2019-02-12 Attachment 3 to Item 5 - Delegations No Changes

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.


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