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

                                                                            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.




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