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2019-02-12 Attachment 3 to Item 5 - Delegations No Changes
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Services and Organisation Committee
12 February 2019
Att 3 to Item 5
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.
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Section 2
DESCRIPTION OF POWER DELEGATED LEGISLATION
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
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.
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Section 3
DELEGATION OF AUTHORITY
TITLE: ASBESTOS COMPLAINTS
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009
Public Health Act 2005 S14
Delegated Power:
1. The Authority to:
DESCRIPTION OF POWER DELEGATED
Sign and refer relevant asbestos complaints to Queensland Health for investigation.
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 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. 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.
4. Ensure all relevant complaints referred to Queensland Health are in writing and signed by the
delegated officer.
5. Maintain a record of all instances where this delegation has been exercised.
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Section 4
DELEGATION OF AUTHORITY
TITLE: BIOSECURITY ACT
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date:
Refer to attached Schedule
Source of Authority:
Local Government Act 2009 Section 257
Biosecurity Act 2014
Delegated Power:
1. To exercise powers of the Council pursuant to the Biosecurity Act 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, in a circumstance listed in subsection (1), to advise an inspector of the Section 36(2)
presence of the biosecurity matter.
Power, in a circumstance listed in subsection (1), to advise an appropriate Section 42(2)
authorised officer of the presence of the biosecurity matter that is a relevant
restricted matter.
Power to carry out the main function of a local government under the Act. Section 48
Power to consult with the Minister. Section 50(3)
Power to comply with a notice issued by the Minister pursuant to subsection (4). Section 50(5)
Power to agree with the chief executive that Council cannot achieve substantial Section 51(2)
compliance with the notice.
Power to comply with a request from the Minister for a written report made Section 52(2)
pursuant to subsection (1).
Power to prepare and approve a biosecurity plan for invasive biosecurity matter Section 53
for Council’s area.
Power to keep a copy of the biosecurity plan available for inspection. Section 54
Power to consult with the chief executive about the suitability and priority of the Section 59
activities.
Power to pay the amount required by a notice issued by the Minister pursuant Section 60(5)
to this section.
Power, as a relevant entity, to consult with the chief executive about a proposed Section 105
making of a code of practice.
Power to make written submissions on a proposed guideline. Section 107
Power to apply to an inspector for a biosecurity emergency order permit. Section 121
Power to apply to an inspector for a biosecurity instrument permit. Section 132
Power as a registrable biosecurity entity to apply for registration. Sections 145
and 147
Power as a registrable biosecurity entity to apply for a registration exemption. Section 146
Page 1 of 4
Section 5
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to make written submissions in response to a notice from the chief Section
executive. 150(3)(b)
Power, in the circumstances, referred to in subsection (1) to apply for Section 152
deregistration as a biosecurity entity.
Power to comply with a requirement of the chief executive made under Section 156(2)
subsection (2) or (3).
Power as a registered biosecurity entity, owner or occupier to give the chief Section 160(2)
executive a restricted place notice.
Power to apply to the chief executive for the removal of the entry for a restricted Section 164
place from the biosecurity register.
Power to apply to the chief executive for the end of a declaration of a Section 164A
designated animal as a restricted animal.
Power to apply to the chief executive for the end of a declaration of a Section 164B
designated biosecurity matter as a restricted biosecurity matter.
Power to give the chief executive further information or a document about the Section 165
application.
Power as a registered biosecurity entity to give the chief executive a change Section 170(2)
notice.
Power to apply to the chief executive for a travel approval for the movement of Section 181
a special designated animal.
Power, as a receiver of a special designated animal at a saleyard, to take the Section 187
action referred to in subsections (a) and (b).
Power, as a receiver of a special designated animal at a restricted agricultural Section 188
show, to take the action referred to in subsection (2).
Power, as a receiver of a special designated animal at a place, to take the Section 190
action referred to in subsection (2).
Power, in the circumstances referred to in subsection (1), as a receiver of a Section 193(2)
special designated animal to advise an inspector of the circumstances in
subsection (1).
Power, to comply with all reasonable directions the inspector gives. Section 193(3)
Power, as a relevant person, to create a movement record for a designated Section 194(2)
animal and to give the record to the conveyor or drover of the animal.
Power, as a relevant person, to keep and produce a movement record for a Section 197
designated animal in accordance with the requirements of this section.
Power, as person who receives a copy of a movement record, to keep and Section 198(2)
produce the copy of the movement record for in accordance with the and (7)
requirements of this section.
Power, in the circumstances referred to in subsection (4) and as a person who Section 198(5)
accepts delivery of the animal at the end of the movement, to create, keep and and (7)
produce a record complying with subsection (6).
Power, as a person having responsibility for the organisation and operation of Section 199
an agricultural show, to keep a record in the appropriate form for the designated
animal.
Power to apply for a prohibited matter permit or a restricted matter permit and to Sections 214
take all steps required to bring the application to finalisation and obtain a and 215
decision on the application.
Power to apply for the renewal of a prohibited matter permit or a restricted Sections 225
matter permit and to take all steps required to bring the application to and 226
finalisation and obtain a decision on the application.
Power to comply with a direction of the chief executive issued pursuant to Section 229
subsection (2).
Power to apply for the transfer of a prohibited matter permit or a restricted Section 230
matter permit.
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Section 6
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to consult with an interested entity about a proposed biosecurity Section
program. 235(3)(d)
Power to consult with the chief executive about a proposed biosecurity Section 239(1)
program.
Power to consult with the chief executive and an invasive animal board before Section 239(2)
authorising a biosecurity program.
Power to give make copies of a biosecurity program authorisation available for Section 241
inspection and purchase at Council’s public office.
Power to apply to the court for an order against the person convicted of an Section 358
offence against the Act to pay the costs Council has incurred in taking a thing or
doing something else during the investigation of the offence.
Power, as a relevant body, to stay the original decision, fix conditions on the Section 364
stay, fix the period of a stay and revoke a stay.
Power, as the issuing authority, after receiving an internal review application to Section 365
conduct an internal review and make a decision.
Power, as the issuing authority, to give notice of an internal review decision. Section 366
Power, as the issuing authority, to make a new decision following the receipt of Section 372(1)
directions from the court.
Power, as the issuing authority, to give effect to a decision of the court to Section 372(2)
substitute the internal review decision with a new decision.
Power, as the issuing authority for a biosecurity order, to give notice of the Section 380(2)
amount of the debt.
Power to register a charge over the land for an unpaid amount and to release Section 381
the charge once the unpaid amount has been paid.
Power, as a third party, to appear at the hearing of an application for a cost Section 383
recovery order.
Power to enter into a government and industry agreement with the Minister or Section 391
the chief executive.
Power to enter into a compliance agreement with the chief executive. Section 393
Power to apply to the chief executive to enter into a compliance agreement with Section 396
the State.
Power to give the chief executive further information or a document required to Section
decide the application. 399(1)(b)
Power, as the other party to a compliance agreement, to make written Section 405
representations to the chief executive following receipt of a show cause notice.
Power, as the holder for a relevant authority, to apply to the chief executive to Sections 479
amend the conditions of the authority and to take all steps necessary to obtain a and 480
decision on the application.
Power, as the holder for a relevant authority, to make written representations Section 485
about the show cause notice to the chief executive.
Power, as the holder for a relevant authority, to ask the chief executive to Section 490
cancel the authority.
Power, as the holder for a relevant authority, to comply with a notice requiring Section 491(3)
the return of the document evidencing the authority.
2. To exercise the powers of Council as a delegated officer pursuant to the Biosecurity Act 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to agree with the chief executive that the State and Council act in a Section 49
coordinated way to respond to a biosecurity event in the local government’s
area associated with its area’s invasive biosecurity matter.
Power to give notice of a biosecurity program before it starts. Section 240
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Section 7
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to appoint an authorised person. Section 246(2)
Power to appoint an authorised person. Section 246(3)
Power, as the administrator for relevant entity, to give an information notice to Section 312
a person who owned the thing immediately before it was forfeited to the
relevant entity.
Power, as a relevant administrator, to deal with a thing forfeited to Council Section 317
under section 315 or 316 (including returning the proceeds of sale to the
former owner of the thing after deducting the costs of sale).
Power, as the administering executive, to issue an identity card to each Section 329
designated officer.
Power to sign a certificate stating a matter listed in subsection (1). Section 355
Power to approve a biosecurity order referred to in subsection (1). Section 378(2)
Power to keep a register of all biosecurity orders given by the authorised Section 379
officer and to remove a biosecurity order from the register in the
circumstances mentioned in subsection (3).
Power to apply to the District Court for an injunction in relation to the conduct Section 386
referred to in section 385.
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
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Section 8
DELEGATION OF AUTHORITY
TITLE: BODY CORORATE & COMMUNITY MANAGEMENT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 Section 257
Body Corporate and Community Management (Specified Two-lot Schemes Module) Regulation
2011
Delegated Power:
1. To exercise powers of the council pursuant to the Body Corporate and Community
Management (Specified Two-lot Schemes Module) Regulation 2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the relevant planning body, to issue a certificate certifying the Section 33(4)
transaction has been approved or noted as required under the relevant Planning
Act.
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 1 of 1
Section 9
DELEGATION OF AUTHORITY
TITLE: BUILDING ACT
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Refer to attached Schedule
Source of Authority:
Local Government Act 2009 Section 257
Building Act 1975
Delegated Power:
1. To exercise powers of the Council as a delegated officer pursuant to the Building Act 1975.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an assessment manager, to determine whether a building Section 34A(2)
development 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 Section 41(1)
the 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, Section 54
given 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 appropriate.
Power, as the holder of a registered easement or statutory covenant, to consent Section 65
to building work.
Page 1 of 6
Section 10
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the assessment manager, to give a reminder notice about the Section 95
lapsing.
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 Section 117
owner 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 Section 222(2)
building 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 Section 231AK
for a residential care building to comply with section 231AK of the Building Act. (a)(iii) and
(b)(iii) and
section 231AL
Page 2 of 6
Section 11
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as local government, on an application by the owner of an RCB for a Section 231AL
later day to obtain a fire safety compliance certificate or certificate of
classification to:
(a) consult on the application;
(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 Section 243
given.
Power to keep a copy of each exemption granted and make the copy available Section 244
for 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 Section 245F
245F(1) and 245F(2).
Power to keep a copy of each exemption available for inspection and purchase Section
as 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 245XD(2)
used, as a pool barrier along the common boundary.
Page 3 of 6
Section 12
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 Section
the 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 Section 246AH
a 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)
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.
Page 4 of 6
Section 13
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give the swimming pool safety advisory information to the owner of Section
each non-certificate regulated pool in its local government area. 246ATC
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, Section 248(1)
structure 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 to authorise an officer to enter a building or structure and remove all Section 253
persons found there.
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)(k)
256(2)(a)-(j) of the Building Act.
Power to extend the time for an owner of a swimming pool to comply with Section 262
section 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 as a delegated officer 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 5 of 6
Section 14
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 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. 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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 6 of 6
Section 15
DELEGATION OF AUTHORITY
TITLE: DISASTER MANAGEMENT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Disaster Management Act 2003
Delegated Power:
1. To exercise the powers of council as a delegated officer pursuant to the Disaster Management
Act 2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to establish a Local Disaster Management Group for the local Section 29
government area.
Power to agree to unite with one or more other local government/s for the Section 31
purpose of establishing a local group.
Power to provide, at least once a year, written notice of the members of a Local Section 37
Disaster Management Group to the chief executive and the chairperson for the
disaster district in which the Local Disaster Management Group is situated.
Power to prepare a local disaster management plan for disaster management in Section 57(1)
the local government’s area.
Power to review, or renew, its local disaster management plan when local Section 59
government considers it appropriate.
Power to, on payment of the appropriate fee, give a person a copy of the local Section 60
disaster management plan.
Power to agree to unite with one or more other local governments for the Section 61
purpose of preparing a local disaster management plan.
Page 1 of 2
Section 16
2. To exercise the powers of council as a delegated officer pursuant to the Disaster Management
Regulation 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to inform the chief executive of the department, and the chairperson of Section 5(6)
the district group, of an appointment under section 5(1).
Power to nominate a person to a temporary district disaster management group. Section 7(1)
Power to appoint a person as a member of a local disaster management group. Section 9(1)
Power to appoint a chairperson and deputy chairperson of a local disaster Section 10(1)
management group.
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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 2 of 2
Section 17
DELEGATION OF AUTHORITY
TITLE: ENVIRONMENTAL OFFSET
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 259
Environmental Offsets Act 2014
Environmental Offsets Regulation 2014
Delegated Power:
1. To exercise the powers of Council pursuant to the Environmental Offset Act 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to make an environmental offsets policy available for inspection Section 12(3)
Power to consider a notice of election and any offset delivery plan. Section 19(1)
Power, as an administering agency, to keep a register of the matters listed in Section 90
subsection one, make the register available for inspection and give information
held on the register to the chief executive.
2. To exercise the powers of Council pursuant to the Environmental Offset Regulation 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an owner of land proposed to be included within a new area Section 11(3)(c)
covered by a later environmental offset agreement, to decide whether or not to
consent to the amended declaration of the environmental offset protection
area.
Power, as a decision maker, to decide an application for an area of land to be Section 14
identified as an advanced offset and to do all things authorised or required by
section 14 following the making of the decision.
Power, as a decision maker, to remove an advanced offset from the register Section 14(7)
kept under section 90 of the Act.
Power, as a decision maker, to decide an application to vary the boundary of Section 15
an area of land identified as an advanced offset and to do all things authorised
or required by section 15 following the making of the decision.
Power, as a relevant entity, to extend the time for applying for internal review. Section 18(2)
Power, as a relevant entity, to review a reviewable decision, make an internal Section 19
review decision and to do all things authorised or required by section 19
following the making of the decision.
Conditions of Delegation:
Page 1 of 2
Section 18
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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 2 of 2
Section 19
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 Section 133
to 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.
Power, as an administering authority, to agree to extend the applicant’s Sections 145
information request response period. and 147
Page 1 of 13
Section 20
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 Section 152
notice 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 Section 168
extend 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 Section 170
subject to the standard conditions for the relevant activity or authority.
Power, as an administering authority, to approve a variation application Section 171
subject 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 Section 203
environmental 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.
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.
Page 2 of 13
Section 21
DESCRIPTION OF POWER DELEGATED LEGISLATION
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
(a) decide to approve or refuse an amendment application; and 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 279, 280, 281,
in 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 3 of 13
Section 22
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to impose a condition on an Section 292
environmental 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 Section 304
to 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 4 of 13
Section 23
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 320DA(1)
(ii) 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 320DB(2)
the 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 Section 326G
the 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 5 of 13
Section 24
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 Section 357J
to the amendment of the licence.
Power, as an administering authority, to issue an environment protection order. Section 358
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.
Page 6 of 13
Section 25
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 Section 402
7, 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 Section 408
the 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 Section
person will enter land. 454(3)(b) and
(4)
Power, as the occupier of access land, to consent to an authorised person’s Section 455
entry onto the land.
Page 7 of 13
Section 26
DESCRIPTION OF POWER DELEGATED LEGISLATION
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
reasonably necessary where a person has failed to comply with an order made 502A(2)
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 Section 511
enforceable 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 delegated Section 516
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
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.
Page 8 of 13
Section 27
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 Section 623
1 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.
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.
Page 9 of 13
Section 28
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 Section 81R(1)
about 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.
Power to require a waste container to be kept at a particular place at Section
premises. 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
Page 10 of 13
Section 29
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 Section 85(2)
the 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 Section 85(7)
the 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 Section 87
the 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 Section 88
the 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 Section 91
the 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 Section 95
the 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.
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.
Page 11 of 13
Section 30
DESCRIPTION OF POWER DELEGATED LEGISLATION
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.
4. To exercise the powers of Council as a delegated officer pursuant to the Environmental
Protection Act 1994.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as chief executive officer, to appoint an employee of the Council to be Section 445(2)
an authorised person
Power, as administering executive, to issue an identity card to each Section 448
authorised person.
Power, as administering executive to destroy or dispose of a forfeited thing Section 463(2)
that becomes the property of Council.
Power, as chief executive officer, to delegate powers as administering Section 517 (2)
executive or otherwise under the Act to an appropriately qualified employee of and (3)
the local government and authorising sub-delegation by the employee of the
powers delegated.
Power, as administering executive, to approve forms for use under the Section 544(1)
Environmental Protection Act 1994.
Page 12 of 13
Section 31
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 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. 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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 13 of 13
Section 32
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 and 100
the 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 Section 102(1)
circumstances affecting an off-site emergency plan.
Power, as the occupier of a building, to maintain a fire and evacuation plan Section 104E
and 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
provided in preparation of a fire and evacuation plan. 104F(2)
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 Section
by the commissioner under section 104G(1). 104G(3)
Power to consult with an authorised officer about a notice under section Section 104I(9)
104I(7) or (8).
Page 1 of 3
Section 33
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to nominate a person to be appointed an assessor by the Section
commissioner 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.
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, Section 113(7)
for 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 Section 126(1)
activity 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 Section 133(2)
unit 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 Section 136(3)
commissioner to appoint a person as a SES coordinator.
Power to consult with the commissioner about the appointment of a person as Section 136(4)
a 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 Section 141(2)
in 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.
Page 2 of 3
Section 34
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 Section
in subsection (2)(b). 152C(4)
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 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. 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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 3 of 3
Section 35
DELEGATION OF AUTHORITY
TITLE: FOOD PREMISES
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Food Act 2006
Food Production Safety Act 2000
Local Government Act 2009 – Section 257
Delegated Power:
1. To exercise powers of the Council pursuant to the Food Act 2006.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce the following provisions of the : Section 23(1)
(a) section 39(1);
(b) chapters 3 and 4;
(c) chapter 6, other than section 159.
Power to administer and enforce sections 32, 33, 35 and 36 of the Food Act, in Section 24
conjunction with the State.
Power to agree with the chief executive that the State may do a thing that is a Section
matter of administration and enforcement for local government under section 25(1)(a)
23(1) of the .
Power to agree with the chief executive that Council may do a thing that is a Section
matter of administration and enforcement for the State under section 22(1) of 25(1)(b)
the .
Power to consult with the chief executive, and provide information required by Section 28
the chief executive, about the administration and enforcement of sections 24
and 25 of the .
Power to consider and grant, or refuse to grant, an application for a licence to Section 55
carry on a licensable food business.
Power to obtain and consider the written advice of an auditor about whether a Section 56(2)
food safety program complies with section 98.
Power to decide whether premises are suitable for carrying on a licensable food Section 58
business.
Power to make enquiries as to the suitability of the applicant to hold a licence, Section
and the suitability of the premises for carrying on a licensable food business. 59(1)(a)
Power to require the applicant to give Council further information or documents Section
that Council reasonably requires. 59(1)(b)
Page 1 of 5
Section 36
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to extend the time needed to make a decision about the application. Section 62(2)
Power to agree with the applicant, at any time prior to the final consideration Section 62(3)
day, about the day upon which the application must be decided.
Power to issue a provisional licence, at any time prior to deciding an application Section 64
for a licence.
Power to decide the term of the licence. (Note: not more than 3 years). Section 67
Power to decide the term of the provisional licence. (Note: not more than 3 Section 68(1)
months).
Power to extend, and further extend, the term of a provisional licence (to a total Section 68(2)
period of not more than 3 months after the provisional licence was issued).
Power to impose reasonable conditions on the licence. Section
69(1)(e)
Power to consider and renew, or refuse to renew, the licence for an application Section 72(3)
made under section 72(1) of the Food Act.
Power to consider and restore, or refuse to restore, the licence, where Section 73(3)
application has been made under section 73(1) of the Food Act.
Power to consider and amend, or refuse to amend, a licence, where application Section 74(3)
has been made under section 74(1) of the Food Act.
Power to require the applicant to give Council further information or documents Section 75(1)
Council reasonably requires to decide the application (for an application that is
made under Chapter 3, Part 5, Division 2, Subdivision 1, i.e. sections 72(1),
73(1) and 74(1)).
Power to give an information notice where Council has failed to decide an Section 77(4)
application within 30 days of receipt under Chapter 3, Part 5, Division 2,
Subdivision 1, i.e. Sections 72(1), 73(1) and 74(1).
Power to give a show cause notice. Section 79(2)
Power to consider representations about a show cause notice. Section 80(2)
Power to end the show cause process after considering representations made Section 81
by the licensee.
Power to suspend a licence after considering representations (if any). Section
82(2)(a)
Power to cancel a licence after considering representations (if any). Section
82(2)(b)
Power to suspend a licence immediately. Section 83(1)
Power to give an information notice and show cause notice, as required, before Section 83(2)
suspending a licence pursuant to section 83(1).
Power, as the second local government, to take the same action as the first Section 90(1)
local government (except the power to cancel, suspend impose conditions or
other similar action in relation to the licence).
Power, as the second local government, to advise the first local government of Section 91(2)
the thing done or omitted to be done by a licensee of a mobile food business.
Page 2 of 5
Section 37
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the first local government, to take action, in relation to a thing done Section 92(2)
or omitted to be done by the licensee in the second local government area.
Power to consider and grant, or refuse to grant, an application for a replacement Section 97
licence.
Power to consider an application and to accredit, or refuse to accredit, the food Section 103(1)
safety program.
Power to obtain and consider the written advice of an auditor about whether or Section 103(2)
not the food safety program complies with the criteria in section 104.
Power, before deciding the application, to require the applicant to give further Section 105(1)
information or documents reasonably required to decide the application.
Power to give an information notice to the applicant where the application is Section 107(4)
refused under section 107.
Power to decide that more time is needed to make a decision about the Section 108(1)
application.
Power to agree with the applicant, at any time prior to the final consideration Section 108(3)
day, about the day upon which the application must be decided.
Power, after accrediting an applicant’s food safety program, to decide how often Section 109(2)
the program must have compliance audits.
Power to determine changes to the frequency of compliance audits for a food Section 110
safety program accredited by Council.
Power to consider an application and approve, or refuse to approve, the Section 112(4)
amendment of an accredited food safety program.
Power, before deciding the application, to require the applicant to give further Section 113(1)
information or documents reasonably required to decide the application.
Power, by notice, to direct the holder of a Council accredited food safety Section 114
program to amend the program.
Power to give the holder of a food safety program a show cause notice, and to Section 118
decide the term of the show cause period.
Power to consider representations about a show cause notice. Section 119
Power, after considering written representations by the holder of the accredited Section 120
food safety program, to take no further action.
Power to cancel the accreditation of a food safety program. Section 121 (2)
Power to conduct a non-conformance audit of a food safety program. Section 160(2)
Power to approve an improvement notice where remedying the contravention Section 210(2)
would be likely to stop the food business from operating.
Power, as the ‘reviewer’, to review an original decision under Chapter 3 or Section 237
Chapter 4 of the Food Act.
Power, as reviewer, to, at any time, extend the time to apply for a review. Section 238(2)
Page 3 of 5
Section 38
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as reviewer, to, after reviewing the original decision, make a further Section 239
decision to:
(a) confirm the original decision; or
(b) amend the original decision; or
(c) substitute another decision for the original decision.
2. To exercise powers of the Council pursuant to the Food Production Safety Act 2000.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to approve the appointment of an employee of Council as an authorised Section 83
officer by Safe Food Production (QLD).
3. To exercise powers as a delegated officer pursuant to Council under the Food Act 2006 and
Food Production Safety Act 2000.
DESCRIPTION OF POWER DELEGATED LEGISLATION
NOTE: No specific power to delegate CEO’s powers included in the Food Act
2006. Section 259 of the LGA sufficient.
Section 27A(12) of the Acts Interpretation Act 1954 prevents sub-delegation.
Power to agree with the chief executive that the State may do a thing that is a Section
matter of administration and enforcement for local government under section 25(1)(a)
23(1) of the Food Act 2006.
Power to agree with the chief executive that Council may do a thing that is a Section
matter of administration and enforcement for the State under section 22(1) of 25(1)(b)
the Food Act 2006.
Power to consult with the chief executive in relation actions taken by the State Section 27(a)
on Council’s behalf under section 26(2).
Power to consult with the chief executive about the chief executive asking Section 28(4)
Council to provide information about matters administered and enforced by
Council, either solely or in conjunction with the State, under the Food Act 2006.
Power, as administering executive, to give directions to an authorised person in Section 165
the exercise of powers under the Food Act 2006.
Power to appoint an authorised person for the purposes of the Food Act 2006. Section 168
Power, as administering executive, to sign a notice that states the conditions on Section 169
which an authorised person holds office.
Power, as administering executive, to issue an identity card to each authorised Section 170
person.
Power, if a seized thing is forfeited to Council, to deal with it a manner Section 193(6)
considered appropriate.
Power to apply to the District Court for an injunction. Section 223
Power to sign a certificate stating that costs sought by Council under section Section 250(4)
255 of the Food Act 2006 were incurred.
Power to deal with a thing forfeited to Council, under section 257, in manner Section 258
considered appropriate.
Page 4 of 5
Section 39
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to approve forms for use by the Council under the Food Act 2006. Section 277(2)
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 5 of 5
Section 40
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 1 of 5
Section 41
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 2 of 5
Section 42
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’s principal officer, to give prescribed written notice of a Section 66(2)
deemed decision.
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.
Page 3 of 5
Section 43
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as agency, to waive an access charge. Sections 80, 81
and 82
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)
Page 4 of 5
Section 44
DESCRIPTION OF POWER DELEGATED LEGISLATION
access or amendment application, provided the application does not involve and 50(5)
making a healthcare decision or appointing a health care professional.
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.”
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 5 of 5
Section 45
DELEGATION OF AUTHORITY
TITLE: INTEGRITY ACT
Source of Authority:
Local Government Act 2009 – Section 259
Integrity Act 2009
Delegated Power:
To exercise the powers of Council as a delegated officer pursuant to the Integrity Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as responsible person for a government representative, to give the Section 71(3)
entity’s details to the integrity commissioner.
Power, as responsible person for a government representative, to delegate the Section 71(4)
obligation to give details under section 71(3) of the Integrity Act 2009 to the
integrity commissioner.
Power, as responsible person for a government representative, where a Section 72A(2)
lobbyist carries out a lobbying activity with the government representative, to
give the integrity commissioner information about the lobbyist or lobbying
activity, if the information may be relevant to the integrity commissioner’s
functions and powers under the Integrity Act 2009.
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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 1 of 1
Section 46
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
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.
Page 1 of 9
Section 47
DESCRIPTION OF POWER DELEGATED LEGISLATION
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.
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.
Page 2 of 9
Section 48
DESCRIPTION OF POWER DELEGATED LEGISLATION
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)
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.
Page 3 of 9
Section 49
DESCRIPTION OF POWER DELEGATED LEGISLATION
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.
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).
Page 4 of 9
Section 50
DESCRIPTION OF POWER DELEGATED LEGISLATION
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).
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.
Page 5 of 9
Section 51
DESCRIPTION OF POWER DELEGATED LEGISLATION
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
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.
Page 6 of 9
Section 52
DESCRIPTION OF POWER DELEGATED LEGISLATION
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.
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. and
Page 7 of 9
Section 53
DESCRIPTION OF POWER DELEGATED LEGISLATION
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).
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
Page 8 of 9
Section 54
DESCRIPTION OF POWER DELEGATED LEGISLATION
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.
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.
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 9 of 9
Section 55
DELEGATION OF AUTHORITY
TITLE: Land Valuations Act
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 259
Land Valuations Act 2010
Delegated Power:
To exercise the powers of Council pursuant to the Land Valuations Act 2010.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to consult with the valuer-general about a proposed decision not to Section 74
make an annual valuation of land.
Power to give the valuer-general valuation-related documents, information Section 244
about a sale or proposed sale of land for unpaid rates and information about all
land Council acquires or disposes of.
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 1 of 1
Section 56
DELEGATION OF AUTHORITY
TITLE: LIQUOR
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Liquor Act 1992
Delegated Power:
1. To exercise powers of the Council pursuant to the Liquor Act 1992.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to make comments in regard to the grant of an adult entertainment Section 107D(2)
permit.
Power to raise a matter and make comment to the chief executive, where Section
Council is consulted in relation to an application for an extended hours permit. 110(4)(a)
Power to: Section 117(2)
(a) comment on the reasonable requirements of the public in the locality; or
(b) object; in respect of the grant of a relevant application.
Power to make a submission about an application which requires a notice to Section 118A
be published under section 118 and a community impact statement to be given
under section 116.
Power to make comment in regard to the grant of an application generally. Section
121(1)(c)
Power to designate a “public place” as a “designated area”, for the purposes Section 173C(1)
of permitting the consumption of liquor, and power to set the period or times and (2)
during which the designation will have effect.
Power to advertise the designation made under section 173C (1), and power Section 173D(1)
to erect signs advising of the designation, the period and times of the and (3)
designation.
Power to repeal or amend the designation under section 173C, and power to Section 173E (1)
advertise the repeal or amendment; erect signs that the designation has been and (3)
amended; or remove signs if the designation has been repealed
Power to display a notice regarding a designation at or near each entrance to Section 173M(1)
a place within a restricted area.
Page 1 of 2
Section 57
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to: Section 173N (3)
(a) display a notice about the suspension of a restricted area and (4)
designation on each of the section 173M notices displayed for the
restricted area whilst the suspension is in force; and
(b) notify the Queensland Police Service about the suspension.
2. To exercise powers of the Council as a delegated officer of council pursuant to the Liquor Act
1992.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to appoint an employee of the local government to be a member of a Section
consultative committee for a safe night precinct. 173NH(2)(d)
Liquor Act 1992
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 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. 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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 2 of 2
Section 58
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERNMENT – AUTHORITY TO SIGN
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
Legal Provisions
Power to sign a document on behalf of a local government as a delegate of the Section 236
local government.
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register
Page 1 of 1
Section 59
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERMENT ACT – PAYROLL
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009
To exercise the powers of Council pursuant to the Local Government Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
(THE ACT)
Power, as a prescribed employee’s employer, to pay superannuation Section 219(1)
contributions payable for the employee into LGIAsuper.
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 220A(4)
contributions from the employee’s salary or any money that the employee owes
to Council.
Power, in the circumstances set out in subsection 220B(1), to agree in writing Section 220B(2)
with an employee:-
(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(3)
220B(2), to pay the amount of the reduction to the employee as salary.
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.
Page 1 of 2
Section 60
DESCRIPTION OF POWER DELEGATED LEGISLATION
(THE ACT)
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.
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 2
Section 61
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERNMENT - RATES
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
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.
Power to sign a certificate as to a charge over land for overdue rates and Section 95(3)
charges.
2. To exercise the powers of local government under the Local Government Regulation 2012
including the:
DESCRIPTION OF POWER DELEGATED LEGISLATION
Rates & Charges
Power to identify, in any way considered appropriate, parcels of rateable land Section 77(2)
to which a minimum amount of general rates apply.
Power to allow a longer period than prescribed for the owner of land to object Section 88(4)(d)(ii)
to the categorisation of the owner’s land for rating purposes.
Power to allow a longer period within which an owner of rateable land must Section 90(5)(b)
give 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.
Page 1 of 2
Section 62
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to set a reserve price for the sale by auction of land for overdue rates Section 143(1)
and charges.
Power to enter into negotiations with the highest bidder at the auction to sell Section 143(2)
the land for overdue rates or charges and to form an agreement to sell the
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. 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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 2 of 2
Section 63
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERNMENT - ROADS AND STORMWATER
DRAINS
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
Page 1 of 3
Section 64
DESCRIPTION OF POWER DELEGATED LEGISLATION
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.
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 Section 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 allow additional time to submit a claim for compensation in relation to a Section 70(6)
temporary road.
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 to assess impact on roads of specified activities under section 72 of the Section 72
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 roads.
Power to recover an amount of compensation payable under subsection Section 72(5)
72(3)(b)(ii) in a court.
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.
Page 2 of 3
Section 65
DESCRIPTION OF POWER DELEGATED LEGISLATION
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.
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.
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 3 of 3
Section 66
TITLE: LOCAL LAWS
Delegation by Council to: Council Resolution date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257 & 259
Noosa Shire Council Local Law No. 1 (Administration)2015
Noosa Shire Council Subordinate Local Law No. 1 (Administration)2015
Noosa Shire Council Local Law No. 2 (Animal Management) 2015
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015
Noosa Shire Council Local Law No. 3 (Community and Environmental Management) 2015
Noosa Shire Council Subordinate Local Law No. 3 (Community and Environmental Management)
2015
Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads)
2015
Noosa Shire Council Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities
and Roads) 2015
Noosa Shire Council Local Law No. 5 (Parking) 2015
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015
Noosa Shire Council Local Law No. 6 (Bathing Reserves) 2015
Noosa Shire Council Subordinate Local Law No. 6 (Bathing Reserves) 2015
Noosa Shire Council Local Law No.7 Waste Management 2018
Delegated Power:
1. To exercise the powers of local government under the Local Government’s Local Laws
including but not limited to the following:
2.
(a) keep and maintain a register;
(b) approve a form, accept or obtain a certificate, renew, refuse, extend, transfer,
amend, suspend, restrict, request further reasonable information or clarification,
impose prescribed conditions, cancel, make null and void, apply and amend
conditions, waive requirements and grant an approval 1;
(c) give a written, information, impounding, show cause or compliance notice;
(d) take a sample for analysis;
(e) offer a reward for information;
(f) recover the cost of an action from the responsible person;
(g) review an original decision;
(h) extend the time for making a review on an original decision;
(i) give a stop order;
1
An approval means a consent, permit, authorisation, registration, membership, label or approval under a
local government act or a local law and includes all the conditions of a consent, permit, authorisation,
registration, membership or approval.
Page 1 of 3
Section 67
(j) advise the community by signage from where animals are prohibited, or the
designation of dog off leash areas;
(k) declare or revoke an animal other than a dog to be a declared dangerous animal;
(l) establish an animal pound 2 or join with another local government or agency to
establish an animal pound;
(m) keep and make available for inspection a register of impounded animals;
(n) make a destruction order and destroy an animal;
(o) dispose of or offer an animal for sale by public auction or tender;
(p) erect, install and maintain a sign;
(q) give a relevant place a name;
(r) seize, impound and dispose of goods and animals;
(s) form an opinion for land adjoining a road to be fenced to prevent risk; and
(t) issue a parking permit.
(u) issue an infringement notice
2. To exercise the powers of local government under Noosa Shire Council Local Law No. 6
(Bathing Reserves) 2015 including the authority to appoint:
(a) an employee of the local government as an authorised person;
(b) other persons who are eligible for appointment as authorised persons under the
Local Government Act 2009;
(c) assign to a lifesaving club the responsibility for patrolling a bathing reserve.
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
2 Subject to the Planning Act 2016
Page 2 of 3
Section 68
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 3 of 3
Section 69
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,
extension applications received by Council under Chapter 3 of the 63, 64, 65, 67, 71,
Planning Act 2016. For avoidance of doubt, the power delegated 76, 84, 85, 86, 87,
includes the power to take all actions of an assessment manager and 93, 100, 101, 105,
consider all matters as detailed in sections 48, 51, 53, 54, 59, 60, 61, 107 and 109
62, 63, 64, 65, 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 57, 65, 66, 67, 84, 85
Planning Act 2016. For avoidance of doubt, the power delegated 100, 107 and 109
includes the 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 Sections 79, 80, 81,
received by Council as a responsible entity under Chapter 3 of the 82, 83, 93 and 100,
Planning Act 2016. For avoidance of doubt, the power delegated 105, 107 and 109
includes the power to 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 Section 80
by 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 1 of 7
Section 70
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 Section 128(2)
adequate 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 Section 178(1)(b)
for an order for the payment of the expenses.
Page 2 of 7
Section 71
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to the start proceedings in the P&E Court for an enforcement Section 180
order.
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 Section 214
for 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 Section 270
a 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.
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)
Page 3 of 7
Section 72
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, where the request complies with the criteria stated in section 2, Schedule 18, Section
to 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 Schedule 22, Section
subsections (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 Section 3.6(b)
giving 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 4 of 7
Section 73
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 Section 8.2
applicant to comply with all the actions in the action notice.
Power, as a referral agency, where the applicant has complied with all Section 8.2(b)
the 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 Section 8.3(b)
that 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 Section 12.4
make 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 Sections 17.1, 17.3
Act 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 Section 19.1
submissions 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 Section 22.1(a)
assess 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 5 of 7
Section 74
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 Section 26.5
information 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 Section 28.4(a)
change 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 Section 29.2
that 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 Section 29.6
information request as a result of a referral under section 29.
Power, as a party who initiated an extension under the DA rules, to give Section 33.1
a 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 6 of 7
Section 75
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 7 of 7
Section 76
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, 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.
Page 1 of 6
Section 77
DESCRIPTION OF POWER DELEGATED LEGISLATION
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.
Power to give a copy of a compliance certificate to: Section 86(10)
a) The owner of premises to which a permitted 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 Section 86A(6)
work 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
completion of notifiable work. 87(3)(a)
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.
Page 2 of 6
Section 78
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 Section 109
of the Plumbing and Drainage Act 2002.
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 Section 116(2)
plumbing 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 Section
to install a backflow prevention device. 117(2)(a)
Power to give an enforcement notice to the owner or occupier of the premises Section
to register a backflow prevention device that is required to be registered under 117(2)(b)
the Standard Plumbing and Drainage Regulation 2003.
Power to give an enforcement notice to the owner or occupier of the premises Section
to have a backflow prevention device inspected, tested and if necessary 117(2)(c)
repaired 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
sewerage facility that has not been installed only for testing purposes. 128P(2)
Power to approve the disposal of effluent from an on-site sewerage facility that Section
has not been installed only for testing purposes. 128P(4)
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.
Page 3 of 6
Section 79
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 Section
relation to the testing of a proposed grey water use facility. 14B(c)(ii)
Power to request other information that the local government requires in Section
relation to work for testing purposes on an on-site sewerage facility. 14D(3)(c)(ii)
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.
Page 4 of 6
Section 80
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to require the sanitary drainage for premises or a group of premises to Section 35
be 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
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.
1. To exercise the powers of Council as a delegated officer pursuant to the Plumbing and
Drainage Act 2002
DESCRIPTION OF POWER DELEGATED LEGISLATION
NOTE: No power to delegate CEO’s powers included in the Plumbing and
Drainage Act 2002. Section 259 of the LGA sufficient.
Section 27A (12) of the Acts Interpretation Act 1954 would prevent sub-
delegation.
Power to sign a notice containing conditions limiting an inspector’s powers Section 108
under the Plumbing and Drainage Act 2002.
2. To exercise the powers of Council as a delegated officer pursuant to the Standard Plumbing
and Drainage Regulation 2003
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to decide that a plan for compliance assessable work or on-site Section 15
sewerage work includes a part of the work that is outside the local government’s
expertise to assess.
Page 5 of 6
Section 81
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 6 of 6
Section 82
DELEGATION OF AUTHORITY
TITLE: Procurement & Contracting
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Sections 257, 259, 262
Local Government Regulation 2012 – Sections 225 to 228,230 to 235 and 238
Delegated Power:
1. To exercise the powers of the local government under the Local Government Act 2009 (the
Act) and the Local Government Regulation 2012 (the Regulation) including the authority to:
(a) undertake the following procurement and contracting activities:
(i) invite written quotes for medium-sized contractual arrangements;
(ii) invite written tenders for large-sized contractual arrangements;
(iii) invite expressions of interest (following Council resolution);
(iv) invite offers for the sale of valuable non-current assets (other than sale of land) by
written tender or auction; and
(b) make, enter into, amend or discharge contracts (established by the aforementioned
methods) for up to $1,000,000 (excluding GST) for the:
(i) procurement of goods and services (including contracts about carrying out of
works);
(ii) the disposal of valuable non-current assets (but not the sale of land);
(iii) the disposal of goods and assets (that are valuable non-current assets).
(c) make, enter into, amend or discharge contracts from the following properly established
medium-sized and large-sized contractual arrangements:
(i) quote or tender consideration plan;
(ii) approved contractor list;
(iii) register of pre-qualified suppliers;
Page 1 of 2
Section 83
(iv) preferred supplier arrangement;
(v) LGA arrangement;
(vi) an entity resolved by Council as a sole supplier;
(vii) an entity resolved by Council as providing specialised or confidential services;
(viii) when a genuine emergency exists;
(ix) the contract is for the goods and is made by auction;
(x) the contract is for second-hand goods; or
(xi) the contract is made with, or under an arrangement with, a government agency.
(d) make, enter into, amend or discharge contracts for valuable non-current asset
exceptions, subject to legislative conditions and Council resolution:
(i) disposal of an interest by renewal to an existing tenant of the land;
(ii) disposal of an interest in land to a person who owns the adjoining land;
(iii) disposal of an interest in land by lease for a telecommunications tower;
(iv) disposal of a valuable non-current asset, other than land, by way of a trade-in for
the supply of goods and services; or
(v) following Ministerial exemption (Council resolution not required).
(e) authorise payments under a properly established contract;
(f) authorise the issue of purchase cards up to the approved limit; and
(g) authorise statutory payments and specific system payments.
Any Conditions of Delegation:
1. The Delegated Officer may make, amend or discharge a contract for Council if-
(a) Council’s expenditure for the contract has been provided for in the approved annual
budget for-
(i) the financial year when the contractual action is taken; or
(ii) the financial year in which the delegation is made, if the expenditure is within the
limits stated in the resolution making the delegation; or
(b) The contractual action has been taken because of genuine emergency or hardship.
2. The delegated officer may exercise the delegated powers on behalf of Council subject to:
(a) compliance with relevant legislation, policies, guidelines and procedures; and
(b) the accepted offer is the most advantageous to Council.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 2 of 2
Section 84
DELEGATION OF AUTHORITY
TITLE: PUBLIC HEALTH
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 Section 257
Public Health Act 2005
Public Health Regulation 2005
Delegated Power:
1. To exercise powers of the Council pursuant to the Public Health Act 2005.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce the Act regarding local government public Section 13
health risks and a regulation made under section 61 stating that the regulation is
to be administered and enforced by local governments only.
Power, as an issuing authority, to apply to a magistrate for an order enforcing a Section 24(2)
public health order (an enforcement order).
Power, as an issuing authority, to enter a place to take steps to remove or Section 27(2)(b)
reduce the risk to public health from the public health risk or prevent the risk to
public health from recurring, if ordered by a magistrate.
Power, as an issuing authority, to recover the amount, plus interest, a person Section 31
has been ordered to pay under an enforcement order as an overdue rate
payable to Council under the Local Government Act 2009.
Power to lodge a request to register with the registrar of titles, in the appropriate Section 32
form over the land, an unpaid amount, including interest, that is payable to
Council under an enforcement order relating to a public health risk on land
owned by a person as a charge on the land.
Power to consult with the chief executive before the chief executive authorises a Section 36(5)
prevention and control program which relates to Council’s local government
area.
Power, as a water service provider 1, to inform the authorised person that Section 57B
Council believes that it has complied with an improvement notice issued under
this division.
1 Excludes SE Qld Councils
Page 1 of 3
Section 85
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to enter into an agreement with the chief executive for the disclosure of Sections
confidential information. 84(1)(b)(i) and
(2)(a),
226(1)(b)(i) and
(2)(a),
244(1)(b)(i) and
(2)(a), and
269(1)(b)(i) and
(2)(a)
Power, as an issuing authority, to enter the place, at reasonable times, to take Section 388(2)
the steps stated in a public health order where the person has failed to comply
the order.
Power, as an issuing authority, to give the occupier and owner of a place a Section 393(2)
notice required under the section, where an authorised person intends to enter
the place to take steps required under a public health order.
Power, as an issuing authority, to recover the amount payable, including Section 406
interest, of the reasonable costs and expenses incurred by Council in exercising
powers under section 388 or 405 as an overdue rate payable to Council under
the Local Government Act 2009.
Power, as an issuing authority, to lodge with the registrar of titles, in the Section 407
appropriate form over the land, a request to register an unpaid amount,
including interest, that is payable to Council for steps taken by it on land owned
by a person as a charge on the land.
Power, as an owner of a thing seized by an authorised person, to inspect the Section 415
thing and, it if is a document, to copy it.
Power to apply to the court for an order against a person convicted of an offence Section
against the Act for the payment of the costs Council has incurred in taking a 443(1)(b)
thing or doing something else during the investigation of the offence.
Power to deal with a thing forfeited as Council considers appropriate, including Section 446
destroying the thing.
Power, as an owner of a thing forfeited to a relevant entity under section 413(1), Section 450
to appeal against a decision resulting in the forfeiture of the thing.
Power to recover contribution from a prescribed person. Section 454B(3)
Public Health
Act 2005
Power to comply with the indemnity conditions in relation to each asbestos- Section 454C(2)
related event to which the official conduct relates. Public Health
Act 2005
Power to give notice of the proceeding to the State. Section
454CA(2)
Public Health
Act 2005
Power to ensure each authorised person who exercises powers under the Act in Section 454G
relation to an asbestos-related event has satisfactorily completed the training Public Health
prescribed by regulation. Act 2005
Page 2 of 3
Section 86
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to keep the records prescribed in subsections 454I(1), (2) for each Section 454I
asbestos-related event. Public Health
Act 2005
2. To exercise powers of the council pursuant to the Public Health Regulations 2005.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce Part 1A, Divisions 1, 2 and 3. Sections 2C,
2M, and 2T
Power to approve a site for the disposal of asbestos waste. Section 2I(2)(c)
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 3 of 3
Section 87
DELEGATION OF AUTHORITY
TITLE: PUBLIC HEALTH (INFECTION CONTROL FOR PERSONAL
APPEARANCE SERVICES)
Delegation by the Council to:
Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Public Health (Infection Control for Personal Appearance Services) Act 2003
Delegated Power:
1. To exercise powers of the council pursuant to the Public Health (Infection Control for
Personal Appearance Services) Act 2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce the Act for Council’s area. Section 9
Power to consider all applications for licences, and determine whether to grant or Section 33
refuse the application.
Power to grant an application for a licence only if Council is satisfied—the Section 34
applicant is a suitable person to hold a licence; and the premises at which the
higher risk personal appearance services are to be provided are suitable for
providing the services.
Power to have regard to the matters listed in this section in deciding whether a Section 35
person is a suitable person to hold a licence.
Power to have regard to all the matters listed in this section in deciding whether Section 36
the premises at which higher risk personal appearance services are to be
provided are suitable for providing the services.
Power to make inquiries before making a decision regarding sections 35 and 36 Section 37
and, by giving notice to the applicant, require the applicant to give Council, within
the reasonable time of at least 40 days stated in the notice, further information or
a document Council reasonably requires to decide the application.
Power to impose conditions on a licence. Sections 38(2)
and 41(1)(c)
Power to decide the earlier ending date of a licence. Section 40
Power to consider all applications for renewals of licences, and determine Section 44
whether to grant or refuse the application for renewal.
Page 1 of 4
Section 88
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give a notice to a licensee requiring the licensee to give Council, within Section 45
a reasonable period of at least 40 days stated in the notice, further information or
a document Council reasonably requires to decide a licence renewal application.
Power to consider all applications for amendments to licences, and determine Section 47
whether to grant or refuse the application to amend the licence.
Power to give a notice to the licensee requiring the licensee to give Council, Section 48
within a reasonable period of at least 40 days stated in the notice, further
information or a document Council reasonably requires to decide an licence
amendment application.
Power to determine whether to grant or refuse the application to transfer the Section 49
licence by having regard to whether the transferee is a suitable person to hold a
licence and whether the premises are suitable for providing higher risk personal
appearance services.
Power to give a notice to the licensee requiring the licensee to give Council, Section 50
within a reasonable period of at least 40 days stated in the notice, further
information or a document Council reasonably requires to decide a licence
transfer application.
Power to, for forming a belief that the ground for suspending or cancelling a Section 51(2)
licence mentioned in subsection (1)(a) exists, have regard to the matters to which
Council may have regard in deciding whether a proposed licensee is a suitable
person to hold the licence
Power to issue a ‘show cause notice’. Section 52
Power to determine whether grounds continue to exist for the suspension or Sections 54 and
cancellation of a licence after issuing the licensee with a ‘show cause’ notice, and 55
if so, determine whether to suspend or cancel the licence.
Power to suspend a licence immediately if Council believes—a ground exists to Section 56
suspend or cancel the licence; and it is necessary to suspend the licence
immediately because there is an immediate and serious risk of infection to the
licensee’s clients.
Power to consider all applications for a replacement licence, and determine Section 62
whether to grant or refuse the application for the replacement licence.
Power to make an agreement with a licensee intending to provide higher risk Section 65(3)
personal appearance services from mobile premises to allow a lesser period for
notification to Council of the licensee’s intentions.
Power to, where Council is the second local government for a licence under the Section 68
Act, notify the first local government where it is reasonable to believe that a
mobile licensee or operator has contravened their licence.
Power to, where Council is the first local government and has been notified by a Section 69
second local government of their reasonable belief that a mobile license holder or
operator has breached their licence conditions, take action under the Act.
Power to appoint authorised persons. Section 70
Power to apply conditions to an authorised person’s powers under the Act by Section 72
giving the person a signed notice.
Power to monitor compliance with the Act by having authorised persons inspect Section 105
places of business in Council’s areas and recover monitoring costs from business
proprietors.
Page 2 of 4
Section 89
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to charge a business proprietor an inspection fee to check if the remedial Section 110
notice given by an authorised person acting for Council to the proprietor has been
complied with.
Power to prosecute a business proprietor or operator for the contravention of a Section 111(7)
relevant provision for which a remedial notice has been issued without an
authorised person first issuing a remedial notice for the contravention.
Power to, at any time, extend the time for applying for a review of Council’s Section 121(2)
original decision relating to a licence application.
Power to, upon request, review an original decision and make a determination Part 7, Division
according to section 122 of the Act. 1
Power to, following the conviction of a person of an offence against this Act, apply Section 137
to the court for an order against the person for the payment of the costs Council
has incurred in taking a thing or doing something else during the investigation of
the offence.
Power to deal with a thing forfeited to Council, including destroying the thing. Section 140
Power to commence proceedings against a person who has committed an Section 143
offence against the Act.
Power to approve forms to be used in the administration and enforcement of the Section 147
Act.
Power to, with regard to an application for registration of premises made under Section 153
part 15 of the former regulation, assess the suitability of the application and the
premises under this Act, and make inquiries and require further information or a
document under section 37 of the Act.
Power to, with regard to an application for renewal of registration of premises Section 154
made under part 15 of the former regulation, assess the suitability of the applicant
and the premises under this Act, and make inquiries and require further
information or a document under section 45 of the Act.
Power to, with regard to an application for registration or renewal of registration of Section 155
2 or more premises to which sections 153(2) and 154(2) apply, issue a single
licence to cover all the premises.
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 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. 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
Page 3 of 4
Section 90
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 4 of 4
Section 91
DELEGATION OF AUTHORITY
TITLE: PUBLIC INTEREST DISCLOSURES
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 Section 257
Public Interest Disclosure Act 2010
Delegated Power:
1. To exercise the powers of Council pursuant to the Public Interest Disclosure Act 2010.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to: Section 30(1)
(a) decide not to investigate or deal with a public interest disclosure in certain and (2)
circumstances; and
(b) give written reasons for a decision not to investigate.
Power to refer a disclosure to another public sector entity in certain Section 31(1)
circumstances. and (2)
Power to give a person making a disclosure, or an entity referring a disclosure, Section 32(1)
reasonable information about the disclosure. and (2)
2. To exercise the powers of Council as a delegated officer pursuant to the Public Interest
Disclosure Act 2010.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to receive a public interest disclosure where the local government is a Section 17(3)(a)
proper authority for the purposes of section 15 of the Public Interest
Disclosure Act.
Power to establish reasonable procedures to ensure that: 28 (a) to (e)
(a) public officers making public interest disclosures receive appropriate
support;
(b) public interest disclosures are appropriately assessed, investigated and
dealt with and appropriate action is taken;
(c) appropriate action is taken about any wrongdoing disclosed;
(d) a compliant management program standard is developed; and
(e) public officers are offered protection from reprisal from other public
officers in the local government.
Power to ensure that a proper record is kept about disclosures received by the Section 29(1)
public sector entity. and (2)
Page 1 of 2
Section 92
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to review a decision not to investigate upon request from the person Section 30(3)
receiving written reasons for the decision.
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 2 of 2
Section 93
DELEGATION OF AUTHORITY
TITLE: RIGHT TO INFORMATION
Part 1 - Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 259
Right to Information Act 2009
Delegated Power:
Part 1 - To exercise the powers of Council pursuant to the Right to Information Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to disclose information under a publication scheme, without limiting another Section 22
way Council may disclose information.
Power to give access to a document created after the application is received but Section 27(2)
before notice is given under section 54.
Power to search for a document from a backup system if Council considers the Section 29(2)
search appropriate.
Power to appoint an appropriately qualified healthcare professional to make a Section
healthcare decision in relation to an access application. 30(5)(b)
Power to: Section 35
(1) ask the applicant for a further specified period to consider the application;
(2) make additional requests for further specified periods under subsection (1);
and
(3) continue to consider the application and make a considered decision in
relation to it only if—
(a) Council has asked the applicant for a further specified period under
subsection (1); and
(b) the applicant has not refused the request; and
(c) Council has not received notice that the applicant has applied for review
under this Act.
Power to make an agreement with the applicant to extend the prescribed period. Section 36(7),
“prescribed
period”
Page 1 of 6
Section 94
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give access to a document that contains information the disclosure of Section 37 (1)
which may reasonably be expected to be of concern to a government, agency or
person (the relevant third party) only if Council has taken steps that are
reasonably practicable—
(a) to obtain the views of the relevant third party about whether—
(i) the document is a document to which this Act does not apply; or
(ii) the information is exempt information or contrary to public interest
information; and
(b) to inform the relevant third party that if access is given to the document
because of an access application, access may also be given to the
document under a disclosure log.
Power to decide that: Section
(a) a document to which section 37(1) applies is a document to which the Act 37(3)(b)
does not apply; or
(b) information in a document referred to in (a) is not exempt information or
contrary to public interest information
Power to transfer the application to another agency if— Section 38(2)
(a) the document to which the application relates is not in Council’s possession
but is, to Council’s knowledge, in the other agency’s possession; and
(b) the other agency consents to the transfer.
Power to deal with an access application even if this Act provides that the Council Section 39(3)
may refuse to deal with the application.
Power to refuse to deal with the access application without having identified any or Section 40
all of the documents if—
(a) an access application is expressed to relate to all documents, or to all
documents of a stated class, that contain information of a stated kind or
relate to a stated subject matter; and
(b) it appears to Council that all of the documents to which the application
relates are comprised of exempt information.
Power to refuse to deal with an access application or, if Council is considering 2 or Section 41(1)
more access applications by the applicant, all the applications, if Council considers
the work involved in dealing with the application or all the applications would, if
carried out, substantially and unreasonably divert the resources of the Council from
their use by Council in the performance of its functions, provided that the conditions
set out in section 42(1) have been complied with.
Power to make an agreement with an applicant to extend the prescribed Section
consultation period. 42(6)(b)
Power to refuse to deal with the later application to the extent it is for access to a Section 43(3)
document or documents sought under the first application if—
(a) when the later application was made, Council had not decided the first
application; or
(b) in relation to the first application, if made under this Act—
(i) the applicant had been given notice under section 54 that access was to
be given to the document sought or to some or all of the documents
sought; or
(ii) Council had decided that the application was for a document to which
Page 2 of 6
Section 95
DESCRIPTION OF POWER DELEGATED LEGISLATION
this Act does not apply; or
(iii) Council had decided the document or documents sought were
documents access to which was refused under section 47; or
(iv) Council had refused to deal with it under this part; or
(c) in relation to the first application, if made under the Information Privacy
Act—
(i) the applicant had been given notice under section 68 of that Act that
access was to be given to the document sought or to some or all the
documents sought; or
(ii) Council had decided that the application was for a document to which
chapter 3 of that Act does not apply; or
(iii) Council had decided t the document or documents sought were
documents access to which was refused under section 67 of that Act; or
(iv) Council had refused to deal with it under chapter 3, part 4 of that Act; or
(d) Council’s decision on the first application—
(i) is the subject of a review and the review is not complete; or
(ii) has been the subject of a completed review (other than an internal
review).
Power to refuse access to a document of the Council. Section 47(3)
Power to decide whether disclosure of a document would, on balance, be contrary Sections 48(1),
to the public interest 49(1), 50(1),
and 51(1)
Power to give access to all or part of a document despite Council’s power under Section 48(3)
section 47(3)(a) to refuse access to all or part of the document.
Power to give access to all or part of a document despite Council’s power under Section 49(5)
section 47(3)(b) to refuse access to all or part of the document.
Power to give access to all or part of a document despite Council’s power under Section 50(4)
section 47(3)(c) to refuse access to all or part of the document.
Power to give access to all or part of a document despite Council’s power under Section 51(3)
section 47(3)(d) to refuse access to all or part of the document.
Power to satisfy itself in dealing an application for access to a document that is Section 52(1)
nonexistent or unlocatable, that—
(a) the document does not exist; or
(b) the document has been or should be in Council’s possession, and all
reasonable steps have been taken to find the document but the document
cannot be found.
Power to give a prescribed written notice, with regards to an access application for Section 55 (2)
a document containing prescribed information, that does not include details and (3)
mentioned in section 191(a) or (b), and in a schedule of relevant documents.
Power to waive a processing charge, or access charge, for an access application if Section 64(1)
Council considers that the likely associated costs to Council would be more than
the likely amount of the charge.
Power to give access to a document in one or more of the prescribed forms in Section 68(1)
section 68(1).
Power to refuse to give access to documents in a form requested by the applicant Section 68(4)
Page 3 of 6
Section 96
DESCRIPTION OF POWER DELEGATED LEGISLATION
and give access in another form in the circumstances specified in section 68(4).
Power to give access to a document in another form agreed to by the applicant Section 68(8)
Power to allow an additional period during which a person may access a Section 69(2)
document.
Power to defer giving access to a document for a reasonable period if the Section 72(1)
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 the same or an amended form, in a document to be
prepared for a purpose mentioned in paragraph (a) or (b);
and the document is yet to be presented or released, or included in a document to
be presented or released, as the case may be.
Power to delete irrelevant information from a copy of a document and give access Section 73
to the document by giving access to a copy of the document with the irrelevant
information deleted, only if Council considers the applicant would accept the copy
and it is reasonably practicable to give access to the copy.
Power, subject to section 55, to give access to a document containing exempt Section 74
information if it is practicable to give access to a copy of the document from which
the exempt information has been deleted and it appears to Council that the
applicant would wish to be given access to the copy.
Power, subject to section 55, to give access to a document containing contrary to Section 75
public interest information if it is practicable to give access to a copy of the
document from which the contrary to public interest information has been deleted
and it appears to Council that the applicant would wish to be given access to the
copy.
Power to consider, despite Council refusing access to a document to the extent Section 76(2)
that it comprises personal information of the applicant, whether it is consistent with
the primary object of the Act to give the applicant or an intermediary a summary of
the personal information on conditions of use or disclosure agreed between
Council and the intermediary, or between Council, the intermediary and the
applicant specified in section 76(2).
Power to consult, or make an agreement, with the information giver or a person Section 76(3)
other than the applicant if a summary of information under section 76(2) includes
information given by the information giver or the other person.
Power, despite Council refusing access to the document under section 47(3)(d), to Section 77(2)
direct that access to a document is to be given instead to an appropriately qualified
healthcare professional nominated by the applicant and approved by Council.
Power to— Section 78A
(a) include a copy of a document, or details identifying the document and
information about how the document may be accessed, in a disclosure log if
that document that does not contain personal information of the applicant
and is accessed by the applicant within the access period; or
(b) include details identifying the document and information about how the
document may be accessed and any applicable charge if the applicant has
failed to access the document within the access period.
Power to apply to the information commissioner to participate in an external review Section 89(2)
if Council is affected by the decision the subject of the external review.
Page 4 of 6
Section 97
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to apply to the information commissioner to allow Council further time to Section 93(1)
deal with the access application which has become the subject of an application for
an external review concerning a deemed decision in relation to an access
application.
Power, as a participant in an external review, to apply to the information Section 111(2)
commissioner to correct an error in a written decision of the commissioner.
Power, as a participant in an external review, to make a request to the information Section 118 (1)
commissioner to refer a question of law arising on an external review to the
Queensland Civil and Administrative Tribunal.
Power, as a participant in an external review, to appeal to the appeal tribunal Section 119
against a decision of the information commissioner on the external review.
Power to make an application to the information commissioner to extend the 10 Schedule 4,
year period during which disclosure of certain information cannot be made. Part 4,
section1(3)
Part 2 - To exercise the powers as the Principle Officer pursuant to the Right to Information Act
2009 including the authority to:
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to delegate provided under section 30(2) of the Right to Information Act
2009.
Additionally, section 27A (12) of the Acts Interpretation Act 1954 prevents sub-
delegation.
Power to deal with an access application. Section 30(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 5 of 6
Section 98
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 6 of 6
Section 99
DELEGATION OF AUTHORITY
TITLE: STATUTORY BODIES FINANCIAL ARRANGEMENTS
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Statutory Bodies Financial Arrangements Act 1982
Delegated Power:
To exercise powers of the Council pursuant to the Statutory Bodies Financial Arrangements Act
1982.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a statutory body, to operate a deposit and withdrawal account with Section 31(1)
a financial institution.
Power, as a statutory body, to keep records that show Council has invested in Section 47(2)
the way most appropriate in all the circumstances
Power, as a statutory body, to sign documents for a financial arrangement Section 62 (1)
under the Act.
Power, as a statutory body, to keep a register of the Treasurer’s approvals Section 74
under Part 9, Division 3 of the Act for Council’s exercise of a power.
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 1 of 2
Section 100
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
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Section 101
DELEGATION OF AUTHORITY
TITLE: SURVEY AND MAPPING INFRASTRUCTURE
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Survey Mapping and Infrastructure Act 2003
Delegated Power:
1. To exercise the powers of the Council pursuant to the Survey Mapping and Infrastructure Act
2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an owner or occupier of land, to consent to a surveyor placing a Section 21(2)
permanent survey mark on the land.
Power, as a public authority that placed, or requested to be placed, a survey Section 34
mark, to give to the chief executive a copy of a survey plan or other information
necessary to establish a survey mark as a recognised permanent survey mark.
Power, where the survey mark is on a road under the control of Council, to Section 39
maintain the integrity of survey markers, and provide updated information to
the survey control register.
Power, as a public authority, where the survey mark is on land, other than Section 40
roads, controlled by Council, to maintain the integrity of survey markers, and
provide updated information to the survey control register.
Power, as a public authority, where a person interferes with a recognised Section 44
permanent survey mark, to take action reasonably necessary to reinstate the
physical and survey integrity of a recognised permanent survey marker.
Power, as a public authority, to provide the chief executive with information Section 49
about the boundaries of an administrative area.
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Section 102
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 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. 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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
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Section 103
DELEGATION OF AUTHORITY
TITLE: TORUMS - TRANSPORT OPERATIONS
(ROAD USE MANAGEMENT)
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 259
Transport Operations (Road Use Management) Act 1995
Delegated Power:
1. To exercise powers of the Council pursuant to the Transport Operations (Road Use
Management) Act 1995.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to install and remove official traffic signs on Council’s roads, off-street Section 69
regulated parking areas and, with the chief executive’s written consent, on
declared roads.
Power to install official traffic signs where reasonably satisfied that there is a Section 71
danger, hindrance, and obstruction to traffic or other emergency.
Power to take proceedings against a person who has committed an offence Section 74(2)
under section 74(1) of Transport Operations (Road Use Management) Act.
Power to remove unauthorised traffic signs. Section 75(1)
Power to commence proceedings against a person who has injured one of Section 76(1)
Council’s official traffic signs.
Power to remove and detain at a place for safe keeping any vehicles, trams and Section 100
animals and any goods, equipment or thing contained in, on or about the vehicle,
tram or animal, where the requirements of section 100(1) are satisfied.
Power to regulate parking in its area on a road (other than a declared road), on Section 101(1)
a declared road (with the chief executive’s written permission) or on an off-street
regulated parking area.
Power to regulate parking by installing official traffic signs indicating how parking Section 102(1)
is regulated.
Power to exercise control over land for use as an off-street parking area under Section 104
an arrangement with a person who owns or has an interest in the land.
Power to install a parking meter or park at area for a designated parking space Section 105(5)
if it is installed in a way specified by the MUTCD or approved by the chief
executive.
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Section 104
Power to enter into an agreement with the commissioner of police in respect of Section 109(1)
annual or periodical payments to the commissioner of police for costs incurred
in the carrying out of duties by police officers enforcing parking regulations.
2. To exercise powers as a delegated officer under the Transport Operations (Road Use
Management) Act 1995.
DESCRIPTION OF POWER DELEGATED LEGISLATION
NOTE: No power to delegate CEO’s powers included in the Transport
Operations (Road Use Management) Act 1995. Section 259 of the LGA
sufficient.
Section 27A (12) of the Acts Interpretation Act 1954 prevents sub-delegation.
Power to maintain and continue official traffic signs installed pursuant to section Section 71
71(1) where the chief executive officer is reasonably satisfied that there is a
danger, hindrance, obstruction to traffic or other emergency.
Power to take all the actions of the chief executive officer of a local government Section 100
prescribed by section 100 of the Transport Operations (Road Use Management)
Act 1995 – for the removal of things from roads, including the giving of notice
and determining the manner and terms of their disposal and the disposal of
contents.
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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
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