2022-02-08 - S&O Agenda - Item 1 - ATTACHMENT 3 - 2021 DELEGATIONS OF AUTHORITY ANNUAL REVIEW REPORT

 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.


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