsible person Section 84(1)
for the work.
Power to give a copy of the final inspection certificate to the entities listed in Section 86(1)
subsection (1).
Power, where Council receives a notice under subsection (2), to comply with Section 86(3)
the notice.
Power, where Council is taken under subsection (2) to have decided to refuse Section 87(3)
to give an inspection certificate or final inspection certified, to give an
information notice about the decision.
Power, where Council considers that a responsible person has not complied Section 98(3)
with the action notice, to give a copy of the notice to the owner of the premises.
Power to establish a program for:- Section 101
(a) registering each testable backflow prevention device installed at
premises in Council’s area;
(b) monitor the maintenance and testing of each device.
Power, in the circumstances listed in subsection (1), to:- Section 107(2)
(a) remove the obstruction or fix the damage; and
(b) fairly apportion the reasonable cost of removing the obstruction or fixing
the damage between the owners; and
(c) recover as a debt from each owner, the owner’s share of the cost.
Power, in the circumstances listed in subsection (1), to require by notice to the Section 108(2)
owner of the old building and the owner of the new building:-
(a) the owner of the old building to change the affected vents; and
(b) the owner of the new building to pay the owner of the old building the
reasonable cost of changing the affected vents.
Power to keep a register containing each document listed in subsection (1). Section 112
Power to keep a register containing each notice given to Council under section Section 113
102(2) or 103(3).
Power to keep a register containing each service report for a greywater use Section 114
facility or on-site sewage facility given to Council under section 106.
Power to keep a register containing a copy of each show cause notice and Section 115(1)
enforcement notice given by Council.
Power to remove a notice mentioned in subsection (1) from the register if the Section 115(2)
premises to which the notice relates are demolished or removed.
Power, in relation to each register kept under part 8, division 2, to allow a person Section 116
to:-
(a) inspect the register, free of charge, at Council’s public office; or
(b) buy a copy of an entry in the register for not more than the reasonable
cost of producing the copy.
Page 70 of 103
Section 71
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 71 of 103
Section 72
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 Section 36(5)
a 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.
3
Excludes SE Qld Councils
Page 72 of 103
Section 73
DESCRIPTION OF POWER DELEGATED LEGISLATION
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)
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 443(1)(b)
against the Act 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 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)
Power to comply with the indemnity conditions in relation to each asbestos- Section 454C(2)
related event to which the official conduct relates.
Power to give notice of the proceeding to the State. Section 454CA(2)
Power to ensure each authorised person who exercises powers under the Act Section 454G
in relation to an asbestos-related event has satisfactorily completed the training
prescribed by regulation.
Power to keep the records prescribed in subsections 454I(1), (2) for each Section 454I
asbestos-related event.
Page 73 of 103
Section 74
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 2, Divisions 1, 2 and 3. Sections 6, 16,
and 22
Power to approve a site for the disposal of asbestos waste. Section 12(2)(c)
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 74 of 103
Section 75
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 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.
Power to give a notice to the licensee requiring the licensee to give Council, within Section 48
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.
Page 75 of 103
Section 76
DESCRIPTION OF POWER DELEGATED LEGISLATION
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, within Section 50
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— Section 56
(a) a ground exists to suspend or cancel the licence; and
(b) 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 issue an identity card to an authorised person. Section 74
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 76 of 103
Section 77
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 Section 155
of 2 or more premises to which sections 153(2) and 154(2) apply, issue a single
licence to cover all the premises.
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. 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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 77 of 103
Section 78
DELEGATION OF AUTHORITY
TITLE: PUBLIC INTEREST DISCLOSURES
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Public Interest Disclosure Act 2010
Delegated Power:
1. To exercise the powers of Council pursuant to the Public Interest Disclosure Act 2010.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to: Section 30(1) and (2)
(a) decide not to investigate or deal with a public interest
disclosure in certain 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) and (2)
circumstances.
Power to give a person making a disclosure, or an entity referring a Section 32(1) and (2)
disclosure, reasonable information about the disclosure.
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
Page 78 of 103
Section 79
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 79 of 103
Section 80
DELEGATION OF AUTHORITY
TITLE: PUBLIC RECORDS
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Public Records Act 2002
Delegated Power:
1. To exercise the powers of Council pursuant to the Public Records Act 2002.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to make and keep records of Council’s activities. Section 7(1)(a)
Power to have regard to any relevant policy, standards and guidelines made by Section 7(1)(b)
the archivist about the making and keeping of public records.
Power to ensure the safe custody and preservation of Council’s records. Section 8(1)
Power to given written notice to the State archivist of the existence of a public Section 10(1)(a)
record in Council’s possession which is more than 25 years old.
Power to give a public record in Council’s possession, which is more than 25 Section 10(1)(b)
years old, to the State archivist.
Power to give a public record in Council’s possession, which is 25 years old or Section 11(2)
less, to the State archivist.
Power to take action to ensure that a public record remains able to be produced Section 14(2)
or made available.
Power to give written notice to the State archivist of a restricted access period Section 16
for a public record.
Power as a responsible public authority to give the State archivist a written notice Section 18(2)(b)
stating—
(a) the public authority has classified a record which has a restricted access
period as a record to which unrestricted access is allowed; or
(b) access to a record which has a restricted access period may be given
on conditions stated in the notice.
Power as a responsible public authority to give the State archivist written notice Section 19(2)
of a change to the restricted access notice for a record.
Power as a responsible public authority to refer a dispute about a restricted Section 19(4)
access notice for a public record to the committee.
Power to apply to the State archivist for, or consent to, an authorisation for the Section 26(1)
disposal of particular public records or classes of public records.
Power to make an arrangement with the State archivist for the storage of public Section 28
records.
Page 80 of 103
Section 81
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power as a public authority to make a written application to the committee for a Section 39(1)
review of a decision by made by the archivist refusing to authorise the disposal
of particular public records or classes of public records.
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. 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.”
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 81 of 103
Section 82
DELEGATION OF AUTHORITY
TITLE: QUEENSLAND HERITAGE
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Queensland Heritage Act 1992
Delegated Power:
1. To exercise the powers of Council pursuant to the Queensland Heritage Act 1992.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to apply to the Chief Executive to have a place entered or removed from Sections 36, 36A, 43,
the Queensland Heritage Register including all powers authorised or required 46, 48
by Part 4 of the Act for the purpose of making the application and having the
place entered in or removed from the Register.
Power to make a heritage submission (including power to agree to a later day Sections 41 and 42
for making the submission).
Power to make written representations to the chief executive about the place Section 43
the subject of an application under Part 4 of the Act.
Power to make oral representations to the Heritage Council about the Section 46(2)(a)
recommendation.
Power, as the owner, to make a written response to the Heritage Council about Section 46(2)(b)
the recommendation.
Power, as the owner, to consult with the chief executive about a proposed Section 46A(1)(c)
destroyed place recommendation.
Power to make written representations to the Heritage Council about the place Section 48
the subject of an application under Part 4 of the Act.
Power to request and make oral representations to the Heritage Council about Sections 49 and 50
the recommendation.
Power, as the owner, to give the Heritage Council a heritage response to the Section 50A
heritage recommendation.
Power, as the owner, to agree in writing with the Heritage Council on a later Section 50B(3)
day by which the heritage response must be given.
Power, as the owner of a place the subject of a heritage recommendation to Section 52
agree to extend the day for making the decision.
Power, as the owner of a place, to apply to the chief executive to have the Section 56B
place excluded from entry into the Queensland heritage register as a State
heritage place including all powers authorised or required by Part 4 of the Act
for the purpose of making the application and having the place excluded.
Page 82 of 103
Section 83
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power, as the owner of a place referred to in subsection (1), to give notice to Section 58
the chief executive before a prescribed application is made for the place.
Power, as the owner of a place in the circumstances referred to in subsections Section 59
(1) or (3), to advise the chief executive of a development approval and within
the relevant period advise the chief executive of the relevant application.
Power to make a submission about development the State proposes to carry Section 71
out on a Queensland heritage place.
Power, as a relevant person for a Queensland heritage place, to apply to the Sections 72 and 73
chief executive for an exemption certificate to carry out development
mentioned in subsection (3) on the place including all powers authorised or
required by Part 6, Division 2 to obtain the exemption.
Power to enter into a heritage agreement for a Queensland heritage place and Section 80
to agree to the changing or ending of a heritage agreement.
Power, as owner, to consent to the entering of a heritage agreement for a Sections 80(1)(b) and
Queensland heritage place and to agree to the changing or ending of a 80(2)(b)
heritage agreement.
Power, as a party to a heritage agreement, to apply to the Planning and Section 82
Environment Court for the orders required to secure compliance with the
agreement.
Power, as the owner of a Queensland heritage place, to comply with a repair Section 84(6)
and maintenance notice.
Power to give the chief executive notice of the discovery of an archaeological Section 89
artefact or underwater cultural heritage artefact.
Power to apply to the chief executive for compensation for a loss suffered Sections 94 and 95
because of the exercise of a power under section 92 including all powers
authorised or required by Part 9, Division 2 to obtain compensation.
Power to apply to QCAT for an external review of a compensation decision. Section 98
Power to apply to the chief executive for a permit to enter a protected area Sections 105 and 106
including all powers authorised or required by Part 10, Division 1 to obtain the
permit.
Power to respond to a show cause notice in relation to a proposal to cancel a Section 110
permit to enter a protected area.
Power to appeal to the Planning & Environment Court in relation to those Section 111
matters listed in subsection (1).
Power as a local government to keep a local heritage register for its area Sections 112, 112B,
including all powers authorised or required by Part 11, Divisions 1, 1A, 2, 3 and 113, 114, 116, 117, 118,
5, other than section 119, to keep the register. 120, 122
##Please note that section 112B and Part 11 divisions 2 to 5 do not apply
to those local governments identified in section 199##.
Power, as a person identified in subsection (1), to appeal to the Planning & Section 161
Environment Court against the decision.
Power, as a local government, to provide any information or assistance that the Section 165
Minister or chief executive reasonably requires for the purposes of the Act.
Conditions of Delegation:
Page 83 of 103
Section 84
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. 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.”
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 84 of 103
Section 85
DELEGATION OF AUTHORITY
TITLE: RIGHT TO INFORMATION
Part 1 - Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Right to Information Act 2009
Delegated Power:
1. 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 Section 22
way Council may disclose information.
Power to give access to a document created after the application is received but Section 27(2)
before notice is given under section 54.
Power to search for a document from a backup system if Council considers the Section 29(2)
search appropriate.
Power, as an agency, to participate in an external review. Section 89(1)
Power to apply to the information commissioner to participate in an external review Section 89(2)
if 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 Section 93(1)
deal 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 to comply with a reasonable request from the Commissioner for further Section 96(1)
assistance with an external review.
Power to make oral or written submissions to the Commissioner in an external Section
review. 97(2)(b)
Power to seek the approval of the Commissioner for Council to be represented by Section 97(3)
another person in an external review and to appoint the representative.
Power to respond to a preliminary inquiry from the Commissioner. Section 98
Power to give the applicant for external review and the commissioner an additional Section 99(1)
statement containing further and better particulars of the reasons for the decision.
Power to give the commissioner full and free access at all reasonable times to the Section 100
documents of the agency or Minister concerned, including documents protected
by legal professional privilege.
Page 85 of 103
Section 86
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give the commissioner a written transcript of the words recorded or Sections
contained in a document and a written document created using equipment that is 101(2) and (3)
usually available to Council for retrieving or collating stored information.
Power to conduct a particular further search, or further searches, for a document Section 102
when required to by the commissioner.
Power to comply with a notice issued by the commissioner pursuant to this section. Section 103
Power, as a participant in an external review, to apply to the information Section 111(2)
commissioner to correct an error in a written decision of the commissioner.
Power, as an agency, to apply to the information commissioner for the declaration Section 114(1)
of an applicant as a vexatious applicant.
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 Section 119
against a decision of the information commissioner on the external review.
Power to make an application to the information commissioner to extend the 10 Schedule 4,
year period during which disclosure of certain information cannot be made. Part 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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 86 of 103
Section 87
DELEGATION OF AUTHORITY
TITLE: STATE PENALTIES ENFORCEMENT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
State Penalties Enforcement Act 1999
Delegated Power:
1. To exercise powers of the Council pursuant to the State Penalties Enforcement Act 1999.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as administering authority, to approve a form for an infringement Section 15(1)
notice.
Power, as administering authority, to approve (or refuse where the Section 23
conditions in this section have not been complied with) an application for
payment of a fine by instalments.
Power, as administering authority, to submit particulars required for Section 24(1)
registration of approval of instalment payments with the State Penalties
Enforcement Registry.
Power, as administering authority, to withdraw an infringement notice at Section 28(1) and
any time before the fine is satisfied in full and take steps required by (2)
subsection (2).
Power, as administering authority, to give the State Penalties Enforcement Section 33(1)
Registry a default certificate for registration in respect of any recipient of
an infringement notice who has not taken action within the time period
provided by the infringement notice.
Power, as administering authority, to Section 57(5)
(a) commence proceedings against an applicant for an offence; or
(b) accept payment of the fine in full; or
(c) issue a fresh infringement notice
where the registrar has cancelled an enforcement notice and referred the
matter back to Council.
Power, as an employer who pays earnings to an employee for whom a fine Section 81
collection notice for redirection of the enforcement debtor’s earnings is in
force, to when paying the earnings, deduct an amount from the earnings
as required under Part 5, Division 4.
Power, as an administering authority, to state any matter in subsection (2) Section 157(2)
is evidence of the matter.
Page 87 of 103
Section 88
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to request the Registrar to give a Section 157(4)
certificate under subsection (3).
Power to approve forms for use as infringement notices. Section 162
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 88 of 103
Section 89
DELEGATION OF AUTHORITY
TITLE: STATUTORY BODIES FINANCIAL ARRANGEMENTS
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 –Section 257
Statutory Bodies Financial Arrangements Act 1982
Delegated Power:
1. 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 Section 31(1)
a 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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 89 of 103
Section 90
DELEGATION OF AUTHORITY
TITLE: SUMMARY OFFENCES
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Summary Offences Act 2005
Summary Offences Regulations 2006
Delegated Power:
1. To exercise the powers of Council pursuant to the Summary Offences Act 2006.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to authorise a person to busk in a public place. Section 8(2)(b)
Power to recover from the owner of a place, as a debt, any damages, including Section 32(3)
costs, paid by Council under section 32(2), if the breach of duty by the owner
that caused the injury to, or death of, a local graffiti removal officer amounts to
gross negligence.
Power to make an agreement with the owner of a place in relation to the fee Section 33(2)
payable by Council to the owner for the removal of public graffiti by the owner.
2. To exercise the powers of Council pursuant to the Summary Offences Regulations 2006.
DESCRIPTION OF POWER DELEGATED LEGISTATION
Power to consult with an entity that intends to make an application for an area Section 10(1)(a)
of public land to be prescribed as motorbike control land about the proposal.
Power, as entity having a legitimate interest in the area, to consult with a Section 14(3)
government entity for the purposes of reviewing the number and location of
prescribed areas of motorbike control land.
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. 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:
Page 90 of 103
Section 91
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.”
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 91 of 103
Section 92
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.
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. 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
Page 92 of 103
Section 93
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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 93 of 103
Section 94
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, 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 Section 101(1)
a 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 Section 104
an arrangement with a person who owns or has an interest in the land.
Power to install a parking meter or parkatarea 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.
Page 94 of 103
Section 95
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.
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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 95 of 103
Section 96
DELEGATION OF AUTHORITY
TITLE: WASTE REDUCTION & RECYCLING
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Waste Reduction and Recycling Act 2011
Waste Reduction and Recycling Regulation 2011
Delegated Power:
1. To exercise powers of the Council pursuant to the Waste Reduction and Recycling Act 2011.
NOTE: The State (via DERM as it was previously known) has delegated certain powers of the chief
executive to local governments under section 263(1)(b) of the Waste Reduction and Recycling Act
2011 This has been done via:
the Waste Reduction and Recycling (Local Government) Delegation (No. 1) 2015.
The delegations specifically include the power to sub-delegate to an “appropriately qualified entity”
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to make an exempt waste application to the chief executive. Section 28
Power to provide further information or documents for an exempt waste Section 29
application if required by the chief executive.
Power to agree with the chief executive about extending the time for providing Section 29(2)
further information or documents for an exempt waste application.
Power, as the holder of an approval of waste as exempt waste, to request an Section 33
amendment of the approval, and agree with the chief executive to the
amendment of the approval.
Power, as the holder of an approval of waste as exempt waste, to make Section 34(3)
submissions in response to a notice from the chief executive about cancelling
or amending the approval.
Power, in conducting a recycling activity prescribed by regulation, to make a Section 4 4(1)
residue waste discounting application to the chief executive
Power, . the applicant for a residue waste discounting application, to provide Section 45
further information or documents for the application if required by the chief
executive.
Power to agree with the chief executive about extending the time for providing Section 45(2)
further information or documents for a waste residue discounting application.
Power, as the holder of an approval of a discounted rate for the waste levy for Section 49
residue waste, to request an amendment of the approval, and agree with the
chief executive to the amendment of the approval.
Page 96 of 103
Section 97
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the holder of an approval of a discounted rate for the waste levy for Section 50(3)(e)
residue waste, to make submissions in response to a notice from the chief
executive about cancelling or amending the approval.
Power, as the operator of a waste disposal site, to receive and request delivery Section 53
information for waste.
Power, as the operator of a resource recovery and transfer facility, to receive Section 54
and request delivery information for waste.
Power, as the operator of a levyable waste disposal site, to pay the chief Section 56
executive the waste levy, including any interest.
Power, as the operator of a waste disposal site in the waste levy zone, to Sections 56 and
ensure a weighbridge is installed and operates at the site, is brought back into 57
operation if out of operation, and give notice to the chief executive where the
weighbridge is out of operation and brought back into operation, as required by
sections 56 and 57.
NOTE: an exemption may apply until 30 June 2029 pursuant to chapter 16,
part 3, division 2.
Power to measure and record waste as required by sections 59, 60 and 61. Sections 59, 60
NOTE: an exemption may apply until 30 June 2029 pursuant to chapter 16, and 61
part 3, division 2.
Power, as the operator of a waste disposal site, to agree with the chief Section 60(3)
executive about an alternative way to measure and record the waste.
Power, as the operator of a waste disposal site and where the chief executive Sections 63, 64,
has given Council a notice under section 63(2), to install, maintain and operate 65 and 66
a monitoring system as required by the notice, and comply with sections 64, 65
and 66.
Power, as the operator of a levyable waste disposal site, to carry out volumetric Sections 67, 68
surveys, ensure volumetric surveys are carried out, and give the chief executive and 69
copies of the results of the volumetric surveys as required by sections 67, 68
and 69.
Power, as the operator of a levyable waste disposal site, to give the chief Section 72
executive a waste data return.
Power, as the operator of a levyable waste disposal site, to keep the documents Section 72A
stipulated in section 72A.
Power, as the operator of a levyable waste disposal site, to apply to the chief Section 72C
executive to enter a waste levy instalment agreement, and enter the
agreement.
Power, as the operator of a levyable waste disposal site, to apply to the chief Section 72D
executive for an amendment of a waste levy instalment agreement, and enter
the amendment agreement.
Power, as the operator of a levyable waste disposal site, to apply to the chief Section 72G
executive for an extension of time to pay a waste levy amount.
Page 97 of 103
Section 98
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the operator of a levyable waste disposal site, to apply to the chief Section 72H
executive for an extension of time to submit a waste data return and pay a
waste levy amount.
Power, as the operator of a levyable waste disposal site where the chief Section
executive has decided an estimated waste levy amount under section 72J, to 72J(3)(c)
adjust the waste levy amount payable if a different amount is decided under a
review of the chief executive’s decision on the estimated waste levy amount.
Power, as the operator or former operator of a waste disposal site who is Section 72L
eligible for a bad debt credit, to apply to the chief executive for relief.
Power to respond to a notice from the chief executive requiring further Section 72M(1)
reasonable information or documents about the application for a bad debt
credit.
Power to agree with the chief executive about extending the time for providing Section 72M(2)
the further information or documents.
Power, as the operator of a waste disposal site, to declare an area within the Sections 72R
site as a resource recovery area by giving the chief executive notice of a and 72S
proposed resource recovery area.
Power, as the operator of a waste disposal site with a resource recovery area, Section 72U
to amend the declaration as a resource recovery area by giving the chief
executive notice of the proposed amendment.
Power, as the operator of a waste disposal site with a resource recovery area, Section 72V
to cancel the declaration as a resource recovery area by giving the chief
executive notice of the proposed cancellation.
Power, as the operator of a waste disposal site with a resource recovery area Section 72W
and where the chief executive proposes to revoke the declaration, to make
submissions to the chief executive to show why the declaration should not be
revoked.
Power, as the operator of a waste disposal site with a resource recovery area, Section 72X
to keep the documents and results stipulated in section 72X.
Power, as the operator of a resource recovery area at a waste disposal site in Section 72Y
the waste levy zone, to carry out volumetric surveys, ensure volumetric surveys
are carried out and give the chief executive a copy of the results of the
volumetric survey as required by section 72Y.
**NOTE: section 72Y only applies from 01 June 2020.
Power, as the operator of a resource recovery area at a waste disposal site not Section 72Z
in the waste levy zone, to carry out volumetric surveys, ensure volumetric
surveys are carried out and give the chief executive a copy of the results of the
volumetric survey as required by section 72Z.
Power, as the operator of a waste disposal site that has declared, or claims to Section 73A
have declared, a resource recovery area under section 72S, to ensure that the
resource recovery area complies with section 73A(2).
Power, as the operator of a waste disposal site that has declared a resource Section 73C(2)
recovery area and there is a change to the physical barrier or points of access
for the resource recovery area that does not change the boundaries of the area,
Page 98 of 103
Section 99
DESCRIPTION OF POWER DELEGATED LEGISLATION
to amend the plan of the waste disposal site, and give the chief executive notice
and a copy of the amended plan.
Power, as the operator of a waste disposal site that has declared a resource Section 73C(3)
recovery area and there is a change to the recycling activities, to advise the
chief executive of the change.
Power, as the operator of a waste disposal site that has declared a resource Section 73C(4)
recovery area and there is a change to the entity having responsibility for the
operation of the resource recovery area, to advise the chief executive of the
change.
Power, as a local government affected by the waste levy, to receive an annual Sections 73D(1)
payment from the chief executive and use that payment to mitigate any direct and (2)
impacts of the waste levy on households in Council’s local government area.
Power, as a local government affected by the waste levy that receives an Section 73D(4)
annual payment from the chief executive, to include a statement on rate notices
that informs the ratepayer of the amount paid to the local government and the
purpose of the payment.
Power to apply to the chief executive for accreditation as scheme manager for Section 89
a voluntary product stewardship scheme.
Power, as a participant in an accredited stewardship scheme, to amend the Section 95
scheme by agreement with all other participants in the scheme.
Power, as scheme manager of an accredited stewardship scheme that the Section 97
minister is proposing to revoke, to make written submissions to show why the
proposed action to revoke the accreditation should not be taken.
Power to claim a refund amount for an empty container under chapter 4, part Sections 99S(1)
3B, division 3, subdivision 1. and 99U(1)
Power, as the operator of a container refund point, to accept the container and Section 99S(2)
pay the person the refund amount for the container.
Power, as the operator of a container refund point, to:- Section 99Y(1)
(a) keep each refund declaration given to the operator for at least 5 years
after the declaration was given;
(b) for the proof of identity document mentioned in section 99T(3)(c) that
accompanied the declaration, make a copy of the proof of identity
document and keep the copy with the declaration for at least 5 years
after the declaration was given;
if asked by an authorised person - produce the declaration and copy of the
proof of identity document for inspection by the authorised person.
Power, as the operator of a container refund point, to enter a container Section 99ZA
collection agreement with the Organisation.
Power, as the operator of a container refund point, to claim a collection amount Section 99ZB
from the Organisation for containers collected.
Power, as the operator of a material recovery facility, to enter a material Section 99ZF
recovery agreement with the Organisation.
Page 99 of 103
Section 100
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the operator of a material recovery facility, to claim the recovery Section 99ZH
amount from the Organisation.
Power, as the operator of a material recovery facility, to comply with the Section 99ZL
recovery amount protocol.
Power, as delegate of the chief executive administering the Act, to give a notice Section 110
to an adult person.
As this power relates to Chapter 5, Part 2 of the Act.
Power, as delegate of the chief executive administering the Act, to give a notice Section 111
to an adult person.
As this power relates to Chapter 5, Part 2 of the Act.
Power, as delegate of the chief executive administering the Act, to direct a Section 112
responsible entity to collect material from premises.
As this power relates to Chapter 5, Part 2 of the Act.
Power, as a local government, to prepare and implement a waste reduction and Section 123
recycling plan (Nb. this obligation does not commence until 30 June 2015).
Power to make written submissions where the chief executive intends to Section 128
prepare a waste reduction and recycling plan for the local government to
address an aspect that is relevant to the local government.
Power, as a local government, to give the chief executive a report about the Section 147
operation, in the financial year, of all the local government’s waste reduction
and recycling plans in force in its local government area (Nb. this obligation
does not commence until 2 months after 30 June 2015).
Power, as a reporting entity, to give the chief executive a report about the Section 152
entity’s receiving, sorting, recycling, treatment or disposal of waste in the
financial year.
Power to make a submission about a potential end of waste code Section 160
Power to make a submission about a draft end of waste code Section 165
Power to apply to amend an end of waste code Section 168
Power, in relation to an end of waste code which the chief executive proposes Section 172
to amend, cancel or suspend, to make written submissions about the proposed
action. .
Power to give the chief executive a notice stating that Council intends to Section 173B(1)
become a registered resource producer for the code.
Power to give the chief executive a notice in the approved form. Section 173B(3)
Power to make a submission in response to a notice issued by the chief Section 173D
executive.
Power to respond to a request for advice, comment or information about the Section 173H
operation of an end of waste code issued by the chief executive.
Power to apply to the chief executive for an end of waste approval to conduct Section 173I
a trial for 1 kind of waste.
Power to comply with the conditions of an end of waste approval. Section 173K
Page 100 of 103
Section 101
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to apply to the chief executive to extend an end of waste approval. Section 173L
Power to apply to the chief executive to amend an end of waste approval. Section 173M
Power to apply to the chief executive to transfer an end of waste approval. Section 173O
Power to respond to a request from the chief executive for advice, comment or Section 173Q
information about the operation of Chapter 8, Part 3.
Power to respond to a request from the chief executive for further information Section 173T
or documents required to decide an application under chapter 8A.
Power to respond to a show cause notice from the chief executive. Section 173ZB
Power to surrender an approval by giving notice to the chief executive officer. Section 173ZE
Power to respond to a notice from the chief executive requiring information Section 173ZF
about an approval.
Power, where given, or entitled to be given, an information notice for a decision, Section 175
to apply to the chief executive for an internal review of the decision.
Power to, as delegate of the chief executive administering the Act, apply for an Section 175
internal review of the decision.
As this power relates to sections 248(2) and 253(3) of the Act.
Power to, as delegate of the chief executive administering the Act, extend the Section 176(2)
time for making an internal review application.
As this power relates to sections 248(2) and 253(3) of the Act.
Power, where an internal review application has been made, to apply for a stay Section 177
of the original decision.
Power to, as delegate of the chief executive administering the Act, conduct an Section 178
internal review of the original decision and decide the internal review
application.
As this power relates to sections 248(2) and 253(3) of the Act.
Power to, as delegate of the chief executive administering the Act, give notice Section 179
of an internal review decision.
As this power relates to sections 248(2) and 253(3) of the Act.
Power, where given, or entitled to be given, a QCAT information notice under Section 180
section 179 of the Waste Reduction and Recycling Act 2011, to apply to QCAT,
under the QCAT Act, for external review of the decision.
Power, as delegate of the chief executive administering the Act, to appoint a Section 183
person as an authorised person.
Any appointment of an authorised person must be subject to the limitation that
an authorised person can only exercise the powers in section 117 and Chapter
10 of the Act in relation to the following offences:
- Chapter 5, Parts 1, 2 and 3, Division 1 and 2 of the Act;
- Section 251(a);
- Section 251(c);
- Section 254; and
- Section 264.
Page 101 of 103
Section 102
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as delegate of the chief executive administering the Act, to issue an Section 187
identity card to an authorised person.
Power, as delegate of the chief executive administering the Act, to give a show Section 246
cause notice.
As this power relates to sections 103(1), 104(1), 107(1), 108, 109(1) or (2) and
112(2) of the Act.
Power, as delegate of the chief executive administering the Act, to give a Sections 248
compliance notice. and 249
As this power relates to sections 103(1), 104(1), 107(1), 108, 109(1) or (2) and
112(2) of the Act.
Power, as delegate of the chief executive administering the Act, to give a notice Sections 253
requiring the person to commission a waste audit and to provide a waste report
on the audit.
As this power relates to section 104 of the Act
Power to bring a proceeding in a Magistrates Court for an order to remedy or Section 261
restrain an offence against the Act. or a threatened or anticipated offence
against the Act.
Power, as an operator of a levyable waste disposable site, to apply to the chief Sections 317(2)
executive for an exemption during the transition period from the requirements
of section 57.
Power, as an operator of a levyable waste disposable site in the waste levy Sections 323
zone, to carry out a volumetric survey, ensure a volumetric survey is carried
out, give a copy of the results of the volumetric survey to the chief executive,
and keep a copy of the results as required by section 323.
Power, as an entity having responsibility for the operation of a resource Sections 324
recovery area for a waste disposal site in the waste levy zone, to carry out a
volumetric survey, ensure a volumetric survey is carried out, give a copy of the
results of the volumetric survey to the chief executive, and keep a copy of the
results as required by section 324.
Power, as an operator of a small site, to give the chief executive written notice Sections 325
of a proposed alternative methodology for measuring and recording waste at
the site and implement that alternative methodology.
NOTE: this section only applies until 30 June 2021.
2. To exercise powers of the Council pursuant to the Waste Reduction and Recycling
Regulation 2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, where Council has, by resolution, designated areas to conduct general Section 7(b)
waste or green waste collection, to decide the frequency of general waste or
green waste collection in designated areas.
Power, where the container collection agreement allows the operator to Section 22(3)
subcontract the operation of the container refund point, to give the Organisation
notice of the information contained in subsection (3)
Page 102 of 103
Section 103
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to sign the notice about a recovery sharing arrangement on behalf of Section 26(3)(a)
Council.
Power to give the information required by sections 41Q(2) and 41Q(3) to the Section 41Q
Chief Executive
Power to give the information required by sections 41ZL(1) and 41ZL(2) to the Section 41ZL
Chief Executive.
Power to prepare an emergency plan and keep it up to date. Section 41ZM
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 103 of 103