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

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

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