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2017-12-12 S&O Agenda - Attachment 1 to Item 7 - Updated Delegations of Authority
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Services & Organisation Committee
12 December 2017
Item 7 - ATTACHMENT 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 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 de sexing is likely to be a serious risk to the health of Section 75(3)
a dog.
Power to impose conditions on the grant of an application for a restricted dog Section 75(5)
permit.
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 give a dog owner a proposed declaration notice regarding a dog. Section 90
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Section 2
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 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
(c) 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.
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.
Page 2 of 67
Section 3
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: BUILDING ACT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 Section 257
Building Act 1975
Delegated Power:
1. To exercise powers of the Council pursuant to the Building Act 1975.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an assessment manager, to determine whether a building development Section 34A(2)
application complies with the building assessment provisions and if it does, to
approve the application.
Power, as an assessment manager, to consult with the chief executive about the Section 41(1)
variation application.
Power, as a referral agency, to appoint or employ a building certifier to carry out Section 46(5)
the assessment against the fire safety standard.
Power, under the Planning Act to receive, assess and decide a building Section 51(2)(a)
development application.
Power to appoint or employ a private certifier or another building certifier. Section 51(2)(b)
Power to appoint or employ a building certifier where asked in writing by the Section 51(3)
nominated owner and the building work has not been certified.
Power to issue a building development approval. Section 52
Power, in carrying out functions under the Building Act, to accept and, without Section 53(2)
checking, rely and act on a certificate or other document made by or given to the
building certifier.
Power to accept and, without further checking, rely and act on a document, given Section 54
to Council by a private certifier for a building development application, for the
purpose of making it available for inspection or purchase as required by the
Planning Act.
Power, as assessment manager, in relation to undecided building development Section 55
applications and lapsed building development approvals, to resume or start the
development assessment process under the Planning Act at any stage the
assessment manager considers apropriate.
Power, as the holder of a registered easement or statutory covenant, to consent Section 65
to building work.
Page 3 of 67
Section 4
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the assessment manager, to give a reminder notice about the lapsing. Section 95
Power to give a private certifier a document acknowledging receipt of the fee Section 87
mentioned in subsection 86(1)(c).
Power to take the action it considers necessary to complete the building work Section 92(2)
where the building development approval lapses and the building work is other
than demolition.
Power to use all or part of any security given to the local government for the Section 92(5)
carrying out of the building work.
Power to refund or release part of any security given to the local government for Section 93(1)
the carrying out of the building work, at any time, having regard to the progress of
the building work.
Power to decide an application to extend the period mentioned in subsection Section 71
71(3), to consult with an entity in deciding the application and to give notice of the
decision.
Power to consult with a private certifier with regard to further extensions of the Section 97(2)
period under the Planning Act, s 341 (When approval lapses if development not
started).
Power, as the assessment manager, to take enforcement action against an owner Section 117
contravening section 114 of the Act.
Power to give a building certifier a notice (‘show cause notice’). Section 206(1)
Power to consider any representations made under the show cause notice and Section 207
decide to take no further action, or apply to the Queensland Civil and
Administrative Tribunal to start a disciplinary proceeding against the building
certifier.
Power to apply to the Queensland Civil and Administrative Tribunal to conduct Section 208(1)
disciplinary proceeding to determine whether there are proper grounds for taking
disciplinary action against a building certifier.
Power to notify the QBCC of its application to the Queensland Civil and Section 210
Administrative Tribunal.
Power to consult with any other entity considered appropriate in deciding an Section 221(2)
application made by the owner of a budget accommodation building to approve a
period for the building under section 220(a)(ii) or (b)(ii) (longer periods for
approval).
Power to grant (including with reasonable conditions) or refuse an application Section
made by the owner of a budget accommodation building to approve a period for 221(2)(b) and
the building under section 220(a)(ii) or (b)(ii) (longer periods for approval). (3)
Power to decide the application and give the owner an information notice about Section 221(4)
the decision.
Power to, on written application from the owner, decide whether or not a building Section 222(2)
conforms with fire safety standards and, if applicable, state what must be done to
make the building conform.
Power to inspect budget accommodation buildings at least once every 3 years. Section 228
Power, as local government, to approve, with or without conditions, a later day for Section 231AK
a residential care building to comply with section 231AK of the Building Act. (a)(iii) and (b)(iii)
and section
231AL
Page 4 of 67
Section 5
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as local government, on an application by the owner of an RCB for a later Section 231AL
day to obtain a fire safety compliance certificate or certificate of classification to: and (b)(iii) and
(a) consult on the application; section 231AL
(b) decide the application;
(c) impose conditions on the grant of an application;
(d) give an information notice about the decision.
Power to require the applicant to give medical evidence to support the Section 236
application.
Power to, on application by a pool owner, decide an application for exemption Section 237
from complying with part of the pool safety standard relating to barriers for a
regulated pool due to disability (with or without conditions).
Power to give notice of Council’s decision (including an information notice about Section 238
the decision).
Power to give notice of each exemption granted under Chapter 8, Part 2, Division Section 239
3 to the QBCC commissioner.
Power to give an applicant a show cause notice. Section 242(2)
Power to give to the QBCC commissioner notice of each revocation notice given. Section 243
Power to keep a copy of each exemption granted and make the copy available for Section 244
inspection and purchase as if it were a document, that under the Planning Act,
the local government must make available for inspection and purchase.
Power to, on application by a pool owner for exemption from complying with part Section 245A
of the pool safety standard relating to barriers for the regulated pool due to
compliance being impracticable, require further information to establish that
compliance with the part of the pool safety standard is not practicable.
Power to, on application by a pool owner, decide an application for exemption Section 245B
from complying with part of the pool safety standard relating to barriers for the
regulated pool due to compliance being impracticable (with or without conditions).
Power to give written notice of the grant of an exemption. Section 245C(1)
Power to give an information notice. Section 245C(2)
Power to give the owner of the regulated pool a show cause notice. Section 245E(2)
Power to consider any representations made under the show cause notice and Section 245E(3)
give a further notice (a revocation notice) to the owner, revoking the decision
previously given.
Power to give the QBCC commissioner the notices required by sections 245F(1) Section 245F
and 245F(2).
Power to keep a copy of each exemption available for inspection and purchase as Section
if it were a document that, under the Planning Act, must be available for 245FA(2)
inspection and purchase.
Power, as owner of adjoining land, to agree with the pool owner as to the Section
construction of a pool barrier along the common boundary. 245XB(2)
Power, as owner of adjoining land, to agree with the pool owner as to the Section
alteration or replacement of a dividing fence that is used, or proposed to be used, 245XD(2)
as a pool barrier along the common boundary.
Page 5 of 67
Section 6
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as owner of adjoining land where a pool barrier is constructed along the Section
common boundary for a pool on the other land, to: 245XF(2) and
•alter or replace the part of the pool barrier with the agreement of the pool owner; (3)
or
•attach a think on the part of the pool barrier that does not unreasonably or
materially alter or damage the barrier.
Power, as owner of adjoining land, to grant access to Council’s land to the owner Section
of the other land to carry out fencing work. 245XG(1)
Power, as owner of adjoining land, where Council has carried out urgent fencing Section
work under section 245XK of the Building Act and the owner of the other land is 245XN(2)
responsible for some or all of the costs of carrying out the fencing work under
section 245XH of the Building Act, to require the owner of the other land to
contribute a share for any reasonable cost incurred for the fencing work.
Power, as owner of adjoining land, to apply to QCAT, in the absence of the owner Section
of the other land, for authorisation to carry out fencing work, including 245XS(1)
apportionment of the contributions for the work.
Power, as owner of adjoining land, where an order has been made under section Section
245XS(1) of the Building Act and the owner of the other land has since been 245XS(3)
located, to give a copy of the order to the owner of the other land and recover the
contribution as stated in the order.
Power, as owner of adjoining land, where the owner of the other land has carried Section
out fencing work for a dividing fence forming part of a pool barrier without 245XV(2)
authorisation, to apply to QCAT for an order requiring the owner to rectify the
dividing fence.
Power to inspect a regulated pool for compliance when a pool safety complaint Section
notice, or section 245I or 245UA notice is received. 246ADA(2)
Power to take necessary enforcement action to ensure the pool complies with the Section
pool safety standard or fencing standards for the pool. 246ADA(5)
Power to cancel pool safety certificate for a regulated pool. Section
246AF(2)
Power to give the QBCC commissioner notice of the cancellation of the pool Section
safety certificate for a regulated pool. 246AF(3)
Power to give a show cause notice before cancelling a pool safety certificate. Section
246AG(1)
Power to consider submissions and decide whether to cancel a pool safety Section
certificate. 246AG(5)
Power to give the owner notice of the decision. Section
246AG(6)
Power to give the owner an information notice about the decision. Section
246AG(7)
Power to appoint or employ a pool safety inspector to conduct an inspection of a Section 246AH
pool in the circumstances referred to in subsection (1).
Power to keep a record of a notice mentioned in section 246ADA(1) and the Section 246AIA
results of the inspection carried out under section 246ADA.
Power to comply with a request for information from the QBCC commissioner. Section
246AIB(2)
Page 6 of 67
Section 7
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give the QBCC commissioner notice of each existing regulated pool in Section 246AQ
Council’s local government area of which it has a record.
Power to give the swimming pool safety advisory information to the owner of each Section 246ATC
non-certificate regulated pool in its local government area.
Power to, by gazette notice, designate land as a transport noise corridor. Section 246X
Power to give a notice (‘enforcement notice’) to the owner of a building, structure Section 248(1)
or building work.
Power to give an enforcement notice to a person who does not comply with a Section 248(2)
particular matter in the Building Act 1975.
Power to give a person a show cause notice. Section 248(3)
Power, as local government, to make a complaint for an offence against section Section
245K, 245L or 246AR(2) of the Building Act 1975. 256(2)(e)
Power, as local government, to make a complaint for an offence against section Section
246AD(2) or 246AJ(4) of the Building Act 1975. 256(2)(f)
Power, as local government, to make a complaint for an offence against section Section
246AP(2) of the Building Act 1975. 256(2)(g)
Power, as local government, to make a complaint for an offence against chapter Section
8, part 4, division 5, subdivision 2, other than section 246ATH(2) of the Building 256(2)(h)
Act 1975.
Power, as local government, to authorise a person to make a complaint for an Section
offence against chapter 8, part 4, division 5, subdivision 2, other than section 256(2)(h)
246ATH(2) of the Building Act 1975.
Power, as local government, to make a complaint for an offence against chapter Section
8, part 5 of the Building Act 1975. 256(2)(i)
Power, as local government, to authorise a person to make a complaint for an Section
offence against chapter 8, part 5 of the Building Act 1975. 256(2)(i)
Power, as local government, to make a complaint for an offence in the Building Section
Act 1975 other than an offence listed in section 256(2)(a)-(j) of the Building Act. 256(2)(k)
Power, as local government, to authorise a person to make a complaint for an Section
offence in the Building Act 1975 other than an offence listed in section 256(2)(a)- 256(2)(k)
(j) of the Building Act.
Power to extend the time for an owner of a swimming pool to comply with section Section 262
235 (where an extension under section 49H(11)(b) of the Local Government Act
1936 is still in force.
2. To exercise powers of Council pursuant to the Building Regulation 2006.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, if it is not practicable to show each of the designated bush fire prone area Section 12(4)
in Council’s planning scheme maps, to:-
(a) prepare maps showing the areas; and
(b) ensure the maps are updated.
Power to keep a register of the flood hazard areas Council designates and when Section 13(4)
each designation was made.
Page 7 of 67
Section 8
ATTACHMENT 1
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.
Page 8 of 67
Section 9
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: ENVIRONMENTAL PROTECTION
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Environmental Protection (Water) Policy 2009
Environmental Protection Act 1994
Environmental Protection Regulation 2008
Delegated Power:
1. To exercise powers of the Council pursuant to the Environmental Protection (Water) Policy
2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, in cooperation with the chief executive, to develop a healthy waters Section 24(2)
management plan.
2. To exercise powers of the Council pursuant to the Environmental Protection Act 1994.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an affected person, to make written comments to the chief executive Sections 42 and
about a TOR notice. 43
Power to make a written submission about a submitted EIS. Section 54
Power, as an administering authority, to give an applicant a notice about an Section 128
application that is not a properly made application.
Power to agree a further period within which the applicant must give notice Section 129
under section 128
Power, as an administering authority, to give a notice about an application made Section 130
by joint applicants, to the principal applicant nominated in the application.
Power, as an administering authority, to refuse to allow a change to an Section 132
application if the change would result in the application not being a properly
made application and the applicant does not take action to make the remade
application properly made.
Power, as an administering authority, to give written agreement that a change to Section 133
an application is a minor change.
Power, as an administering authority, to determine satisfaction that the Section
requirements under the application stage have been complied with. 136(b)(i)
Power, as an administering authority, to make a written information request to Section 140
the applicant to give further information needed to assess the application.
Page 9 of 67
Section 10
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to agree to extend the applicant’s Sections 145
information request response period. and 147
Power, as an administering authority, to determine not to make an information Section
request. 148(b)(i)
Power, as an administering authority, to give the applicant an information notice Section 152
prescribing an additional or substituted way to give public notice of an
application.
Power to decide to allow or not allow substantial compliance with public notice Section 159
requirements.
Power, as an administering authority, to by written notice to the applicant extend Section 168
the decision period and further extend the decision period with the written
agreement of the applicant.
Power, as an administering authority, to approve a standard application subject Section 170
to the standard conditions for the relevant activity or authority.
Power, as an administering authority, to approve a variation application subject Section 171
to the standard conditions for the relevant activity or authority or subject to
conditions which are different to the standard conditions for the activity or
authority.
Power, as an administering authority, to refuse a site- specific application or Section 172
approve a site-specific application subject to conditions.
Power, as an administering authority, to issue an environmental authority. Section 172
Power, as an administering authority, to include a copy of the environmental Section 177
authority in the relevant register.
Power, as an administering authority, to give an information notice to the Section 198(2)
applicant for an environmental authority.
Power, as an administering authority, to give an information notice about the Section 198 (4)
decision to any submitter for the application.
Power, as an administering authority, to impose a condition on an environmental Section 203
authority or draft environmental authority to which section 115 applies.
Power, as an administering authority, to amend an environmental authority to Section 211
correct a clerical or formal error by giving written notice to the holder but only if
the amendment does not adversely affect the interests of the holder or anyone
else.
Power, as an administering authority, to amend an existing environmental Section 213
authority issued subject to conditions to replace the existing standard conditions
with new standard conditions issued by the chief executive and to give written
notice of the amendment to the environmental authority holder.
Power, as an administering authority, to make an amendment to an Section 215
environmental authority which is necessary or desirable because of a matter
mentioned in section 215(2) or if the holder has agreed in writing to the
amendment.
Power, as an administering authority, to make other amendments to an Sections 216
environmental authority in accordance with the procedure required by Chapter and 219
5, Part 6, Division 2 or with the written agreement of the authority holder.
Power, as an administering authority, to refuse an amendment application to Section 227A
which section 227A(1) applies, to require the environmental authority holder to
make a site specific application and to give written notice of the refusal to the
applicant.
Page 10 of 67
Section 11
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to decide whether an application made by Section 228
the holder of an environmental authority to amend the authority is a minor or
major amendment.
Power, as an administering authority, to give written agreement to the continued Section 237
assessment of a changed application to amend an environmental authority.
Power, as an administering authority, to request further information needed to Section 238(3)
assess a changed amendment application which is not a minor change and to
which the information stage applies.
Power, as an administering authority, to decide that the notification stage be Section 238(7)
repeated in respect of a changed amendment application which would be likely
to attract a submission objecting to the change.
Power, as an administering authority, to:- Section 240 and
(a) decide to approve or refuse an amendment application; 242
(b) if the amendment is approved, to make other amendments to the
conditions of the environmental authority;
(c) give notice of the decision to the applicant; and
(d) include a copy of any amended environmental authority in the register.
Power, as an administering authority, to decide to approve an application to Section 247
amalgamate environmental authorities or refuse an amalgamation application to
which section 247(1)(b) applies.
Power, as an administering authority, to:- Section 250C
(a) de-amalgamate an environmental authority;
(b) issue 2 or more environmental authorities; and
(c) include each environmental authority in the relevant register.
Power, as an administering authority, to approve or refuse an application by the Section 254
holder of an environmental authority to transfer all or part of the environmental
authority to another entity.
Power, as an administering authority, to decide whether a final rehabilitation Section 264
report includes enough information to decide that the requirements in section
264(1)(b)(i) and 264(1)(b)(ii) have been met.
Power, as an administering authority, to make a written request to an applicant Section 265
to give further information needed to assess an application to surrender an
environmental authority.
Power, as an administering authority, to approve or refuse a surrender Section 266
application.
Power, as an administering authority, to:- Sections 278,
(a) cancel or suspend an environmental authority if an event mentioned in 279, 280, 281,
section 278(2) has occurred; 282, and 283
(b) follow the procedures in Chapter 5, Part 11, Division 2; and to and 284
(c) give notice of the decision; and
(d) record the action in the relevant register.
Power, as an administering authority, to approve or refuse an application made Section 284C
by the holder of an environmental authority to suspend the environmental
authority.
Page 11 of 67
Section 12
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to impose a condition on an environmental Section 292
authority requiring the holder to give financial assurances as security for
compliance with the environmental authority and for costs or expenses
mentioned in section 298.
Power, as an administering authority, to decide the amount and form of financial Section 295
assurance required under a condition of an environmental authority.
Power, as an administering authority, to give notice of the decision under Section 296
section 295(1).
Power, as an administering authority, to decide to make a claim on or realise a Section 301
financial assurance.
Power, as an administering authority, to by written notice require an applicant to Section 304
give a compliance statement for a financial assurance before deciding an
application to amend or discharge the financial assurance.
Power, as an administering authority, to approve or refuse an application by the Section 305
holder of an environmental authority to amend the amount or form of a financial
assurance stated in a notice given under section 296 or to discharge a financial
assurance.
Power, as an administering authority, to require a change of the amount of a Section 306
financial assurance.
Power, as an administering authority to, in the circumstances referred to in Section 307
subsection (1), give notice stating how much of the financial assurance has
been used and requiring it be replenished.
Power, as the administering authority, to recover from the holder of an Section 308
environmental authority as a debt, outstanding annual fees.
Power, as an administering authority, to change the anniversary day for an Section 310
environmental authority for which an annual fee is prescribed, in the
circumstances provided for by section 310(1)(a) and 310(1)(b).
Power, as an administering authority, to change an anniversary day for an Section 311
environmental authority.
Power, as an administering authority, to, in the circumstances specified in Section 314
section 314(1)(a) and 314(1)(b):-
(a) require the holder of the environmental authority to make a site-specific
application for a new environmental authority under Chapter 5 Part 2 or
make an amendment application for the authority under Chapter 5 Part 7;
and
(b) give written notice of the proposed requirement prior to making it.
Power, as an administering authority, to ask any entity for advice, comment or Section 315
information about an application made under Chapter 5.
Power to make submissions about a proposed ERA standard. Section 318A
Power, as person aware of an event described in section 320A, to give written Section 320C
notice of the event, its nature and the circumstances in which it happened to the
administering authority, any occupier of the affected land or any registered
owner of the affected land, or by public notice.
Page 12 of 67
Section 13
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as employer aware of an event described in section 320A, to give written Section 320D
notice of the event, its nature and the circumstances in which it happened to the
administering authority, any occupier of the affected land or any registered
owner of the affected land, or by public notice.
Power, as a person mentioned in section 320A(2)(a), to within 24 hours after Section
becoming aware of an event or change mentioned in section 320A(2)(b)(i) or (ii) 320DA(1)
give the administering authority written notice of the matters stated in subsection
(2).
Power, as a person mentioned in section 320A(2)(a), to within 20 business days Section
after becoming aware of an event or change mentioned in section 320A(2)(b)(iii) 320DA(3)
give the administering authority written notice of the activity.
Power, as a local government mentioned in section 320(3)(a), to within 20 Section
business days after becoming aware that the activity has been, or is being, 320DB(1)
carried out on land in its area, give the administering authority written notice.
Power, as a local government mentioned in section 320(3)(b), to within 24 hours Section
after becoming aware of the event or the change in condition of the land give the 320DB(2)
administering authority written notice.
Power, as an administering authority, to require a person to conduct or Sections 322
commission an environmental audit and give an environmental report about the and 323
audit.
Power, as an administering authority, to require a person to conduct or Section 326B
commission an environmental investigation.
Power, as an administering authority, to ask for further information. Section 326F
Power, as an administering authority, to accept the report or refuse to accept the Section 326G
report and to give notice of the decision.
Power, as an administering authority which has accepted an environmental Section 326H
report under section 326G, to do 1 or more of the things listed in subsection (1).
Power, as an administering authority which has refused to accept an Section 326I
environmental report under section 326G(4)(b), to, by written notice, require the
recipient to conduct or commission another environmental investigation and
submit a report on the investigation.
Power, as an administering authority, to require a person or public authority to Section 332
submit a draft transitional environmental program.
Power to submit a draft transitional environmental program to the administering Section 333
authority for approval.
Power, as an administering authority, to by written notice require the person or Section 334A
public authority that submitted the draft transitional environmental authority to
give further information.
Power to make a submission in relation to a draft transitional environmental Section 335
program.
Power, as an administering authority, to invite parties to a conference to help it Section 336
determine whether or not to approve a draft transitional environmental program.
Power, as an administering authority, to seek advice, comment or information Section 336A
about a TEP submission.
Page 13 of 67
Section 14
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to extend the period for decision about a Section 337
draft transitional environmental program and approve a draft transitional
environmental program.
Power, as an administering authority, to:- Section 339(1)
a) approve a draft transitional environmental program as submitted or with
amendments requested or agreed to by the administering authority; or
b) refuse to approve a draft transitional environmental program.
Power, as an administering authority, to impose on an approval of a draft Section 339(2)
transitional environmental program:-
a) any conditions the authority must impose under a regulatory requirement;
and
b) any other conditions the administering authority considers appropriate.
Power, as an administering authority, to give a person or public authority who Section 340
submitted a draft transitional environmental program for approval written notice
of the decision.
Power, as an administering authority, to approve a draft transitional Section 342
environmental program if there has been substantial compliance with public
notice requirements.
Power, as an administering authority, to consider and approve or refuse an Section 344
application to amend a transitional environmental program.
Power, as an administering authority, to cancel the approval for a transition Section 344E
environmental program, give notice of the decision or record details of the
decision in a register.
Power, as an administering authority, to withdraw the notice or remove the Section 344F
record.
Power, as an administering authority, to give the holder of the environmental Section 344G
authority a copy of the authority that does not include the note.
Power, as an administering authority, to apply to the Court for an order that Section 355
section 353(1) does not apply.
Power, as an administering authority who has made an application to the Court Section 357(2)
under section 355, to apply to the Court for an order pending decision on the
application.
Power, as administering authority, to – Sections 357C,
grant an application for a temporary emissions licence, with or without 357D and 357E
conditions, as submitted or on different terms than have been requested in
the application; or
refuse to grant the application for a temporary emissions licence.
Power, as administering authority, to amend, cancel or suspend a temporary Section 357J
emissions licence.
Power, as holder of a temporary emissions licence, to give written agreement to Section 357J
the amendment of the licence.
Power, as an administering authority, to issue an environment protection order. Section 358
Page 14 of 67
Section 15
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the land’s owner, to make a written submission to the administering Section 376
authority in response to a show cause notice issued pursuant to section 375.
Power, as owner, to consent to another party entering its land to conduct or Section 390
commission remediation works. Power, to give the administering authority:-
(a) a contaminated land investigation document accompanied by a
declaration and a statement; and
(b) a statement as owner of the land agreeing to the draft plan.
Power, as a prescribed responsible person, to make a written submission in Section 392(1)
response to a show cause notice issued pursuant to section 391.
Power, as a prescribed responsible person, to comply with a notice issued by Section 394(5)
the administering authority pursuant to this section.
Power, as a prescribed responsible person, to:- Section 395
(a) obtain the consent of the owner or occupier to enter the land;
(b) give the owner or occupier written notice of the intention to enter the land;
(c) agree with the owner or occupier about reasonable compensation because
of the loss or damage; and
(d) appear in any proceeding before a court of competent jurisdiction (including
instructing a legal representative to appear) where agreement about
compensation cannot be reached.
Power, as a prescribed responsible person, to comply with a requirement of the Section 397
administering authority given pursuant to this section.
Power to apply to amend a site management plan and to comply with Chapter 7, Section 402
Part 8, Division 3, Subdivisions 2 to 4 as they relate to the application.
Power, as owner or occupier of land, to consent to the amendment of a site Section 403
management plan for the land by the administering authority.
Power, as the person who released the contaminant, the relevant local Section 404
government or the owner of the land, to prepare a draft amendment of a site
management plan if requested to do so by the administering authority and to
comply with Chapter 7, Part 8, Division 3, Subdivisions 2 to 5 as they relate to
the draft amendment.
Power, as owner of land, to give a lessee or proposed lessee notice that Section 407
particulars of the land have been recorded in the contaminated land register.
Power, as an owner of land in a circumstance listed in subsection (1), to give the Section 408
notice required by subsection (2).
Power, as an administering authority, to require a person to provide information Section 451
for the enforcement or administration of this Act.
Power, as owner or occupier of land, to consent to an authorised person’s entry Section 452
onto the land.
Power, as owner or occupier of land, to consent to an authorised person’s entry Section 454
onto the land.
Power, as an administering authority, to issue a notice that an authorised person Section
will enter land. 454(3)(b) and
(4)
Page 15 of 67
Section 16
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the occupier of access land, to consent to an authorised person’s Section 455
entry onto the land.
Power as a person to whom an emergency direction is given to comply with the Section 478
direction and to take the steps required by subsection (b).
Power, as an administering authority, to waive payment of costs of investigation Section 489
or remediation work.
Power, as an administering authority, to make an application to the court for an Section 501
order against a defendant for costs. (1)(c)
Power, as an administering authority, to carry out work or take other action Section 502A(2)
reasonably necessary where a person has failed to comply with an order made
under section 502.
Power, as an administering authority, to make an application to the Court to Section 505
remedy or restrain an offence against this Act.
Power, as a person who has made an application pursuant to section 505, to Section 506
seek an order of the Court pending determination of the application.
Power, as the administering authority, to: Section 507
(a) accept or reject an enforceable undertaking;
(b) given written notice of the decision and the reasons for the decision
(c) publish a copy of any undertaking on Council’s website; and take all
reasonable steps to have any proceedings in relation to the contravention
discontinued.
Power, as the administering authority, to agree in writing to the withdrawal or Section 509
variation of an enforceable undertaking and to publish notice of the withdrawal
or variation on Council’s website.
Power, as the administering authority, to amend an enforceable undertaking by Section 510
written agreement.
Power, as the administering authority, to make an amendment to an enforceable Section 511
undertaking to correct a clerical or formal error and give written notice of the
amendment.
Power, as the administering authority, to:- Section 512
(a) amend or suspend an enforceable undertaking where satisfied one of the
circumstances in subsections 512(1)(a) to (d) apply; and
(b) comply with the requirements of subsection 512(2) to (7).
Power, as the administering authority, to apply to the Magistrates Court for an Section 513(2)
order if a person contravenes an enforceable undertaking.
Power to exercise all the powers of the chief executive that have been Section 516
delegated to Council. (Sub-section (2) permits sub delegation of these powers to
a qualified entity).
Power, where the chief executive has delegated the powers as an administering Section 518(1)
authority to Council, to exercise those delegated powers.
Power, as an administering authority, to review a decision. Section 521(5)
Power, as a dissatisfied person, to apply for a review of an original decision. Section 521
Page 16 of 67
Section 17
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a dissatisfied person that has applied for a review under section 521, Section 522
to apply to the Planning and Environment Court or the Land Court for a stay of
operation of the original decision.
Power, as a dissatisfied person, to appeal to the Land Court against a review Section 524
decision of an original decision mentioned in schedule 2, part 1.
Power, as a dissatisfied person, to appeal to the Planning and Environment Section 531
Court against a review decision of an original decision, other than a review
decision to which Chapter 11, Part 3, Division 3, Subdivision 1 of this Act applies
or a review decision that relates to an original decision mentioned in Schedule 2,
Part 3.
Power, as an administering authority, keep the registers listed in section 540(1) Section 540,
and keep them available for inspection. 541 and 542
Power, as an administering authority, to prepare and submit a report to the chief Section 546
executive.
Power, as an administering authority, to consult with the chief executive about Section 548(3)
guidelines the chief executive proposes for administering authorities.
Power to consult with the chief executive about guidelines the chief executive Section 549(3)
proposes.
Power, in the circumstance referred to in subsection 574BA(1), to recover the Section 547BA
administering authorities reasonable costs and expenses in performing the
function.
Power, as an administering authority, to request written notice of damage Section 578
caused to land or something on the land by a person who enters land under an
entry order.
Power, as an administering authority, to change or cancel a condition of an Section 620
environmental authority given continuing effect under section 619(2)(d) or
619(4)(d) of this Act.
Power, as an administering authority, in relation to an activity being carried out Section 621
under section 619(1) of this Act, to give the person carrying out the activity a
development approval and a registration certificate.
Power, as an administering authority, to give the registered operator for a level 1 Section 623
approval for a level 1 chapter 4 activity taken to be a registration certificate
under section 619, a notice stating that section 316 applies to the registration
certificate.
Power, as an administering authority, to amend a condition about financial Section 634
assurance imposed under Chapter 13 Part 7.
Power, as an administering authority, to consider or continue to consider, a draft Section 671(2)
transitional program submitted under section 332 or 333 before 4 April 2011 and
decide whether to approve it under the unamended Act.
Power, as an administering authority, to approve or refuse an application made Section 697
by the holder of a transitional authority, to convert the conditions of the
transitional authority to the standard conditions for the authority or relevant
activity.
Page 17 of 67
Section 18
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to approve an application to convert a Section 698B
surrendered registration certificate to an environmental authority that has been
suspended under Chapter 5, Part 11A of this Act.
Power, as an administering authority, to amend an environmental authority to Section 699
which a requirement applies to impose a condition about the financial assurance
and to give written notice of the amendment to the authority holder.
3. To exercise powers of the Council pursuant to the Environmental Protection Regulation 2008.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a generator, to give the transporter the prescribed information about Section 81I
the waste in the prescribed form and to record the prescribed information
about the waste.
Power, as a transporter, to give the receiver the prescribed information about Section 81J(2)
the waste in the prescribed form and to record the prescribed information
about the waste.
Power, as a transporter, to give the administering authority notice of a Section 81J(3)
discrepancy in information received from the generator.
Power, as a receiver, to record the prescribed information about the waste. Section 81K(1)
Power, as a receiver, to give a copy of the prescribed information about the Section 81K(2)
waste to the administering authority.
Power, as a receiver, to give the administering authority notice of a Section 81K(3)
discrepancy in information received from the transporter.
Power, as a receiver, to record the prescribed information about the waste. Section 81O(1)
Power, as a receiver, to give a copy of the prescribed information about the Section 81O(2)
waste to the administering authority.
Power, as a receiver, to give the administering authority notice of a Section 81O(3)
discrepancy in information received from the transporter.
Power, as a generator, to give the transporter the prescribed information about Section 81R(1)
the waste and to record the prescribed information about the waste.
Power, as a transporter, to give the administering authority notice of a Section 81S(2)
discrepancy in information received from the generator.
Power to apply to the administering executive for approval of a particular way Section 81W
of giving prescribed information to the administering authority under division 3
and to take all steps necessary to advance the application.
Power to apply to the administering executive for a consignment number for Section 81X
loads of trackable waste to be transported into Queensland and to take all
steps necessary to advance the application.
Power to apply to the administering executive for an exemption for the Section 81Y
transportation of trackable waste to which Chapter 5, Part 9 applies and to
take all steps necessary to advance the application.
Power to apply to the administering executive for a generator identification Section 81ZB
number.
Power to require an owner or occupier of relevant premises to supply waste Section
containers other than standard general waste containers. 81ZF(1)(b)
Power to require an owner or occupier of relevant premises to supply waste Section 81ZF(2)
containers other than standard general waste containers.
Page 18 of 67
Section 19
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to require a waste container to be kept at a particular place at premises. Section
81ZH(1)(a)
Power to require a prescribed person of serviced premises, other than a Section 81ZI(2)
detached dwelling, to supply:
(a) an elevated stand; or
(b) an imperviously paved and drained area for the waste containers, and
(c) a hose cock and hose in the vicinity of the stand or paved area; and
(d) a suitable enclosure for the waste containers
Power to give a written notice about the removal of general waste. Section 81ZJ
Power to give written approval to the owner or occupier of relevant premises Section 81ZK
for depositing and disposing of general waste and to impose conditions on the
approval.
Power to require the occupier of relevant premises where there is industrial Section 81ZL
waste to:
(a) supply industrial waste containers;
(b) keep the waste containers in a specified location; and
(c) keep the waste containers clean and in good repair.
Power to require occupier of relevant premises, where there is industrial Section 81ZM
waste, to treat the waste to the standard required by Council for disposal of the
waste at a waste facility.
Power to administer and enforce chapter 5A, part 2. Section 81ZS
##Please note this section applies only until Council passes a local law which
states it replaces Chapter 5A of the Regulation or 1 July 2018 (whichever is
the earlier)##
Power, as the owner, operator or controller of a waste facility, to administer Section 81ZT
and enforce chapter 5A, part 3.
##Please note this section applies only until Council passes a local law which
states it replaces Chapter 5A of the Regulation or 1 July 2018 (whichever is
the earlier)##
Power, as an occupier of a reporting facility that under NPI NEPM exceeds the Section 85(2)
reporting threshold for a substance in the facility’s reporting period, to give the
chief executive the information identified in subsection (2).
Power, as an occupier of a reporting facility that under NPI NEPM exceeds the Section 85(7)
reporting threshold for a substance in the facility’s reporting period, to comply
with a notice issued by the chief executive pursuant to subsection (6).
Power, as an occupier of a reporting facility that under NPI NEPM exceeds the Section 87
reporting threshold for a substance in the facility’s reporting period, to keep the
information listed in section 87.
Power, as an occupier of a reporting facility that under NPI NEPM exceeds the Section 88
reporting threshold for a substance in the facility’s reporting period, to make
written representations to the Minister in response to a notice issued pursuant
to subsection (4).
Power, as an occupier of a reporting facility that under NPI NEPM exceeds the Section 91
reporting threshold for a substance in the facility’s reporting period, to apply to
the chief executive for an estimation technique approval and to respond to any
request for further information.
Power, as an occupier of a reporting facility that under NPI NEPM exceeds the Section 95
reporting threshold for a substance in the facility’s reporting period, to give the
chief executive a written notice claiming that the information required to be
given under section 85(2) or (7) should be treated as confidential and to
response to any requests for further information.
Page 19 of 67
Section 20
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce those provisions of the Act devolved to Sections 98, 99,
Council. 100 and 101, 102
Power, as an administering authority, to recover as a debt an unpaid fee under Section 116A
the Act.
Power, as an administering authority, to recover as a debt from the holder of Section 134
an environmental authority an unpaid supplementary annual fee for an
amended environmental authority.
Power to administer and enforce former environmentally relevant activities Section 156
devolved to Council.
Power, as an administering authority, to refund:- Section 164
a) the application fee for a later application; and
b) the annual fee for a development approval for chemical storage.
Power, as an administering authority, to refund to the holder of an Section 168
environmental authority an annual fee if environmental authorities are
amalgamated.
Power, as an administering authority, to exercise the power contained in Section 177
previous section 135 where the circumstances in subsection 177(1) apply.
Power, as an administering authority, to exercise the power contained in Section 178
previous section 136 where the circumstances in subsection 178(1) apply.
Any 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.
Page 20 of 67
Section 21
ATTACHMENT 1
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 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 the and 100
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 circumstances Section 102(1)
affecting an off-site emergency plan.
Power, as the occupier of a building, to maintain a fire and evacuation plan and Section 104E
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 by Section
the commissioner under section 104G(1). 104G(3)
Power to consult with an authorised officer about a notice under section 104I(7) Section 104I(9)
or (8).
Power to nominate a person to be appointed an assessor by the commissioner Section
to help QCAT in section 104SG(1) proceedings. 104SI(2)(b)(ii)
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.
Page 21 of 67
Section 22
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to comply with a requisition notice. Section 69
Power to, in respect of each financial year: Section 112
(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, for Section 113(7)
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 activity Section 126(1)
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 make and levy special rates or charges or separate rates or charges Section 128A
and to contribute amounts raised to rural fire brigades operating in Council’s
local government area.
Power to consult with the commissioner about the establishment of an SES unit Section 133(2)
in Council’s local government area.
Power to nominate a person to be the local controller for an SES unit. Section 134(2)
Power as a local government affected by a disaster to request the commissioner Section 136(3)
to appoint a person as a SES coordinator.
Power to consult with the commissioner about the appointment of a person as a Section 136(4)
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 in Section 141(2)
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 in Section 152C(4)
subsection (2)(b).
Page 22 of 67
Section 23
ATTACHMENT 1
Any 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.
Page 23 of 67
Section 24
ATTACHMENT 1
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 259
Information Privacy Act 2009
Delegated Power:
Part 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 than Section 34
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 24 of 67
Section 25
ATTACHMENT 1
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) cannot 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 Section 55(1)
been 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.
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.
Page 25 of 67
Section 26
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 one Section 63(3)
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.
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
Page 26 of 67
Section 27
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
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.
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.
Part 2 - Power, as agency’s principal officer to;
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as agency’s principal officer, to deal with an access or amendment Section 50(1)
application.
Power, as agency’s principal officer, to delegate the power to deal with an Section 50(2)
access or amendment application, provided the application does not involve and 50(5)
making a healthcare decision or appointing a health care professional.
Page 27 of 67
Section 28
ATTACHMENT 1
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.
Page 28 of 67
Section 29
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: LAND
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 Section 257
Land Act 1994
Acquisition of Land Act 1967
Delegated Power:
1. To exercise the powers of Council pursuant to the Land Act 1994.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a person who may take water under the Water Act 2000, section 96, Section 13A(4)
to exercise a right of access, a right of grazing and a right to bring action for
trespass over the adjacent land.
Power, as a person an adjacent owner for the land, to consent to the Section
dedication of non-tidal watercourse land or non-tidal lake land as a reserve. 13AC(1)(a)
Power, as owner of land having a non-tidal boundary (the relevant land), to Section 13B(1)
apply to the chief executive (water) to have land adjoining the relevant land
(the watercourse land) declared to be former watercourse land.
Power to give notice of the person’s intention to make an application pursuant Section 13B(2)
to section 13B to the owners of any land that adjoins the watercourse land
Power, as an applicant under section 13B (1), to appeal against the refusal of Section 13B(6)
the application.
Power, as registered owner of land, to enter an agreement with the Governor Section 18(1)
in Council to exchange all or part of the freehold land for the grant of
unallocated State land.
Power, as lessee of a freeholding lease, to enter an agreement with the Section 18(2)
Governor in Council to exchange all or part of the freeholding lease for a
freeholding lease over unallocated state land.
Power, as lessee of a term lease (other than a State lease or a perpetual Section 18(3)
lease), to enter an agreement with the Minister to exchange all or part of the
term lease for a lease of unallocated State land for a term of years or in
perpetuity.
Power, as a person seeking to have a plan of subdivision registered in relation Section 23A(1)
to the land contained in a deed of grant, deed of grant in trust or lease, to
apply to the Minister for the allocation of a floating reservation to some or all of
the lots created by the plan.
Power, as an applicant under section 23A (1), to appeal against the Minister’s Section 23A(6)
decision.
Power, as registered owner of the deed of grant or lessee of a free holding Section 24(3)
lease of a reservation for a public purpose to be sold under section 24(1), to
apply to the Governor in Council to buy the land.
Page 29 of 67
Section 30
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to appeal against the Minister’s determination of the unimproved value Section 25(2)
of land to be sold under section 24(1) of the Land Act 1994.
Power, as trustee, lessee or registered owner, to agree to the Minister’s Section 26(2)
proposal to change the boundaries of a lease, deed of grant or deed of grant in
trust where the Governor in Council is resuming possession of all or part of a
reservation and the boundaries of the reservation are not stated in the lease,
deed of grant or deed of grant in trust.
Power, as lessee, registered owner or trustee, to appeal the Minister’s decision Section 26(4)
to change the boundaries of a lease, deed of grant or deed of grant in trust
where the Governor in Council is resuming possession of all or part of a
reservation and the boundaries of the reservation are not stated in the lease,
deed of grant or deed of grant in trust.
Power, as lessee or registered owner, to buy a forest entitlement area under Section 26B(2)
sections 24 and 25.
Power, as lessee or registered owner, to appeal against the value decided by Section 26B(8)
the Minister for commercial timber on a forest entitlement area that the local
government is buying.
Power, to apply to the Minister for the dedication of a reserve. Section 31C(1)
Power to give notice of the intention to apply for the dedication of a reserve. Sections 31C(2)
and 31C(3)
Power, as trustee, to apply to the Minister to change the boundary of a reserve Section 31D(1)
or the purpose of a reserve.
Power to give notice of the intention to change the boundary of a reserve or Sections 31D(2)
the purpose of a reserve. and 31D(3)
Power, as trustee, to consult with the Minister in response to a proposed State Section 32
lease over a reserve.
Power to apply to the Minister to revoke the dedication of all or part of a Section 34(1)
reserve.
Power to give notice of the intention to apply to the Minister to revoke the Sections 34(2)
dedication of all or part of a reserve. and 34(3)
Power, as owner of improvements on a reserve the dedication to which has Section 34H(1)
been revoked, to apply to remove improvements on the reserve.
Power, as owner of improvements on a reserve the dedication to which has Section 34H(2)
been revoked, to remove improvements with the written approval of the
Minister.
Power, as trustee of an operational reserve, to apply for a deed of grant over Section 34I(1)
the reserve.
Power, as trustee of an operational reserve, to give notice of the intention to Sections 34I(3)
apply for a deed of grant over the reserve. and 34I(4)
Power, as trustee, to apply for an additional community purpose or to Section 38A(1)
amalgamate land with common purposes.
Power, as trustee, to apply for the cancellation of a deed of grant in trust under Section 38A(2)
section 38.
Power, as trustee, to give notice of the intention to apply under section 38A. Sections 38A(3)
and 38A(4)
Page 30 of 67
Section 31
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as owner of improvements on a deed of grant in trust that has been Section 38G(1)
cancelled, to apply to remove the improvements on the deed of grant in trust.
Power, as owner of improvements on a deed of grant in trust that has been Section 38G(2)
cancelled, to remove the improvements with the Minister’s approval.
Power to accept appointment as trustee. Section 44
Power, as trustee, to advise the chief executive of change in details. Section 45
Power, as trustee, to comply with the administrative, accounting function and Sections 46, 47,
other directions provided by Minister. 48 and 49
Power to take all necessary action for the maintenance and management of Sections 52(1)
trust land.
Power, as trustee, to surrender all or part of a deed of grant in trust on terms Section 55(1)
agreed with the Minister and with the Minister’s written approval.
Power, as trustee, to apply to surrender all or part of a deed of grant in trust. Section 55A(1)
Power, as trustee, to give notice of the intention to apply to surrender all or Sections 55A(2)
part of a deed of grant in trust. and 55A(3)
Power, as owner of improvements on a deed of grant in trust that has been Section 55H(1)
surrendered, to apply to remove the improvements on the deed of grant in
trust.
Power, as owner of improvements on a deed of grant in trust that has been Section 55H(2)
surrendered, to remove the improvements on the deed of grant in trust with the
written approval of the Minister.
Power, as trustee, to lease all or part of the trust land if the trustee first obtains Section 57(1)
the Minister’s written “in principle’ approval to the lease.
Power as trustee to, without the Minister’s approval, grant a trustee lease Section 57(3)
(construction) or a trustee lease (State or statutory body) over all or part of the
trust land.
Power to seek the Minister’s approval to amend a trustee lease. Section 57A(1)
Power, as trustee lessee, to transfer, mortgage or sublease a trustee lease Section 58(1)
subject to the written approval of the Minister and the trustee to the
transaction.
Power to appeal against the Minister’s decision to refuse to allow a transfer, Section 58(7)
mortgage or sublease of a trustee lease.
Power, as trustee, to issue a trustee permit to use all or part of the trust land. Section 60(1)
Power to lodge a trustee permit in the appropriate register. Section 60(3)
Power to seek consent to group trust land reserved for similar purposes Section 62
together.
Power to seek the Minister’s approval for rent from a trustee lease or trustee Section 63(3)
permit to be applied to costs other than on maintenance and enhancement of
the trust land.
Power, as a relevant person, to apply for approval to lease, sublease or sub- Section 64(4)
sublease trust land even if an authority is in force.
Power, as trustee, to cancel a trustee lease or trustee permit if the lessee or Section 65(1)
permittee does not comply with the conditions of the lease or permit.
Page 31 of 67
Section 32
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to allow the trustee lessee or trustee permittee to remove the trustee Section 66(1)
lessee’s or trustee permittee’s improvements on the land within a reasonable
time stated by the trustee.
Power, as trustee of a deed of grant in trust, to mortgage a deed of grant in Section 67(2)
trust issued prior the commencement of the, subject to the Minister’s approval
under section 67(4).
Power to mortgage a deed of grant in trust issued after the commencement of Section 67(3)
the subject to section 67(3)(a) and (b) and the Minister’s approval under
section 67(4).
Power, as trustee of trust land for cemetery purposes, to repair or remove Section 80(1)
structures, monuments or tombstones from a cemetery on trust land.
Power to ask the Minister that a cemetery on trust land be closed to further Section 81(1)
burials.
Power to ask the Minister to re-open a cemetery previously closed for further Section 81(4)
burials.
Power to agree to take on the trusteeship of a cemetery from trustees of the Section 82
cemetery, and to agree on the terms of the transfer.
Power to seek approval from the Minister to exhume a body from a cemetery, Section 83(1)
in the absence of any local law covering the matter.
Power to apply to the Minister seeking approval to surrender land granted for Section 84(1)
an estate in fee simple for some community, public or similar purpose, the land
to the State, and for the issue of a deed of grant in trust under this Act for a
community or public purpose.
Power to apply for land to be dedicated as a road for public use. Section 94(2)
Power to apply to the Minister to permanently close a road. Section 99(1)
Power to apply to the Minister to temporarily close a road. Section 99(3)
Power, as an adjoining owner of land who makes an application to Section 99(4)
permanently close a road pursuant to section 99(1) of the , to ask that the land
be amalgamated with the adjoining owner’s adjoining land upon its closure.
Power to object to a road closure application in response to a public notice. Section 100
Power, as a road licensee, to surrender all or part of a road licence. Section 105(3)
Power, as registered owner of land, to apply for the simultaneous opening and Section 109A(1)
closing of roads subject to the conditions in section 109A(1)(a), (b) and (c).
Power, as registered owner, to ask the Minister to include certain matters in Section 109A(2)
the deed of grant in trust issued under section 358.
Power, as registered owner, to appeal against any conditions the Minister Section 109A(3)
imposes under section 420I.
Power, as trustee of lessee, to apply for the simultaneous opening or closing of Section 109B(1)
roads subject to section 109B (1)(a), (b) and (c).
Power to ask the Minister to include certain matters in the deed of grant in trust Section 109B(2)
issued under section 358 or dedicated as a reserve under section 31A
(whichever is applicable).
Power, as lessee, to ask that the land in the road being closed be Section 109B(3)
amalgamated in accordance with section 109B (3)(a) or (b) (whichever is
applicable).
Page 32 of 67
Section 33
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as trustee or lessee, to appeal against any conditions the Minister Section 109B(4)
imposes under section 420I.
Power to apply for an interest in land that may be granted without competition. Section 120A(1)
Power, as lessee, to apply to the Minister that a lease be used for additional or Section 154
fewer purposes.
Power, as lessee, to apply for extension of a term lease (40 years). Section 155A(2)
Power, as lessee, to apply for extension of a term lease (50 years). Section 155B(2)
Power, as lessee, to apply for extension of a term lease (75 years). Section 155BA(2)
Power, as lessee, to apply for an offer of a new lease (a renewal application). Section 158
Power, as an applicant for a renewal application, to appeal against the chief Section 160(3)
executive’s decision to refuse the renewal application if the only reason for the
refusal was that the applicant had not fulfilled the conditions of the lease.
Power, as a lessee under a rolling term lease, to apply to the Minister for an Section 164C(1)
extension of the term
Power, as a lessee under a rolling term lease, to appeal to the Minister’s Section 164C(7)
refusal of an extension of the term.
Power, as lessee, to apply to convert a perpetual lease to freehold land and a Section 166(1)
term lease to a perpetual lease or to freehold land.
Power, as applicant for a conversion application, to appeal against the chief Section 168(5)
executive’s decision to refuse the conversion application if the only reason for
the refusal was that the applicant had not fulfilled the conditions of the lease.
Power to appeal against the chief executive’s decision on the purchase price Section 170(2)
for the conversion of a lease to a deed of grant.
Power, as lessee, to apply for approval to subdivide the lease. Section 176(1)
Power to appeal against the Minister’s decision to refuse an application for Section 176E
approval to subdivide a lease.
Power, as lessee of 2 or more leases, to apply to the Minister for approval to Section 176K
amalgamate the leases.
Power to give the chief executive an opinion in respect of a proposed road Section 176N
closure.
Power, as a local government, to prepare a statement of Council’s views on Section
the amalgamation of 2 or more leases. 176K(3)(b)
Power to consult with the chief executive regarding the issue of a permit to Section 177
occupy unallocated State land, a road or a reserve.
Power to apply for a permit to occupy unallocated State land, a reserve or a Section 177A(1)
road.
Power to give notice of an intention to apply for a permit to occupy unallocated Section 177A(2)
State land, a reserve or a road.
Power, as an applicant for a permit, to enter an agreement with an adjoining Section 179
owner about the maintenance of a fence.
Power, as a permittee, to surrender a permit to occupy on terms agreed to Section 180(2)
between the chief executive and the permittee and with the chief executive’s
written approval.
Power, as a relevant entity, to apply to surrender or cancel a permit to occupy. Section 180A
Page 33 of 67
Section 34
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a permittee for a permit that is cancelled or surrendered, to apply to Section 180H(1)
remove the permittee’s improvements on the permit land.
Power, as a permittee, to remove improvements with the chief executive’s Section 180H(2)
written approval.
Power, as lessee, licensee or permittee, to give the Minister the information Section 201
asked for about the lease, licence or permit.
Power, as lessee, licensee or permittee, to apply to change an imposed Section 210
condition of the lease, licence or permit.
Power to appeal against the Minister’s decision to change an imposed Section 212(3)
condition about the protection and sustainability of the lease land.
Power to make submissions to the Minster in response to a warning notice. Section 214A
Power, as a lessee or licensee to whom a remedial action notice has been Section 214B
given, to appeal against the decision to give the notice.
Power, as a lessee or licensee to whom a remedial action notice has been Section 214D
given, to comply with the notice.
Power, as lessee, to appeal against the Minister’s decision to reduce the term Section 214F(3)
of, or impose additional conditions on, a lease.
Power, as a person who has a lawful interest in the matters listed at section Section 219(3)
219(3)(a), (b) and (c), to claim compensation as prescribed by the Acquisition
of Land Act 1967.
Power, as a compensation claimant, to appeal the Minister’s decision about Section 222(6)
the amount of loss, costs and expenses the claimant is entitled to claim.
Power, as owner of lawful improvements on a lease or part of lease resumed Section 225(2)
under the division, to claim compensation.
Power, as lessee, to appeal against the Minister’s decision on compensation Section 226(5)
payable.
Power, as owner of lawful improvements on all or part of a reservation Section 230(2)
resumed, to claim compensation.
Power, as owner, to appeal against the Minister’s decision on compensation Section 232(5)
payable.
Power, as a relevant local government of a term or a perpetual lease, to Section 239(4)
appeal against a decision under subsection (2)(b)(iv) to allow an entity other
than the relevant local government to sell the lease.
Power, after receiving a notice under section 235(1) or 238(3), as a lessee of a Section 240E(1)
lease, to make written application for permission to sell the lease.
Power, as a local government, to apply to the Minister to sell a lease. Section 240G
Power, as lessee of a forfeited lease, to apply to remove the lessee’s Section 243(1A)
improvements on the lease.
Power, as lessee of a forfeited lease, to remove the improvements with the Section 243(1)
written approval of the Minister.
Power, as a transferor or a person creating the interest, or the transferee or Section 288(1)
the person in whose favour the interest is to be created, to sign a document
transferring a lease, sublease or licence or creating an interest in a lease or
sublease.
Page 34 of 67
Section 35
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a transferor or a person creating the interest, or the transferee or Section 288(1)(b)
the person in whose favour the interest is to be created, to sign a document
transferring a lease, sublease or licence or creating an interest in a lease or
sublease.
Power to lodge a standard terms document and amend the standard terms Sections 318 &
document by lodging a further document. 319
Power, as a lessee, licensee or the holder of a sublease, to apply to transfer a Section 322
lease, sublease or licence under the Act with the approval of the Minister.
Power, as a lessee, licensee or the holder of a sublease, to apply to the Section 322(5)
Minister to extend the time mentioned in subsection 322(4).
Power, as a lessee, licensee or the holder of a sublease, to appeal a decision Section 322(8)
of the Minister not to grant the transfer of a lease, sublease or licence.
Power to surrender freehold land on terms agreed between the Minister and Section 327
the registered owner and with the Minister’s written approval.
Power to surrender a lease or part of a lease on terms agreed between the Section 327A
Minister and the lessee and with the Minister’s written approval.
Power, as a registered owner, to apply to the Minister to surrender freehold Section 327B
land.
Power, as a lessee, to apply to the Minister to surrender all or part of a lease. Section 327C(1)
Power, as a lessee, to give notice of an intention to apply to the Minister to Sections 327C(2)
surrender all or part of a lease. and 327C(3)
Power, as owner of improvements on a lease that has been surrendered, to Section 327I(1)
apply to remove the owner’s improvements on the lease.
Power, as owner of improvements on a lease that has been surrendered, to Section 327I(2)
remove the owner’s improvements with the Minister’s written approval.
Power, as lessee, to give notice of the intention to surrender a lease. Section 329(1)
Power to seek the Minister’s approval to sublease a lease issued under the Sections 332(1)
Act. and 332(2)
Power to appeal against the Minister’s refusal to approve the sublease of a Section 332(6)
lease issued under the Act.
Power to seek the Minister’s approval to amend a sublease. Section 336
Power, as party to a sublease, to ask the chief executive to refer the dispute to Section 339B
mediation.
Power, as the registered owner or trustee, to surrender land if the description Section 358(1)
of the land is no longer correct, because of the reasons listed in section
358(1)(a) to (f).
Page 35 of 67
Section 36
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as registered owner or trustee, to surrender the land contained in the Section 358(2)
registered owner’s deed of grant or trustee’s deed of grant in trust if, on
resurvey of the land, the boundaries of the land do not agree with the
boundaries described in the existing deed or appropriate plan, and no doubt
exists about the boundaries of the land, with the written approval of the
Minister.
Power to apply to amend the description in a freeholding lease if the Section 360C(1)
description of the lease may be amended under section 360(1)(a) or (d).
Power to apply to amend the description in a term lease, other than a State Section 360C(2)
lease, or a perpetual lease if the description of the lease may be amended
under section 360A(2)(a), (b) or (c).
Power to apply to amend the description in a State lease if the description of Section 360C(3)
the lease may be amended under section 360B (1)(a), (b), (c) or (d).
Power, as a lessee or a person acting for a lessee, to give notice of an Section 360D
intention to make an application under section 360C to amend the description
of a lease.
Power to sign the plan of survey for an easement where Council is the public Section 363(1)(b)
utility provider or the owner of the land to be burdened.
Power to sign a document surrendering an easement in favour of Council, Section 371(2)
where Council is one or more of the entities listed in subsections 371(2)(a) to
(c).
Power to apply to the Minister for approval for a public utility easement to Section 372(2)
continue over unallocated State land when the deed of grant in trust, lease or
licence ends or the dedication of the reserve is revoked.
Power to apply to the Minister for approval for a public utility easement to Section 372(5)
continue over unallocated State land when the freehold land is surrendered.
Power, as the trustee, lessee or sublessee of nonfreehold land the subject of a Section 373A
trust, lease or sublease, to consent to the creation of a covenant on the land.
Power, as trustee of trust land, or as a lessee, licensee or permittee to start a Section 415
proceeding in the Magistrates Court for unlawful occupation or trespass of the
trust land, or a lease, licence or permit.
Power to make a submission in response to a notice received under the Act Section 420CB
about a proposed application.
Power to respond to a request from the Chief Executive for information listed in Section 420E
sections 420E(1)(a) and 420E(1)(b).
Power to apply to the Minister for a review of a decision. Section 423
Power to appeal to the Court against a decision. Section 427
Power to make a local law stating use conditions that apply to a declared Section 431T
beach area.
Power to consult with the Minister about whether Council wishes to be the Section 431U(2)
manager of a declared beach area.
Power to consult with the public and the owner of the lot about the use Section 431U(3)
conditions to be contained in a local law applying to a declared beach area.
Power, as licensee, to surrender all or part of an occupation licence, on terms Section 481A
agreed to between the Minister and the licensee and with the Minister’s written
approval.
Page 36 of 67
Section 37
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a public utility provider or a licensee to apply to cancel or surrender Section 481B(1)
all or part of an occupation licence. and 481B(2)
Power, to give notice of an intention to, as a public utility provider or a Section 481B(4)
licensee, apply to cancel or surrender all or part of an occupation licence. and 481B(5)
Power, as a licensee of an occupation licence that is cancelled or surrendered Section 481J(1)
absolutely, to apply to remove the licensee’s improvements on the licence.
Power, as a licensee, to remove the licensee’s improvements on the licence Section 481J(2)
with the written approval of the Minister.
Power, as licensee of an occupation licence, to carry out improvements or Section 482
development work on the licence only with the Minister’s written approval.
Power, as a local government, to apply to exchange the conditional deed for a Section 492(1)
reserve or deed of grant in trust with the local government as trustee or a lease
granted under the Land Act 1994.
Power to agree to an allocation or dedication of land from the State, where the Section 505(2)
land has become an asset of the State by virtue of section 231 (repealed) of
the Transport Infrastructure Act 1994.
2. To exercise the powers of Council pursuant to the Acquisition of Land Act 1967.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power as an entity taking the resource interest to give the relevant chief Section 4B(2)
executive for the resource interest written notice.
Power to prepare, serve and amend a Notice of Intention to Resume, to Section 7
discontinue a resumption and to give notice to the land registry.
Power to hear the objector, consider the grounds of objection to the taking of Section 8
land and to amend the notice of intention to resume or discontinue the
resumption.
Power to apply to the Minister that the land be taken and to respond to Section 9
requests from the Minister for further particulars or information.
Power to agree with the Claimant on the amount of compensation payable. Section 12(5A)
Power to serve the gazette resumption notice upon every person who is Section 12(7)
entitled pursuant to section 18 to claim compensation or is a mortgagee of the
land.
Power to lodge with the registrar of titles a plan of survey showing a new Section 12A
boundary for a lot or common property.
Power to dedicate land taken under the Act as a road. Section 12B
Power to take additional land. Sections 13(1)
and (1A)
Power to take additional land. Sections 13(2)
and (2A)
Power to sell or otherwise deal with additional land taken. Section 13 (3)
Power to take land pursuant to a resumption agreement and to take all steps Section 15B
necessary to prepare and enter the resumption agreement.
Page 37 of 67
Section 38
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to apply to the Minister to take land pursuant to a resumption Section 15C
agreement and to respond to requests from the Minister for further particulars
or information.
Power to declare by gazette notice that land taken pursuant to a resumption Section 15D
agreement is taken for the purpose stated in the notice.
Power to serve a notice of discontinuance of a resumption. Section 16(1)
Power to agree with the claimant about the amount of compensation payable Section 16(1B)
under subsection (1A) or to refer the issue for determination by the Land
Court.
Power to have the amount of compensation payable under subsection (1A) Section 16(1C)
taxed by an officer of the Supreme Court.
Power as a gazetting authority to, by gazette notice, revoke a gazette Section 17(1)
resumption notice.
Power to agree in writing with the person entitled as owner to compensation in Section 17(1A)
respect of the taking of the land to the revesting of the land or part of it, to
which a gazette resumption notice will relate.
Power to lodge a gazette copy of the revoking gazette notice with the land Section 17(2)(c)
registry.
Power to agree upon the amount of compensation to be paid under subsection Section 17(5)
(4) or to agree that the amount be determined by the Land Court.
Power to accept and deal with a claim for compensation served by the Section 19
claimant within 3 years after the day the land was taken.
Power to accept and deal with a claim for compensation served by the Sections 19(4)
claimant more than 3 years after the day the land was taken. and 19(6)
Power to agree to grant the claimant, in satisfaction wholly or partly of the Section 21(1)
claimant’s claim for compensation, any easement, right of way, lease or other
right of occupation, or any other right, privilege or concession in, upon, over or
under the land taken or any other land the property of Council.
Power to agree to transfer land held in fee simple by Council to the claimant in Section 21(1A)
satisfaction wholly or partly of the Claimant’s claim for compensation.
Power to agree with the Claimant that the extent to which the grant or transfer Section 21(2)
shall satisfy the claim for compensation be determined by the Land Court.
Power to make an advance on compensation to the Claimant. Section 23(2)
Power to, before paying the advance, require the claimant to satisfy Council Section 23(5)
regarding taxes, rates and other moneys which, if unpaid, would be a charge
upon the land, and to decide to reduce an advance by any such amount.
Power to reduce the advance by the sum due to the mortgagee. Section 23(6)
Power to pay to Council, the Crown or a mortgagee any amount by which the Section 23(7)
advance has been reduced.
Power to refer a claim for compensation to the Land Court. Section 24(1)
Power to apply to the Land Court for further or other particulars of a claim for Section 24(4)
compensation.
Power to apply to the Land Court for the Claimant to enter an appearance on Section 25(1)
the reference.
Page 38 of 67
Section 39
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to pay the amount of compensation agreed upon or determined into the Sections 29 & 30
Supreme Court.
Power to pay to a mortgagee so much of the amount of compensation as does Section 32
not exceed the sum due to the mortgagee.
Power to deduct from an amount of compensation and pay to the Crown or to Section 35
Council any amount of taxes, rates or other moneys charged upon the land
taken in favour of the Crown or Council.
Power to authorise a person to exercise the powers in section 36(1) on Section 36(1)
Council’s behalf.
Power to give 7 days notice in writing of the intention to enter the land. Section 36(3)
Power to temporarily occupy and use any land for the purpose of constructing, Section 37(1)
maintaining or repairing any works and to exercise the powers prescribed in
subsection (1).
Power to give notice to the occupier or owner of the intention to temporarily Section 37(2)
occupy and use the land.
Power to agree with the Claimant upon the amount of compensation to be paid Section 37(5)
under section 37 or to agree that such amount be determined by the Land
Court.
Power to issue a warrant to the sheriff to deliver up possession of the land Section 38(1)
taken or occupied under the Act.
Power to offer for sale land taken under the Act to the former owner of the Section 41(1)
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 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. The powers delegated to the CEO are only exercisable by the CEO in respect of the land, if
the CEO in consultation with the Mayor is satisfied that the appropriate funding will be
available for any relevant acquisition costs and:
a) the land is required within five years for projects contained in Council’s current capital
works program adopted by resolution of Council; or
b) the land identified for a project in a Planning report previously approved by the Council;
or
c) the land is required for a project (Capital Works Program) identified; or
d) the Chief Executive Officer is satisfied that the resumption is minor.
Page 39 of 67
Section 40
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERNMENT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
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
Roads & Stormwater Drains
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 Section 62
land.
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 Section 65(4)
to 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.
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.
Page 40 of 67
Section 41
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to close a road to all traffic, or traffic of a particular class: Section 69(2)
(a) during a 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 Section 70(2)
while the road is being remade or repaired.
Power to agree with owner or occupier of land regarding local government entry Sections 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 Sections 71(1)
a 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 road
Power to recover an amount of compensation payable under subsection Section 72(5)
72(3)(b)(ii) in a court.
Power to give the entity conducting an activity a direction about the use of the Section 72(3)(
road to lessen the impact or to require the entity to carry out works to lessen the a) and (b)
impact or to pay an amount as compensation for the impact.
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 Section 74
roads 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.
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.
Page 41 of 67
Section 42
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
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.
Rates & Charges - Overdue
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.
The Public – Authorised Persons Power to Enter Property
Power to give or to attempt to give an occupier of a property a written notice that Section 133
informs the occupier of the local government’s intention to enter the property.
Power to assess, agree and pay compensation for damage or loss incurred by a Section 137
person because of the exercise, or purported exercise, of a power under division
1 part 2 chapter 5 of the Local Government Act 2009.
Power to authorise an employee or agent of the local government to act as a Section 138(5)
local government worker.
Power to give each local government worker an identity card. Section
138A(1)
Power to give a reasonable entry notice, as defined by section 138AA (4), to the Section 142(2)
occupier of a property that a local government worker may enter the property
and take action required under a remedial notice.
Power to recover as a debt the amount that the local government properly and Section 142(4)
reasonably incurs in taking the action from the person who failed to take the
action.
Power to recover a debt payable under section 142 of the Local Government Act Section 142
2009 as if the debt were an overdue rate. (7)
Power to give reasonable entry notice to the owner and the occupier of rateable Section 143
land of entry by a local government worker to search for and remove materials.
Power to agree and to pay the amount of compensation payable to a person Section 147
who incurs damage or loss during the course of the exercise, or purported
exercise, of a power under division 2, part 2, chapter 5 of the Local Government
Act 2009.
Legal Provisions
Power to sign a document on behalf of a local government as a delegate of the Section 236
local government.
Power to effect substituted service. Section 239
Power to authorise an employee in any legal proceedings – Section 240(1)
(a) to give instructions and act as the authorised agent for the local
government; and
(b) sign all documents for the local government.
Payroll
Power, as a prescribed employee’s employer, to pay superannuation Section 219(1)
contributions payable for the employee into LGIAsuper.
Page 42 of 67
Section 43
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
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, 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.
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.
2. To exercise the powers of Council pursuant to the Local Government Regulation 2012.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Rates & Charges
Power to identify, in any way considered appropriate, parcels of rateable land to Section 77(2)
which a minimum amount of general rates apply.
Power to allow a longer period than prescribed for the owner of land to object to Section 88(4)(d)
the categorisation of the owner’s land for rating purposes. (ii)
Page 43 of 67
Section 44
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to allow a longer period within which an owner of rateable land must give Section 90(5)(b)
an objection notice.
Power to determine a period considered appropriate for the issue of a rate Section 107(1)
notice.
Power to give a benefit that is not a discount as an inducement for payment of Section 131
rates or charges before the due date for payment.
Power to recover overdue rates or charges by bringing Court proceedings for Section 134
a debt.
Power to set a reserve price for the sale by auction of land for overdue rates and Section 143(1)
charges.
Power to enter into negotiations with the highest bidder at the auction to sell the Section 143(2)
land for overdue rates or charges and to form an agreement to sell the land.
Reporting Missing Property
Power to give written notice to the auditor general and the police of missing Section 307A
property of the local government which has a total value of $1,000.00 or more.
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.
Page 44 of 67
Section 45
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: PLANNING ACT 2016
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Planning Act 2016
Planning Regulation 2017
Development Assessment Rules
Delegated Power:
1. To exercise the Council’s powers pursuant to the Planning Act 2016 (Act).
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to decide whether or not to agree to a superseded planning Section 29
scheme request and give notice of the decision.
Power to give an exemption certificate for the development. For Section 46
avoidance of doubt, the power delegated includes the power to take all
actions as detailed in section 46.
Power to act as the “assessment manager” for all development Sections 48, 51, 53,
applications, change representations, cancellation applications and 54, 59, 60, 61, 62, 63,
extension applications received by Council under Chapter 3 of the 64, 65, 67, 71, 76, 84,
Planning Act 2016. For avoidance of doubt, the power delegated includes 85, 86, 87, 93, 100,
the power to take all actions of an assessment manager and consider all 101, 105, 107 and
matters as detailed in sections 48, 51, 53, 54, 59, 60, 61, 62, 63, 64, 65, 109
67, 71, 76, 84, 85, 86, 87, 93 100, 101, 105, 107 and 109 of the Planning
Act 2016.
Power to act as a “referral agency” for all development applications Sections 54, 55, 56,
received by Council as a referral agency under Chapter 3 of the Planning 57, 65, 66, 67, 84, 85
Act 2016. For avoidance of doubt, the power delegated includes the 100, 107 and 109
power to take all actions of a referral agency and consider all matters as
detailed in sections 54, 55, 56, 57, 65, 66, 67, 84, 85, 100, 107 and 109 of
the Planning Act 2016.
Power to act as a “responsible entity” for all change applications received Sections 79, 80, 81,
by Council as a responsible entity under Chapter 3 of the Planning Act 82, 83, 93 and 100,
2016. For avoidance of doubt, the power delegated includes the power to 105, 107 and 109
take all actions of a responsible entity and consider all matters as detailed
in sections 79, 80, 81, 82, 83, 93, 100, 105, 107 and 109 of the Planning
Act 2016.
Power to act as an “affected entity” for all change applications received by Section 80
Council as an affected entity under Chapter 3 of the Planning Act 2016.
For avoidance of doubt, the power delegated includes the power to take
all actions of an affected entity and consider all matters as detailed in
section 80 of the Planning Act 2016.
Power to carry out the steps required after making a charges resolution. Section 118
Page 45 of 67
Section 46
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give an infrastructure charges notice. For avoidance of doubt, Sections 119, 120,
the power delegated includes the power to take all actions and consider 121 and 129
all matters as detailed in sections 119, 120, 121 and 129.
Power, as a local government that gave an infrastructure charges notice, Section 123
to agree with the recipient about:-
a) whether the levied charge may be paid other than as required under
section 122, including whether it may be paid by instalments; and/or
b) whether infrastructure may be provided instead of paying all or part of
the levied charge.
Power, as a local government, to consider representations made on an Section 125
infrastructure charges notice and, issue a negotiated notice or give a
decision notice.
Power, as a local government with a LGIP that identifies adequate trunk Section 128(1)
infrastructure to service the subject premises, to impose a development
condition requiring either or both of the following to be provided at a stated
time:
a) the identified infrastructure; and/or
b) different trunk infrastructure delivering the same desired standard of
service.
Power, as a local government with a LGIP that does not identify adequate Section 128(2)
trunk infrastructure to service the subject premises, to impose a
development condition requiring development infrastructure necessary to
service the premises to be provided at a stated time.
Power in the circumstances referred to in subsection (1) to, by notice Section 137
given to the applicant, amend the infrastructure charges notice.
Power, as a local government, to agree with an applicant that a levied Section 144(2)
charge, for the purpose of its recovery, is not taken to be rates.
Power, as a local government, to impose a development condition about Section 145
non-trunk infrastructure.
Power, as a local government, to enter an infrastructure agreement. For Chapter 4, Part 4
avoidance of doubt, the power delegated includes the power to take all
actions and consider all matters as detailed in Chapter 4, Part 4.
Power, as an enforcement authority, to give a show cause notice. Section 167
Power, as an enforcement authority, to give an enforcement notice. Section 168
Power to consult with a private certifier before giving an enforcement Section 169
notice.
Power to give notice of the giving or withdrawal of an enforcement notice Section 170
to the chief executive.
Power to bring offence proceedings for an offence against the Act. Section 174
Power, as an enforcement authority, to:- Section 176(10)
(a) take the action required under the enforcement order; and
(b) recover the reasonable cost of taking the action as a debt to the
authority from the defendant.
Power, as an enforcement authority in an offence proceeding, to apply for Section 178(1)(b)
an order for the payment of the expenses.
Page 46 of 67
Section 47
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to the start proceedings in the P&E Court for an enforcement order. Section 180
Power, as an enforcement authority, to:- Section 180(13)
(a) take the action required under the enforcement order; and
(b) recover the reasonable cost of taking the action as a debt to the
authority from the respondent.
Power, as an enforcement authority in an offence proceeding, to apply for Section 214
a disposal order.
Power to make a claim for compensation from the State where Council Section 221
incurs loss because of the exercise, or purported exercise, of a power by
or for an inspector.
Power as an appellant to start an appeal. Sections 229(2) and
230
Power as a respondent or co-respondent to be heard in an appeal. Section 229(4)
Power to elect to be a co-respondent in an appeal. Section 230(6)
Power to start proceedings for a declaration by a tribunal. For avoidance Sections 239(1), 240
of doubt, the power delegated includes the power to take all actions and 241,
detailed in sections 239(1), 240 and 241.
Power to give the registrar information that the registrar reasonably Section 246(2)
requires for the proceedings.
Power to appear as a party to a tribunal proceeding. Section 248
Power to make submissions to the tribunal. Section 249
Power to give notice to the Registrar once a tribunal’s direction or order Section 257
has been complied with.
Power to give an applicant the planning and development certificate Section 265
applied for.
Power, as an owner of premises in an affected area, before entering into a Section 270
lease of the premises with a person, to give a notice that states :-
(a) the premises are in an affected area; and
(b) that restrictions may apply to the person in taking proceedings about
emissions from registered premises in the affected area.
Power to make an amendment of a type specified in subsection (1) by Section 293(5)
following the process set out in the rules. For avoidance of doubt, the
power delegated includes the power to take all actions as detailed in the
rules.
Page 47 of 67
Section 48
ATTACHMENT 1
2. To exercise the Council’s powers pursuant to the Planning Regulation 2017.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to extend the period mentioned in subparagraph (a). Section 12(b)
Power, where the request complies with the criteria stated in section 2, to Schedule 18, Section
approve the request. 3(1)
Power to give notice of the approval to the person making the request. Schedule 18, Section
3(2)
Power to keep the documents listed in subsection (1) available for Schedule 22, Section
inspection and purchase. 1
Power to publish the documents listed in subsections (1) and (4) on Schedule 22, Section
Council’s website. 3
Power, as an assessment manager, to keep the documents listed in Schedule 22, Section
subsections (1) and (2) available for inspection and purchase. 5
Power, as an assessment manager, to keep the documents listed in Schedule 22, Section
subsection (1) available for inspection only. 6
Power, as an assessment manager, to publish the documents listed in Schedule 22, Section
subsections (1) and (4) on Council’s website. 7
Power, as a referral agency, to keep the documents listed in subsections Schedule 22, Section
(a) to (d) available for inspection and purchase. 8
Power, as a referral agency, to keep a register for all development Schedule 22, Section
applications and change applications given to the referral agency under 9
section 54 of the Act and to make it available for inspection only.
Power, as a referral agency, to publish the documents listed in Schedule 22, Section
subsections (a) to (d) on Council’s website. 10
3. To exercise the Council’s powers pursuant to the Development Assessment Rules.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an assessment manager, to determine if the application is a Section 1.2
properly made application.
Power, as an assessment manager, to give a confirmation notice. Section 2.3
Power, as an assessment manager, to give an action notice. Section 3.1
Power, as an assessment manager, to agree to a further period for the Section 3.2
applicant to comply with all actions in the action notice and give notice to
the assessment manager that it has complied.
Power, as an assessment manager, to give a confirmation notice if the Section 3.4
applicant has complied with the action notice.
Power, as an assessment manager, to accept the application as a Section 3.5
properly made application after giving an action notice.
Power, as an assessment manager, to agree on a further period for giving Section 3.6(b)
a confirmation notice.
Power, as an assessment manager, to agree to a further period for the Section 5.1
applicant to give a copy of the application to a referral agency.
Power, as a referral agency, to determine if the application is a properly Section 6.2
referred application.
Power, as a referral agency, to give a referral confirmation notice. Section 7.1
Power, as a referral agency, to give the applicant an action notice Section 8.1(a)
Page 48 of 67
Section 49
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a referral agency, to give a copy of the action notice to the Section 8.1(b)
assessment manager.
Power, as a referral agency, to agree to a further period for the applicant Section 8.2
to comply with all the actions in the action notice.
Power, as a referral agency, where the applicant has complied with all the Section 8.2(b)
actions in the action notice, to give a referral confirmation notice to the
applicant and a copy to the assessment manager.
Power, as a referral agency, to give the assessment manager notice that Section 8.3(b)
the application is taken to have not been referred.
Power, as a referral agency, to agree to a further period for the referral Sections 9.2(a) and
agency assessment period. (b)
Power, as an assessing authority, to agree to receive further information Section 11.2
from the applicant during the development assessment process.
Power, as an assessing authority, to make an information request. Section 12.1
Power, as an assessment manager, to agree to a further period in which Section 12.2
to make the information request.
Power, as a referral agency, to agree to a further period in which to make Section 12.4
the information request.
Power, as an assessing authority, to give the applicant advice about an Section 12.5
information request or any other matter, including how the applicant may
change the application.
Power, as an assessing authority, to agree to a further period for the Section 13.1
applicant to respond to the information request.
Power, as an assessment manager acting under section 53(10) of the Act Sections 17.1, 17.3
to comply with the public notice requirements. and 17.4
Power, as an assessment manager, to agree to a further period for the Section 18.1
applicant to give notice of compliance with the public notice requirements.
Power, as an assessment manager, to accept properly made submissions Section 19.1
and not properly made submissions.
Power, as an assessment manager, to agree to a further period to Section 19.3
consider the submissions.
Power, as the assessment manager, to agree to a further period to assess Section 22.1(a)
and decide the application.
Power, as the assessment manager, to:- Section 25.1
(a) give a copy of the notice to each referral agency for the original
application and any other referral agency required to be given referral;
and
(b) advise each referral agency, with a copy to the applicant, of the effect
of the change on the development assessment process.
Power, as the assessment manager, to determine whether the change:- Section 26.1
(a) only deals with a matter raised in a properly made submission for the
application; or
(b) is in response to an information request for the application; or
(c) is in response to further advice provided by an assessing authority
about the application.
Page 49 of 67
Section 50
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the assessment manager, to give the applicant a confirmation Section 26.2(a)(i)
notice where part 4 applies to the changed application and part 4 did not
apply to the original application.
Power, as the assessment manager, to determine whether the change:- Section 26.2(b)
(a) would be likely to attract a submission objecting to the thing
comprising the change if public notification were to apply to the
change;
(b) only addresses a matter raised in a properly made submission.
Power, as the assessment manager, to give notice to the applicant that Section 26.2(c)
public notification is required under section 26.2(b) and that it must be
carried out in accordance with section 16.4.
Power, as a referral agency, despite section 11.1, to make an information Section 26.5
request as a result of a referral under section 26.
Power, as an assessing authority, despite section 11.1, to make an Section 27.2
information request about the change.
Power, as the assessment manager, to determine whether the change Section 27.3
would be likely to attract a submission objecting to the thing comprising
the change, if public notification were to apply to the change.
Power, as a concurrence agency, after the referral agency assessment Section 28.1
period and any further periods has ended, to change its referral agency
response or give a late referral agency response before the application is
decided.
Power, as a concurrence agency, to give notice of its intention to change Section 28.4(a)
its referral agency response to the assessment manager and the
applicant.
Power, as a concurrence agency, to agree to a further period for the Section 28.4(b)
giving of an amended referral agency response.
Power, as a party to the application, to give notice to each other party that Section 29.2
the applicant has not referred the application in accordance with section
54(1) of the Act.
Power, as a referral agency, despite section 11.1, to make an information Section 29.6
request as a result of a referral under section 29.
Power, as a party who initiated an extension under the DA rules, to give a Section 33.1
copy of the agreement to any other party to the application.
Power, as an assessment manager or as a concurrence agency for the Section 34.1
application, to ask any third party for third party advice.
Power, as an assessment manager or as a concurrence agency for the Sections 35.1 and
application, to give further advice about the application to the applicant, 35.2
including how the applicant may change the application.
Page 50 of 67
Section 51
ATTACHMENT 1
Conditions of the 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. The Delegated Officer may exercise the powers of the Council under the Planning Act 20016
for an application other than the following:
a) an application for a variation request mentioned in section 61 of the Planning Act 2016
to vary the effect of the planning scheme;
b) the approval of an application where there is substantial non-compliance with a stated
policy of the Council or a high order provision of the Planning Scheme being a desired
environmental outcome, or an overall outcome of a code;
c) the refusal of any application where Council is the assessment manager;
d) requests for change representations, and change applications to change or delete
conditions that were imposed by Council at an Ordinary Meeting or a Special Meeting;
e) and an application for a proposed development of significant community interest.
However, the delegated officer may exercise the powers of the local government under the
Planning Act 2016 for an application where the application has the potential for 'deemed approval'
in accordance with section 64 of the Act.
A councillor may request an application to be determined at a Council meeting. The request shall
be made to Chief Executive Officer, with the request to be made before the decision stage
commences.
Page 51 of 67
Section 52
ATTACHMENT 1
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 2002
Standard Plumbing and Drainage Regulation 2003
Delegated Power:
1. To exercise the powers of the Council pursuant to the Plumbing and Drainage Act 2002.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give a copy of a resolution which decides work for which a compliance Section 83
permit is not required to the chief executive and a distributor-retailer (if
applicable) and to make it available for inspection at Council’s public office.
Power to carry out a compliance assessment of plans or work in relation to Section 84
compliance assessable work by or for a public sector entity and, if satisfied,
issue a compliance permit if it is a plan and a compliance certificate if it is for a
work.
Power, as a relevant service provider, to give written consent before a Section 84(5)
compliance permit or certificate is issued.
Power to respond to a compliance request for compliance assessment of a plan Section 85
for compliance assessable work, including requesting further information,
deciding the request and, imposing reasonable and relevant conditions and
giving or refusing to give the compliance permit.
Power to give a copy of a compliance permit to: Section 85(8)
a) The owner of premises to which a permit relates; and
b) The water services provider, where Council is not the provider and the work
involves the installation of water meters.
Power, upon refusal to give a compliance permit or the grant of a compliance Section 85(10)
permit on conditions, to give the person who made the request an information
notice about the decision.
Power to assess and decide all requests for compliance assessment for Section 86
compliance assessable work according to the provisions of the Plumbing and
Drainage Act 2002 and Standard Plumbing and Drainage Regulation 2003
including giving or refusing to give the compliance certificate.
Power to decide not to assess on-site sewerage work if an approved person for Section 86(6)
the assessment gives Council a notice in the approved form verifying that the
work complies with the relevant compliance permit and the Standard Plumbing
and Drainage Regulation 2003.
Power to ask, after assessing compliance assessable work or after a Section 86(7)
compliance notice is given for on-site sewerage work, for a plan of the assessed
work.
Page 52 of 67
Section 53
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give a copy of a compliance certificate to: Section 86(10)
a) The owner of premises to which the certificate relates; and
b) The water services provider, where Council is not the provider,
and the work involves the installation of water meters.
Power upon refusal to give a compliance certificate to give the person who Section 86(12)
made the request an information notice about the decision.
Power to ask a person who has completed compliance assessable work in a Section 86A(3)(
remote area to supply a plan of the completed work. b)
Power to decide a request for compliance assessment of compliance Section 86A(4),
assessable work in a remote area to which a resolution under section 86A(1)(b) (5) and (8)
applies and to give the compliance certificate or refuse to give the compliance
certificate and issue an information notice.
Power to give a copy of a compliance certificate for compliance assessable work Section 86A(6)
in a remote area to which a resolution under section 86A(1)(b) to the owner of
the premises.
Power to give a copy of a resolution pursuant to section 86A(1)(b) to the chief Section 86A(9)
executive and to make it available for inspection at Council’s public office.
Power to replace a compliance certificate with a certificate that has different Section 86D
conditions for the ongoing operation, maintenance or testing of a relevant grey
water use facility or on-site sewerage facility.
Power to issue a written notice requiring a former holder of a compliance Section 86E
certificate for testing purposes to remove all or a stated part of a grey water use
facility or on-site sewerage facility.
Power to amend any compliance certificate for work for testing purposes if it is Section 86G
necessary or desirable due to changes in a relevant chief executive’s approval.
Power, as a relevant entity, to give the Plumbing Industry Council notice of the Section 87(3)(a)
completion of notifiable work.
Power to assess notifiable work that has been completed following the giving of Section 87(8)
a notice pursuant to section 87(3)(a).
Power, as a relevant entity, to give a copy of the notice of completion of Section 87(9)
notifiable work to the owner of the premises where the work was carried out or,
if another person asked the relevant entity to carry out the work, the other
person.
Power to administer the Standard Plumbing and Drainage Regulation for Section 89
Council’s area, or those areas not under Council’s control that it has been
requested to administer by the entity that has control of the area.
Power to appoint those individuals that have the qualifications and experience Section 107(1)
prescribed under the Standard Plumbing and Drainage Regulation 2003 as an
inspector for the purposes of the Plumbing and Drainage Act 2002. .
Power to notify the QBCC commissioner of the appointment of an inspector and Section 107(2)
to give the commissioner a list of Council’s inspectors.
Power to issue an inspector’s instrument of appointment with or without Section 108
conditions limiting the inspector’s powers under the Plumbing and Drainage Act
2002.
Power to issue an identity card to each inspector appointed under section 107 of Section 109
the Plumbing and Drainage Act 2002.
Page 53 of 67
Section 54
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to issue show causes notices before a local government gives a person Sections 115
an enforcement notice under section 116(1)(a)(ii) to (iv) or (2) of the Plumbing
and Drainage Act 2002.
Power to issue an enforcement notice to the owner of premises requiring the Section 116(1)
owner to do a stated thing.
Power to issue an enforcement notice to a person who has performed plumbing Section 116(2)
or drainage work requiring the person to do a stated thing.
Power to give an enforcement notice to the owner or occupier of the premises to Section
install a backflow prevention device. 117(2)(a)
Power to give an enforcement notice to the owner or occupier of the premises to Section
register a backflow prevention device that is required to be registered under the 117(2)(b)
Standard Plumbing and Drainage Regulation 2003.
Power to give an enforcement notice to the owner or occupier of the premises to Section
have a backflow prevention device inspected, tested and if necessary repaired 117(2)(c)
or replaced by a licensee licenced to do the work.
Power to authorise a person to dismantle or take away all or part of a grey-water Section 127A
treatment plant.
Power to authorise a person to dismantle or take away all or part of an on-site Section 128
sewerage facility.
Power to approve the disposal of the contents of a grey water treatment plant Section 128OA
into the infrastructure of the sewerage service provider for the area in which the
plant is located.
Power to approve the disposal of the contents (other than effluent) of an on-site Section 128P(2)
sewerage facility that has not been installed only for testing purposes.
Power to approve the disposal of effluent from an on-site sewerage facility that Section 128P(4)
has not been installed only for testing purposes.
Power to keep a copy of each compliance document and make compliance Section 143
documents available for inspection and purchase.
Power to keep a register of details of on site Section 143A
sewerage and greywater use facilities installed in the local government area for
which Council has given a compliance certificate.
Power to monitor greywater use facilities in Council’s local government area. Section 143B
Power to monitor an on-site sewerage facility installed for testing purposes in Section 143C
sewered areas in Council’s local government area.
2. To exercise the powers of the Council pursuant to the Standard Plumbing and Drainage
Regulation 2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to request a reasonable number of copies of a plan the subject of a Section 14(6)
compliance request.
Power to request other information that the local government requires in relation Section
to the testing of a proposed grey water use facility. 14B(c)(ii)
Power to request other information that the local government requires in relation Section
to work for testing purposes on an on-site sewerage facility. 14D(3)(c)(ii)
Page 54 of 67
Section 55
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to accept a certification of a plan for compliance assessable work or on- Section 15
site sewerage work from a competent person where the Chief Executive Officer
has decided that part of the work is outside Council’s expertise.
Power to request information or documents to assess compliance assessable Section 18
work from a person who, because of section 83(2) of the Plumbing and
Drainage Act 2002, does not require compliance permit to perform regulated
work.
Power to test or commission plumbing or drainage the subject of compliance Section 27
assessable work carried out in a remote area.
Power to accept a notice of compliance under section 86A(3)(a) of the Act from Section 29
a person other than the person who performed the work.
Power to agree to assess, and assess, notifiable work for compliance with the Section 29A
regulation.
Power to give a rectification notice and an information notice Section 29B(2)
and 29B(6)
Power to give an information notice about a decision to give a rectification notice Section 29B(6)
Power to approve the continued use of a plumbing or drainage item that is not Section 30
certified and to require a person to have the item tested at the person’s cost.
Power to determine whether an item (that an inspector is satisfied is unsuitable Section 32
for a particular use) may:
(a) not be installed or used; or
(b) be approved for installation or use with either a protective coating, lining or
wrapping or another plumbing or drainage item.
Power to decide that a supply pipe for premises or a premises group cannot Section 34(1)
give an efficient water supply for the premises or premises group.
Power to require for a supply pipe for a premises: Section 34(2)
(a) part or all of the supply pipe (premises main) to be built to the standard of a
water main;
(b) the premises main to supply directly each separately occupied part of the
premises;
(c) the premises main to supply directly each fire service within the premises.
Power to require for a supply pipe for a premises group: Section 34(3)
(a) part of the supply pipe (premises group main) to be built to the standard of a
water main;
(b) each separately occupied part of the premises group to be served directly
by a supply pipe connected to the premises group main; and
(c) each separately occupied part of the premises group that is to have a fire
service to be served directly by a fire service connected to the premises
group main.
Power to require the sanitary drainage for premises or a group of premises to be Section 35
of a standard of a sewer forming part of Council’s or another service provider’s
sewerage system.
Power to implement and maintain a program for the registration, maintenance Section 38
and testing of testable backflow prevention devices.
Power to approve the design and location of a grease arrestor. Section 39
Power to approve air-cooling equipment’s connection to a supply pipe. Section 41
Page 55 of 67
Section 56
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to approve hydraulic powered equipment’s connection to a supply pipe. Section 44
Power to approve a pipe carrying water supplied by the local government or Section 45
other service provider to be:-
(a) connected to a water storage tank used to store water obtained from another
source or;
(b) discharged into a water storage tank used to store water obtained from
another source.
Power to approve a water closet pan, urinal or another fixture below the level of Section 47
the sewer or on-site sewerage facility.
Power to issue a notice to the owner of a new building and an old building, Section 52
requiring:-
(a) the owner of the new building to pay the reasonable costs of changing the
vents of the old building; and
(b) the owner of the old building to change the vents.
Power to determine the qualifications, skills and experience that an individual Section 53
should have to be competent to assess plumbing and drainage work.
Power to perform maintenance work on existing combined sanitary drains, Section 54
apportion the reasonable costs between or among the owners and recover from
each owner, the owner’s share of Council’s costs.
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.
Page 56 of 67
Section 57
ATTACHMENT 1
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:
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 Section 15(1)
infringement 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 Section 28(1)
notice at any time before the fine is satisfied in full.
Power, as administering authority, to give the State Penalties Section 33(1)
Enforcement 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 administering authority, to state any matter in Section 157(2) State
subsection (2) is evidence of the matter. Penalties
Power to approve forms for use as infringement notices. Section 162
Page 57 of 67
Section 58
ATTACHMENT 1
Any 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.
Page 58 of 67
Section 59
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: WORKERS COMPENSATION, REHABILITATION AND WORK
HEALTH AND SAFETY
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Workers’ Compensation and Rehabilitation Act 2003
Workers’ Compensation and Rehabilitation Regulation 2014
Work Health and Safety Act 2011
Work Health and Safety Regulation 2011
Delegated Power:
1. To exercise the powers of Council pursuant to the Workers’ Compensation and
Rehabilitation Act 2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an employer, to insure and keep insured all Council’s employees and Section 48
Councillors.
Power, as an employer who is not a self-insurer, and who is or is required to be Section 66(2)
insured under a WorkCover policy, to pay the weekly payment of compensation
payable to an injured worker during the excess period.
Power, as an employer who is not a self-insurer, to pay compensation for an Section 109(4)
injury sustained by a worker where the worker has made an application for
compensation under section 132 and Council has complied with section 133A.
Power, as an employer, other than a self-insurer, to give WorkCover written Section 133A
notice in the approved form if:-
(a) a worker asks the employer for compensation for an injury sustained by the
worker; or
(b) the employer pays the worker an amount, either in compensation or instead
of compensation, that is payable by the employer or WorkCover under the Act
for an injury sustained by the worker.
Power, as an employer, to pay compensation to an injured worker for the day the Section 144
worker stops work because of the injury.
Power, as an employer, to pay the amount of the first charge or the whole of the Section
damages to the insurer. 207B(3)
Power, as an employer, to appoint a Rehabilitation and Return to Work Section 226
Coordinator where the employer meets the criteria prescribed under a regulation.
Power, as an employer, to prepare and have in place a workplace rehabilitation Section 227
policy and procedure, and review those policies and procedures every 3 years.
Power, as an employer, to assist or provide an injured worker with rehabilitation. Section 228(1)
and 228(2)
Power to comply with the requirement of an authorised person to give information Section 532C
Page 59 of 67
Section 60
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
or produce documents required under section 532C.
Power, as an employer or contractor, to keep the documents about workers, and Section 532D
contracts for the performance of work, prescribed under a regulation.
Power to apply for a review of a decision identified in section 540(1) of the Section 541
Workers’ Compensation and Rehabilitation Act 2003 and to take all steps
necessary to conduct the application and to appear at the hearing.
Power to appeal to an appeal body against the following decisions of the Section 549,
Regulator or the insurer: 550, 552A and
(a) a review decision, other than a decision to return a matter to a decision- 554
maker under section 545 of the Workers’ Compensation and Rehabilitation
Act 2003; and
(b) a decision under Chapter 3 or Chapter 4 of the Workers’ Compensation and
Rehabilitation Act 2003 that is not a decision mentioned in section 540(1) (a
non-reviewable decision),and to take all steps necessary to file and serve
the notice of appeal and conduct the appeal, to appear at any conference in
the proceeding and to appear at the hearing.
Power to seek the consent of the other party or the leave of the appeal body for 552B
Council to be represented by a lawyer at a conference under section 552A or at
the hearing of an appeal.
Power to appeal against a decision of the Regulator identified in section 567 of Section 568
the Workers’ Compensation and Rehabilitation Act 2003 and to take all steps
necessary to file and serve the notice of appeal and conduct the appeal, to
appear at any conference in the proceeding and to appear at the hearing.
Power, as a prospective employer, to request in writing that a prospective worker Section 571B
disclose to Council the worker’s pre-existing injury or medical condition, if any.
Power, as a prospective employer, to apply to the Regulator for a prospective Section 571D
worker’s claims history summary.
Power, as a principal contractor for a construction project to, by written notice, to Section 576C
ask the relevant contractor for a copy of a required document.
2. To exercise the powers of Council pursuant to the Workers’ Compensation and
Rehabilitation Regulation 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an employer of employees to appoint 1 rehabilitation and return to Section 115(3)
work coordinator for more than one workplace.
3. To exercise the powers of Council pursuant to the Work Health and Safety Act 2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to notify the regulator after becoming aware a notifiable incident has Section 38
occurred
Power to consult with workers who are, or are likely to be, directly affected by a Section 47
matter relating to work health or safety
Power to facilitate the conduct of an election for 1 or more health and safety Sections 51 to
representatives to represent workers 54
Page 60 of 67
Section 61
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to make an application to the commission to disqualify a health and safety Section 65
representative.
Power to refuse on reasonable grounds to grant access to the workplace to a Section 71(5)
person assisting a health and safety representative for a workgroup.
Power to ask the regulator to appoint an inspector to decide the matter. Section 72(5)
Power to establish a health and safety committee. Sections 75 to
78
Power, as a party to an issue, to resolve the issue in accordance with an agreed Section 80
procedure or the default procedure. and 81
Power to ask the regulator to appoint an inspector to assist in resolving the issue. Section 82(2)
Power to direct the worker to carry out suitable alternative work at the same or Section 87
another workplace.
Power to ask the regulator to appoint an inspector to attend the workplace to Section 89
assist in resolving an issue arising from a cessation of work.
Power to apply to the Commission to revoke a WHS entry permit. Section 138
Power to appeal a decision of the commission. Section 140
Power to ask the regulator to appoint an inspector to attend the workplace to Section 141
assist in resolving the dispute.
Power to apply to the Commission for it to deal with the dispute. Section 142
(4)
Power to apply to the regulator for the return of a seized thing. Section 180
Power to demand that the regulator allow the CEO to inspect a seized thing and if Section 181
the seized thing is a document to make copies of it.
Power to claim compensation from the State. Section 184
Power to make a written undertaking (a WHS undertaking) in connection with a Section 216
matter relating to a contravention or alleged contravention of the Work Health and
Safety Act.
Power, as a person who has made a WHS undertaking, to at any time, with the Section 221
agreement of the regulator, withdraw the undertaking or vary the undertaking.
Power, as an eligible person in relation to a reviewable decision to apply to the Section 224
regulator for an internal review of the decision.
Power, as an eligible person to apply to the external review body for review of a Section 229 to
reviewable decision made by the regulator or a decision made, or taken to have 229E
been made, on an internal review.
Power to appeal a decision of the commission. Section 229F
Page 61 of 67
Section 62
ATTACHMENT 1
4. To exercise the powers of Council pursuant to the Work Health and Safety Regulation
2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a person conducting a business or undertaking at a workplace, to Section 43
prepare, maintain and implement an emergency plan.
Power, as a person conducting a business or undertaking at a workplace, to Section 85 (4)
maintain a written record of the evidence provided under subsections (1), (2) and
(3).
Power to apply to the regulator for a licence to carry out demolition work. Section 144B
Power to make a submission to the regulator in relation to a proposed refusal . Section 144I
Power, as a holder of a licence to carry out demolition work, to make a Section 144P
submission to the regulator in relation to a proposed amendment to a licence.
Power, as a holder of a licence to carry out demolition work to apply to the Section
regulator to amend the licence. 144Q(1)
Power after receiving a written notice of intention to refuse an application to Section
amend the licence from the regulator, to make a submission to the regulator in 144Q(2)
relation to the proposed refusal.
Power to apply to the regulator for a replacement document. Section 144U
Power, as a holder of a licence to carry out demolition work to voluntarily Section 144V
surrender the licence document to the regulator.
Power, as a holder of a licence to carry out demolition work to make a Section 144Y
submission to the regulator in relation to the proposed suspension, cancellation
and/or disqualification.
Power, as a person with management or control of an item of plant stated in Section 265
schedule 5, part 2, to apply to the regulator for the registration of that item of
plant.
Power to respond to a notice from the regulator on a proposal to refuse Section
registration of an item of plant stated in schedule 5, part 2. 270(1)(b)
Power to respond to a notice from the regulator on a proposal to cancel the Section 288C
registration of an item of plant stated in schedule 5, part 2.
Power to return the registration document for an item of plant stated in schedule Section 288D
5, part 2 to the regulator.
Power, as a person conducting a business or undertaking, to obtain the current Section 344
safety data sheet for a hazardous chemical used at a workplace
Power, as a person conducting a business or undertaking, to prepare and Section 346
maintain a register of hazardous chemical used at a workplace.
Power to apply in writing to the regulator for authorisation to use, handle or store Section 383
a prohibited carcinogen or restricted carcinogen .
Power to ensure that all asbestos or asbestos contaminated material at a Section 422(1)
workplace is identified by a competent person.
Power to ensure that the presence and location of all asbestos or asbestos Section 424
contaminated material at a workplace is clearly indicated and if practicable
labelled.
Page 62 of 67
Section 63
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to prepare, maintain and review an asbestos register for each workplace. Sections
425(1) and
426
Power to prepare, maintain and review an asbestos management plan for each Section 429
workplace. and 430
Power, as an eligible person in relation to a reviewable decision set out in section Section 678(1)
676 of the Work Health and Safety Regulation, to apply to the regulator for an
internal review of a decision.
Power, as an eligible person in relation to a reviewable decision under section Section 678(2)
89(5), 118(5), 256(5), 269(5) or 497(5) of the Work Health and Safety Regulation
to apply to the regulator for an internal review of the decision.
Power, as an eligible person to apply to QCAT for an external review of Section 683
reviewable decision made by the regulator or of a decision made, or taken to
have been made, on an internal review.
Power to apply for an exemption from compliance with any provision of the Work Section 684
Health and Safety Regulation.
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.
Page 63 of 67
Section 64
ATTACHMENT 1
DELEGATION OF AUTHORITY
TITLE: WASTE REDUCTION & RECYCLING
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
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.
DESCRIPTION OF POWER DELEGATED LEGISLATION
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”
Power, as the operator of a waste disposal site required to hold an environmental Section 43
authority for the disposal of more than 10000t of waste in a year at the site to
install prescribed under a regulation, to install and keep in proper working order,
a weighbridge (Nb. this obligation does not come into operation until the day
provided in section 8(2) of the Regulation).
Power, as the operator of a waste disposal site at which a weighbridge is Section 44
installed, to measure and record waste.
Power, as the operator of a waste disposal site, to prepare a waste data return Section 52
for each reporting period.
Power to apply to the chief executive for accreditation as scheme manager for a Section 89
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, 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
Page 64 of 67
Section 65
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 prepare Section 128
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 entity’s Section 152
receiving, sorting, recycling, treatment or disposal of waste in the financial year.
Power to apply to the chief executive for a specific approval of a resource. Section 157
Power to agree with the chief executive to extend the time for providing additional Section 158
material requested by the chief executive on an application for a specific approval
of a resource.
Power, as holder of a specific approval of a resource, to apply to the chief Section 168
executive to transfer the benefit of the approval or amend the approval.
Power to agree with the chief executive to extend the time for providing additional Section 169
material requested by the chief executive on an application to transfer or amend
a specific approval of a resource.
Power, in relation to an approval which the minister intends to amend, cancel or Section 172
suspend, to make written submissions to show why the proposed actions should
not be taken.
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 of Section 177
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 of Section 179
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.
Page 65 of 67
Section 66
ATTACHMENT 1
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 and
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
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. As this power relates to sections 103(1), 104(1), 107(1), 108, and 249
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.
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 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
Page 66 of 67
Section 67
ATTACHMENT 1
Any 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.
Page 67 of 67