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

                                                                                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.




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