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

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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.




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