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2017-12-12 S&O Agenda - Attachment 1 to Item 7 - Updated Delegations of Authority

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                                                                                  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
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