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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 consult with an interested entity about a proposed biosecurity Section
program. 235(3)(d)
Power to consult with the chief executive about a proposed biosecurity Section 239(1)
program.
Power to consult with the chief executive and an invasive animal board before Section 239(2)
authorising a biosecurity program.
Power to give make copies of a biosecurity program authorisation available for Section 241
inspection and purchase at Council’s public office.
Power to apply to the court for an order against the person convicted of an Section 358
offence against the Act to pay the costs Council has incurred in taking a thing or
doing something else during the investigation of the offence.
Power, as a relevant body, to stay the original decision, fix conditions on the Section 364
stay, fix the period of a stay and revoke a stay.
Power, as the issuing authority, after receiving an internal review application to Section 365
conduct an internal review and make a decision.
Power, as the issuing authority, to give notice of an internal review decision. Section 366
Power, as the issuing authority, to make a new decision following the receipt of Section 372(1)
directions from the court.
Power, as the issuing authority, to give effect to a decision of the court to Section 372(2)
substitute the internal review decision with a new decision.
Power, as the issuing authority for a biosecurity order, to give notice of the Section 380(2)
amount of the debt.
Power to register a charge over the land for an unpaid amount and to release Section 381
the charge once the unpaid amount has been paid.
Power, as a third party, to appear at the hearing of an application for a cost Section 383
recovery order.
Power to enter into a government and industry agreement with the Minister or Section 391
the chief executive.
Power to enter into a compliance agreement with the chief executive. Section 393
Power to apply to the chief executive to enter into a compliance agreement with Section 396
the State.
Power to give the chief executive further information or a document required to Section
decide the application. 399(1)(b)
Power, as the other party to a compliance agreement, to make written Section 405
representations to the chief executive following receipt of a show cause notice.
Power, as the holder for a relevant authority, to apply to the chief executive to Sections 479
amend the conditions of the authority and to take all steps necessary to obtain a and 480
decision on the application.
Power, as the holder for a relevant authority, to make written representations Section 485
about the show cause notice to the chief executive.
Power, as the holder for a relevant authority, to ask the chief executive to Section 490
cancel the authority.
Power, as the holder for a relevant authority, to comply with a notice requiring Section 491(3)
the return of the document evidencing the authority.
2. To exercise the powers of Council as a delegated officer pursuant to the Biosecurity Act 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to agree with the chief executive that the State and Council act in a Section 49
coordinated way to respond to a biosecurity event in the local government’s
area associated with its area’s invasive biosecurity matter.
Power to give notice of a biosecurity program before it starts. Section 240
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