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2022-02-08 - S&O Agenda - Item 1 - ATTACHMENT 3 - 2021 DELEGATIONS OF AUTHORITY ANNUAL REVIEW REPORT
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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permitted to be withdrawn.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.
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