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

                                                                            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.




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