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

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