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

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land has become an asset of the State by virtue of section 231 (repealed) of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.



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