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2016-10-11 Services & Organisation Committee Agenda
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Services & Organisation Committee
11 October 2016
Item 8, Attachment 1
Delegation No: 2016-09
DELEGATION OF AUTHORITY
TITLE: BODY CORORATE & COMMUNITY MANAGEMENT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 Section 257
Body Corporate and Community Management (Specified Two-lot Schemes Module) Regulation
2011
Delegated Power:
1. To exercise powers of the council pursuant to the Body Corporate and Community
Management (Specified Two-lot Schemes Module) Regulation 2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the relevant planning body, to issue a certificate certifying the Section 33(4)
transaction has been approved or noted as required under the relevant Planning
Act.
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.
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Section 2
Delegation No: 2016-07
DELEGATION OF AUTHORITY
TITLE: BIOSECURITY ACT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 Section 257
Biosecurity Act 2014
Delegated Power:
1. To exercise powers of the council pursuant to the Biosecurity Act 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, in a circumstance listed in subsection (1), to advise an inspector of the Section 36(2)
presence of the biosecurity matter.
Power, in a circumstance listed in subsection (1), to advise an appropriate Section 42(2)
authorised officer of the presence of the biosecurity matter that is a relevant
restricted matter.
Power to carry out the main function of a local government under the Act. Section 48
Power to consult with the Minister. Section 50(3)
Power to comply with a notice issued by the Minister pursuant to subsection (4). Section 50(5)
Power to agree with the chief executive that Council cannot achieve substantial Section 51(2)
compliance with the notice.
Power to comply with a request from the Minister for a written report made Section 52(2)
pursuant to subsection (1).
Power to prepare and approve a biosecurity plan for invasive biosecurity matter Section 53
for Council’s area.
Power to keep a copy of the biosecurity plan available for inspection. Section 54
Power to consult with the chief executive about the suitability and priority of the Section 59
activities.
Power to pay the amount required by a notice issued by the Minister pursuant to Section 60(5)
this section.
Power, as a relevant entity, to consult with the chief executive about a proposed Section 105
making of a code of practice.
Power to make written submissions on a proposed guideline. Section 107
Power to apply to an inspector for a biosecurity emergency order permit. Section 121
Power to apply to an inspector for a biosecurity instrument permit. Section 132
Power as a registrable biosecurity entity to apply for registration. Sections 145
and 147
Power as a registrable biosecurity entity to apply for a registration exemption. Section 146
Power to make written submissions in response to a notice from the chief Section
executive. 150(3)(b)
Power, in the circumstances, referred to in subsection (1) to apply for Section 152
deregistration as a biosecurity entity.
Page 1 of 4
Section 3
Delegation No: 2016-07
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to comply with a requirement of the chief executive made under Section 156(2)
subsection (2) or (3).
Power as a registered biosecurity entity, owner or occupier to give the chief Section 160(2)
executive a restricted place notice.
Power to apply to the chief executive for the removal of the entry for a restricted Section 164
place from the biosecurity register.
Power to apply to the chief executive for the end of a declaration of a designated Section 164A
animal as a restricted animal.
Power to apply to the chief executive for the end of a declaration of a designated Section 164B
biosecurity matter as a restricted biosecurity matter.
Power to give the chief executive further information or a document about the Section 165
application.
Power as a registered biosecurity entity to give the chief executive a change Section 170(2)
notice.
Power to apply to the chief executive for a travel approval for the movement of a Section 181
special designated animal.
Power, as a receiver of a special designated animal at a saleyard, to take the Section 187
action referred to in subsections (a) and (b).
Power, as a receiver of a special designated animal at a restricted agricultural Section 188
show, to take the action referred to in subsection (2).
Power, as a receiver of a special designated animal at a place, to take the action Section 190
referred to in subsection (2).
Power, in the circumstances referred to in subsection (1), as a receiver of a Section 193(2)
special designated animal to advise an inspector of the circumstances in
subsection (1).
Power, to comply with all reasonable directions the inspector gives. Section 193(3)
Power, as a relevant person, to create a movement record for a designated Section 194(2)
animal and to give the record to the conveyor or drover of the animal.
Power, as a relevant person, to keep and produce a movement record for a Section 197
designated animal in accordance with the requirements of this section.
Power, as person who receives a copy of a movement record, to keep and Section 198(2)
produce the copy of the movement record for in accordance with the and (7)
requirements of this section.
Power, in the circumstances referred to in subsection (4) and as a person who Section 198(5)
accepts delivery of the animal at the end of the movement, to create, keep and and (7)
produce a record complying with subsection (6).
Power, as a person having responsibility for the organisation and operation of an Section 199
agricultural show, to keep a record in the appropriate form for the designated
animal.
Power to apply for a prohibited matter permit or a restricted matter permit and to Sections 214
take all steps required to bring the application to finalisation and obtain a decision and 215
on the application.
Power to apply for the renewal of a prohibited matter permit or a restricted matter Sections 225
permit and to take all steps required to bring the application to finalisation and and 226
obtain a decision on the application.
Power to comply with a direction of the chief executive issued pursuant to Section 229
subsection (2).
Power to apply for the transfer of a prohibited matter permit or a restricted matter Section 230
permit.
Power to consult with an interested entity about a proposed biosecurity program. Section
235(3)(d)
Power to consult with the chief executive about a proposed biosecurity program. Section 239(1)
Page 2 of 4
Section 4
Delegation No: 2016-07
DESCRIPTION OF POWER DELEGATED LEGISLATION
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 stay, Section 364
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 the Section 381
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 the Section 391
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 cancel Section 490
the authority.
Power, as the holder for a relevant authority, to comply with a notice requiring the Section 491(3)
return of the document evidencing the authority.
Page 3 of 4
Section 5
Delegation No: 2016-07
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.
Page 4 of 4
Section 6
Delegation No: 2016-20
DELEGATION OF AUTHORITY
TITLE: BUILDING
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 Section 257
Building Act 1975
Building Regulations 2006
Delegated Power:
1. To exercise powers of the council pursuant to the Building Act 1975.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, under IDAS to receive, assess and decide a building development Section 51(2)(a)
application.
Power to appoint or employ a private certifier or another building certifier. Section 51(2)(b)
Power to appoint or employ a building certifier where asked in writing by the Section 51(3)
nominated owner and the building work has not been certified.
Power to issue a building development approval. Section 52
Power, in carrying out functions under the Building Act, to accept and, without Section 53(2)
checking, rely and act on a certificate or other document made by or given to the
building certifier.
Power to accept and, without further checking, rely and act on a document, given Section 54
to Council by a private certifier for a building development application, for the
purpose of making it available for inspection or purchase as required by the
Sustainable Planning Act.
Power, as assessment manager, in relation to undecided building development Section 55
applications and lapsed building development approvals, to resume or start an
application for building development approval at any stage of IDAS considered
appropriate.
Power, as the holder of a registered easement or statutory covenant, to consent Section 65
to building work.
Power to decide an application to extend the period mentioned in subsection Section 71
71(3), to consult with an entity in deciding the application and to give notice of the
decision.
Power to give a private certifier a document acknowledging receipt of the fee Section 87
mentioned in subsection 86(1)(c).
Power to take the action it considers necessary to complete the building work Section 92(2)
where the building development approval lapses and the building work is other
than demolition.
Page 1 of 5
Section 7
Delegation No: 2016-20
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to use all or part of any security given to the local government for the Section 92(5)
carrying out of the building work.
Power to refund or release part of any security given to the local government for Section 93(1)
the carrying out of the building work, at any time, having regard to the progress of
the building work.
Power, as the assessment manager, to give a reminder notice about the lapsing. Section 95
Power to consult with a private certifier with regard to further extensions of the Section 97(2)
period under SPA, s 341 (When approval lapses if development not started).
Power, as the assessment manager, to take enforcement action against an owner Section 117
contravening section 114 of the Act.
Power to give a building certifier a notice (‘show cause notice’). Section 206(1)
Power to consider any representations made under the show cause notice and Section 207
decide to take no further action, or apply to the Queensland Civil and
Administrative Tribunal to start a disciplinary proceeding against the building
certifier.
Power to apply to the Queensland Civil and Administrative Tribunal to conduct Section 208(1)
disciplinary proceeding to determine whether there are proper grounds for taking
disciplinary action against a building certifier.
Power to notify the QBCC of its application to the Queensland Civil and Section 210
Administrative Tribunal.
Power to consult with any other entity considered appropriate in deciding an Section 221(2)
application made by the owner of a budget accommodation building to approve a
period for the building under section 220(a)(ii) or (b)(ii) (longer periods for
approval).
Power to grant (including with reasonable conditions) or refuse an application Section 221(3)
made by the owner of a budget accommodation building to approve a period for
the building under section 220(a)(ii) or (b)(ii) (longer periods for approval).
Power to, on written application from the owner, decide whether or not a building Section 222(2)
conforms with fire safety standards and, if applicable, state what must be done to
make the building conform.
Power to inspect budget accommodation buildings at least once every 3 years. Section 228
Power, as local government, to approve, with or without conditions, a later day for Section 231AK
a residential care building to comply with section 231AK of the Building Act. (a)(iii) and (b)(iii)
and section
231AL
Power, as local government, on an application by the owner of an RCB for a later Section 231AL
day to obtain a fire safety compliance certificate or certificate of classification to: and (b)(iii) and
(a) consult on the application; section 231AL
(b) decide the application;
(c) impose conditions on the grant of an application;
(d) Give an information notice about the decision.
Power to require the applicant to give medical evidence to support the Section 236
application.
Power to, on application by a pool owner, decide an application for exemption Section 237
from complying with part of the pool safety standard relating to barriers for a
regulated pool due to disability (with or without conditions).
Power to give notice of Council’s decision Section 238
Power to give notice of each exemption granted under Chapter 8, Part 2, Division Section 239
3 to the QBCC commissioner.
Power to give an applicant a show cause notice. Section 242(2)
Page 2 of 5
Section 8
Delegation No: 2016-20
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to consider any representations made under the show cause notice and Section 242(3)
give a further notice (a revocation notice) to the applicant, revoking the decision
previously given.
Power to give to the QBCC commissioner notice of each revocation notice given. Section 243
Power to, on application by a pool owner for exemption from complying with part Section 245A
of the pool safety standard relating to barriers for the regulated pool due to
compliance being impracticable, require further information to establish that
compliance with the part of the pool safety standard is not practicable.
Power to, on application by a pool owner, decide an application for exemption Section 245B
from complying with part of the pool safety standard relating to barriers for the
regulated pool due to compliance being impracticable (with or without conditions).
Power to give written notice of the grant of an exemption. Section 245C(1)
Power to give an information notice. Section 245C(2)
Power to give the owner of the regulated pool a show cause notice. Section 245E(2)
Power to consider any representations made under the show cause notice and Section 245E(3)
give a further notice (a revocation notice) to the owner, revoking the decision
previously given.
Power to give the QBCC commissioner the notices required by sections 245F(1) Section 245F
and 245F(2).
Power to make copy of exemption available for inspection and purchase as if it Section
were a document that chapter 9, 245FA(2)
part 6 of SPA must be available for inspection and purchase.
Power, as owner of adjoining land, to agree with the pool owner as to the Section
construction of a pool barrier along the common boundary. 245XB(2)
Power, as owner of adjoining land, to agree with the pool owner as to the Section
alteration or replacement of a dividing fence that is used, or proposed to be used, 245XD(2)
as a pool barrier along the common boundary.
Power, as owner of adjoining land where a pool barrier is constructed along the Section
common boundary for a pool on the other land, to: 245XF(2) and
•alter or replace the part of the pool barrier with the agreement of the pool owner; (3)
or
•attach a think on the part of the pool barrier that does not unreasonably or
materially alter or damage the barrier.
Power, as owner of adjoining land, to grant access to Council’s land to the owner Section
of the other land to carry out fencing work. 245XG(1)
Power, as owner of adjoining land, where Council has carried out urgent fencing Section
work under section 245XK of the Building Act and the owner of the other land is 245XN(2)
responsible for some or all of the costs of carrying out the fencing work under
section 245XH of the Building Act, to require the owner of the other land to
contribute a share for any reasonable cost incurred for the fencing work.
Power, as owner of adjoining land, to apply to QCAT, in the absence of the owner Section
of the other land, for authorisation to carry out fencing work, including 245XS(1)
apportionment of the contributions for the work.
Power, as owner of adjoining land, where an order has been made under section Section
245XS(1) of the Building Act and the owner of the other land has since been 245XS(3)
located, to give a copy of the order to the owner of the other land and recover the
contribution as stated in the order.
Page 3 of 5
Section 9
Delegation No: 2016-20
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as owner of adjoining land, where the owner of the other land has carried Section
out fencing work for a dividing fence forming part of a pool barrier without 245XV(2)
authorisation, to apply to QCAT for an order requiring the owner to rectify the
dividing fence.
Power to inspect a regulated pool for compliance when a pool safety complaint Section
notice, or section 245I or 245UA notice is received. 246ADA(2)
Power to take necessary enforcement action to ensure the pool complies with the Section
pool safety standard or fencing standards for the pool. 246ADA(5)
Power to cancel pool safety certificate for a regulated pool. Section
246AF(2)
Power to give the QBCC commissioner notice of the cancellation of the pool Section
safety certificate for a regulated pool. 246AF(3)
Power to give a show cause notice before cancelling a pool safety certificate. Section
246AG(1)
Power to consider submissions and decide whether to cancel a pool safety Section
certificate. 246AG(5)
Power to give the owner notice of the decision. Section
246AG(6)
Power to give the owner an information notice about the decision. Section
246AG(7)
Power to appoint or employ a pool safety inspector to conduct an inspection of a Section 246AH
pool in the circumstances referred to in subsection (1).
Power to keep a record of a notice mentioned in section 246ADA(1) and the Section 246AIA
results of the inspection carried out under section 246ADA.
Power to comply with a request for information from the QBCC commissioner. Section
246AIB(2)
Power to give the QBCC commissioner notice of each existing regulated pool in Section 246AQ
Council’s local government area of which it has a record.
Power to give the swimming pool safety advisory information to the owner of each Section 246ATC
non-certificate regulated pool in its local government area.
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, structure Section 248(1)
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, as local government, to make a complaint for an offence against section Section
245G(1) of the Building Act 1975. 256(2)(d)
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)
Page 4 of 5
Section 10
Delegation No: 2016-20
DESCRIPTION OF POWER DELEGATED LEGISLATION
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)(a)- 256(2)(k)
(j) of the Building Act.
Power to extend the time for an owner of a swimming pool to comply with section Section 262
235 (where an extension under section 49H(11)(b) of the Local Government Act
1936 is still in force.
2. To exercise powers of the council 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.
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.
Page 5 of 5
Section 11
Delegation No: 2016-05
DELEGATION OF AUTHORITY
TITLE: ENVIRONMENTAL OFFSET
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 259
Environmental Offsets Act 2014
Environmental Offsets Regulation 2014
Delegated Power:
1. To exercise the powers of council pursuant to the Environmental Offset Act 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to make an environmental offsets policy available for inspection Section 12(3)
Power to consider a notice of election and any offset delivery plan. Section 19(1)
Power, as an administering agency, to keep a register of the matters listed in Section 90
subsection one, make the register available for inspection and give information
held on the register to the chief executive.
2. To exercise the powers of council pursuant to the Environmental Offset Regulation 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an owner of land proposed to be included within a new area Section 11(3)(c)
covered by a later environmental offset agreement, to decide whether or not to
consent to the amended declaration of the environmental offset protection
area.
Power, as a decision maker, to decide an application for an area of land to be Section 14
identified as an advanced offset and to do all things authorised or required by
section 14 following the making of the decision.
Power, as a decision maker, to remove an advanced offset from the register Section 14(7)
kept under section 90 of the Act.
Power, as a decision maker, to decide an application to vary the boundary of Section 15
an area of land identified as an advanced offset and to do all things authorised
or required by section 15 following the making of the decision.
Power, as a relevant entity, to extend the time for applying for internal review. Section 18(2)
Power, as a relevant entity, to review a reviewable decision, make an internal Section 19
review decision and to do all things authorised or required by section 19
following the making of the decision.
Page 1 of 2
Section 12
Delegation No: 2016-05
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.
Page 2 of 2
Section 13
Delegation No: 2016-21
DELEGATION OF AUTHORITY
TITLE: ENVIRONMENTAL PROTECTION Delegation No: 2016-21
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Environmental Protection (Water) Policy 2009
Environmental Protection Act 1994
Environmental Protection Regulation 2008
Delegated Power:
1. To exercise powers of the council pursuant to the Environmental Protection (Water) Policy
2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, in cooperation with the chief executive, to develop a healthy waters Section 24(2)
management plan.
2. To exercise powers of the council pursuant to the Environmental Protection Act 1994.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an affected person, to make written comments to the chief executive Sections 42 and
about a TOR notice. 43
Power to make a written submission about a submitted EIS. Section 54
Power, as an administering authority, to give an applicant a notice about an Section 128
application that is not a properly made application.
Power to agree a further period within which the applicant must give notice Section 129
under section 128
Power, as an administering authority, to give a notice about an application made Section 130
by joint applicants, to the principal applicant nominated in the application.
Power, as an administering authority, to refuse to allow a change to an Section 132
application if the change would result in the application not being a properly
made application and the applicant does not take action to make the remade
application properly made.
Power, as an administering authority, to give written agreement that a change to Section 133
an application is a minor change.
Power, as an administering authority, to determine satisfaction that the Section
requirements under the application stage have been complied with. 136(b)(i)
Power, as an administering authority, to make a written information request to Section 140
the applicant to give further information needed to assess the application.
Page 1 of 11
Section 14
Delegation No: 2016-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to agree to extend the applicant’s Sections 145
information request response period. and 147
Power, as an administering authority, to determine not to make an information Section
request. 148(b)(i)
Power, as an administering authority, to give the applicant an information notice Section 152
prescribing an additional or substituted way to give public notice of an
application.
Power to decide to allow or not allow substantial compliance with public notice Section 159
requirements.
Power, as an administering authority, to by written notice to the applicant extend Section 168
the decision period and further extend the decision period with the written
agreement of the applicant.
Power, as an administering authority, to approve a standard application subject Section 170
to the standard conditions for the relevant activity or authority.
Power, as an administering authority, to approve a variation application subject Section 171
to the standard conditions for the relevant activity or authority or subject to
conditions which are different to the standard conditions for the activity or
authority.
Power, as an administering authority, to refuse a site- specific application or Section 172
approve a site-specific application subject to conditions.
Power, as an administering authority, to impose a condition on an environmental Section 203
authority or draft environmental authority to which section 115 applies.
Power, as an administering authority, to amend an environmental authority to Section 211
correct a clerical or formal error by giving written notice to the holder but only if
the amendment does not adversely affect the interests of the holder or anyone
else.
Power, as an administering authority, to amend an existing environmental Section 213
authority issued subject to conditions to replace the existing standard conditions
with new standard conditions issued by the chief executive and to give written
notice of the amendment to the environmental authority holder.
Power, as an administering authority, to make an amendment to an Section 215
environmental authority which is necessary or desirable because of a matter
mentioned in section 215(2) or if the holder has agreed in writing to the
amendment.
Power, as an administering authority, to make other amendments to an Sections 216
environmental authority in accordance with the procedure required by Chapter and 219
5, Part 6, Division 2 or with the written agreement of the authority holder.
Power, as an administering authority, to refuse an amendment application to Section 227A
which section 227A(1) applies, to require the environmental authority holder to
make a site specific application and to give written notice of the refusal to the
applicant.
Power, as an administering authority, to decide whether an application made by Section 228
the holder of an environmental authority to amend the authority is a minor or
major amendment.
Power, as an administering authority, to give written agreement to the continued Section 237
assessment of a changed application to amend an environmental authority.
Power, as an administering authority, to request further information needed to Section 238(3)
assess a changed amendment application which is not a minor change and to
which the information stage applies.
Page 2 of 11
Section 15
Delegation No: 2016-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to decide that the notification stage be Section 238(7)
repeated in respect of a changed amendment application which would be likely
to attract a submission objecting to the change.
Power, as an administering authority, to:- Section 240 and
(a) decide to approve or refuse an amendment application; 242
(b) if the amendment is approved, to make other amendments to the
conditions of the environmental authority;
(c) give notice of the decision to the applicant; and
(d) include a copy of any amended environmental authority in the
register.
Power, as an administering authority, to decide to approve an application to Section 247
amalgamate environmental authorities or refuse an amalgamation application to
which section 247(1)(b) applies.
Power, as an administering authority, to:- Section 250C
(a) de-amalgamate an environmental authority;
(b) issue 2 or more environmental authorities; and
(c) include each environmental authority in the relevant register.
Power, as an administering authority, to approve or refuse an application by the Section 254
holder of an environmental authority to transfer all or part of the environmental
authority to another entity.
Power, as an administering authority, to decide whether a final rehabilitation Section 264
report includes enough information to decide that the requirements in section
264(1)(b)(i) and 264(1)(b)(ii) have been met.
Power, as an administering authority, to make a written request to an applicant Section 265
to give further information needed to assess an application to surrender an
environmental authority.
Power, as an administering authority, to approve or refuse a surrender Section 266
application.
Power, as an administering authority, to:- Sections 278,
(a) cancel or suspend an environmental authority if an event mentioned 279, 280, 281,
in section 278(2) has occurred; 282, and 283
(b) follow the procedures in Chapter 5, Part 11, Division 2; and to and 284
(c) give notice of the decision; and
(d) record the action in the relevant register.
Power, as an administering authority, to approve or refuse an application made Section 284C
by the holder of an environmental authority to suspend the environmental
authority.
Power, as an administering authority, to impose a condition on an environmental Section 292
authority requiring the holder to give financial assurances as security for
compliance with the environmental authority and for costs or expenses
mentioned in section 298.
Power, as an administering authority, to decide the amount and form of financial Section 295
assurance required under a condition of an environmental authority.
Power, as an administering authority, to give notice of the decision under Section 296
section 295(1).
Page 3 of 11
Section 16
Delegation No: 2016-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to decide to make a claim on or realise a Section 301
financial assurance.
Power, as an administering authority, to by written notice require an applicant to Section 304
give a compliance statement for a financial assurance before deciding an
application to amend or discharge the financial assurance.
Power, as an administering authority, to approve or refuse an application by the Section 305
holder of an environmental authority to amend the amount or form of a financial
assurance stated in a notice given under section 296 or to discharge a financial
assurance.
Power, as an administering authority, to require a change of the amount of a Section 306
financial assurance.
Power, as an administering authority to, in the circumstances referred to in Section 307
subsection (1), give notice stating how much of the financial assurance has
been used and requiring it be replenished.
Power, as the administering authority, to recover from the holder of an Section 308
environmental authority as a debt, outstanding annual fees.
Power, as an administering authority, to change the anniversary day for an Section 310
environmental authority for which an annual fee is prescribed, in the
circumstances provided for by section 310(1)(a) and 310(1)(b).
Power, as an administering authority, to change an anniversary day for an Section 311
environmental authority.
Power, as an administering authority, to, in the circumstances specified in Section 314
section 314(1)(a) and 314(1)(b):-
(a) require the holder of the environmental authority to make a site-
specific application for a new environmental authority under Chapter
5 Part 2 or make an amendment application for the authority under
Chapter 5 Part 7; and
(b) give written notice of the proposed requirement prior to making it.
Power, as an administering authority, to ask any entity for advice, comment or Section 315
information about an application made under Chapter 5.
Power to make submissions about a proposed ERA standard. Section 318A
Power, as person aware of an event described in section 320A, to give written Section 320C
notice of the event, its nature and the circumstances in which it happened to the
administering authority, any occupier of the affected land or any registered
owner of the affected land, or by public notice.
Power, as employer aware of an event described in section 320A, to give written Section 320D
notice of the event, its nature and the circumstances in which it happened to the
administering authority, any occupier of the affected land or any registered
owner of the affected land, or by public notice.
Power, as a person mentioned in section 320A(2)(a), to within 24 hours after Section
becoming aware of an event or change mentioned in section 320A(2)(b)(i) or (ii) 320DA(1)
give the administering authority written notice of the matters stated in subsection
(2).
Page 4 of 11
Section 17
Delegation No: 2016-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a person mentioned in section 320A(2)(a), to within 20 business days Section
after becoming aware of an event or change mentioned in section 320A(2)(b)(iii) 320DA(3)
give the administering authority written notice of the activity.
Power, as a local government mentioned in section 320(3)(a), to within 20 Section
business days after becoming aware that the activity has been, or is being, 320DB(1)
carried out on land in its area, give the administering authority written notice.
Power, as a local government mentioned in section 320(3)(b), to within 24 hours Section
after becoming aware of the event or the change in condition of the land give the 320DB(2)
administering authority written notice.
Power, as an administering authority, to require a person to conduct or Sections 322
commission an environmental audit and give an environmental report about the and 323
audit.
Power, as an administering authority, to require a person to conduct or Section 326B
commission an environmental investigation.
Power, as an administering authority, to ask for further information. Section 326F
Power, as an administering authority, to accept the report or refuse to accept the Section 326G
report and to give notice of the decision.
Power, as an administering authority which has accepted an environmental Section 326H
report under section 326G, to do 1 or more of the things listed in subsection (1).
Power, as an administering authority which has refused to accept an Section 326I
environmental report under section 326G(4)(b), to, by written notice, require the
recipient to conduct or commission another environmental investigation and
submit a report on the investigation.
Power, as an administering authority, to require a person or public authority to Section 332
submit a draft transitional environmental program.
Power to submit a draft transitional environmental program to the administering Section 333
authority for approval.
Power, as an administering authority, to by written notice require the person or Section 334A
public authority that submitted the draft transitional environmental authority to
give further information.
Power to make a submission in relation to a draft transitional environmental Section 335
program.
Power, as an administering authority, to invite parties to a conference to help it Section 336
determine whether or not to approve a draft transitional environmental program.
Power, as an administering authority, to seek advice, comment or information Section 336A
about a TEP submission.
Power, as an administering authority, to extend the period for decision about a Section 337
draft transitional environmental program and approve a draft transitional
environmental program.
Power, as an administering authority, to:- Section 339(1)
a) approve a draft transitional environmental program as submitted or with
amendments requested or agreed to by the administering authority; or
b) refuse to approve a draft transitional environmental program.
Page 5 of 11
Section 18
Delegation No: 2016-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to impose on an approval of a draft Section 339(2)
transitional environmental program:-
a) any conditions the authority must impose under a regulatory requirement;
and
b) any other conditions the administering authority considers appropriate.
Power, as an administering authority, to give a person or public authority who Section 340
submitted a draft transitional environmental program for approval written notice
of the decision.
Power, as an administering authority, to approve a draft transitional Section 342
environmental program if there has been substantial compliance with public
notice requirements.
Power, as an administering authority, to consider and approve or refuse an Section 344
application to amend a transitional environmental program.
Power, as an administering authority, to cancel the approval for a transition Section 344E
environmental program, give notice of the decision or record details of the
decision in a register.
Power, as an administering authority, to withdraw the notice or remove the Section 344F
record.
Power, as an administering authority, to give the holder of the environmental Section 344G
authority a copy of the authority that does not include the note.
Power, as an administering authority, to apply to the Court for an order that Section 355
section 353(1) does not apply.
0.Power, as an administering authority who has made an application to the Section 357(2)
Court under section 355, to apply to the Court for an order pending decision on
the application.
Power, as administering authority, to – Sections 357C,
• grant an application for a temporary emissions licence, with or without 357D and 357E
conditions, as submitted or on different terms than have been requested in
the application; or
• refuse to grant the application for a temporary emissions licence.
Power, as administering authority, to amend, cancel or suspend a temporary Section 357J
emissions licence.
Power, as holder of a temporary emissions licence, to give written agreement to Section 357J
the amendment of the licence.
Power, as an administering authority, to issue an environment protection order. Section 358
Power, as the land’s owner, to make a written submission to the administering Section 376
authority in response to a show cause notice issued pursuant to section 375.
Power, as owner, to consent to another party entering its land to conduct or Section 390
commission remediation works. Power, to give the administering authority:-
(a) a contaminated land investigation document accompanied by a
declaration and a statement; and
(b) a statement as owner of the land agreeing to the draft plan.
Power, as a prescribed responsible person, to make a written submission in Section 392(1)
response to a show cause notice issued pursuant to section 391.
Page 6 of 11
Section 19
Delegation No: 2016-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a prescribed responsible person, to comply with a notice issued by Section 394(5)
the administering authority pursuant to this section.
Power, as a prescribed responsible person, to:- Section 395
(a) obtain the consent of the owner or occupier to enter the land;
(b) give the owner or occupier written notice of the intention to enter the
land;
(c) agree with the owner or occupier about reasonable compensation
because of the loss or damage; and
(d) appear in any proceeding before a court of competent jurisdiction
(including instructing a legal representative to appear) where agreement
about compensation cannot be reached.
Power, as a prescribed responsible person, to comply with a requirement of the Section 397
administering authority given pursuant to this section.
Power to apply to amend a site management plan and to comply with Chapter 7, Section 402
Part 8, Division 3, Subdivisions 2 to 4 as they relate to the application.
Power, as owner or occupier of land, to consent to the amendment of a site Section 403
management plan for the land by the administering authority.
Power, as the person who released the contaminant, the relevant local Section 404
government or the owner of the land, to prepare a draft amendment of a site
management plan if requested to do so by the administering authority and to
comply with Chapter 7, Part 8, Division 3, Subdivisions 2 to 5 as they relate to
the draft amendment.
Power, as owner of land, to give a lessee or proposed lessee notice that Section 407
particulars of the land have been recorded in the contaminated land register.
Power, as an owner of land in a circumstance listed in subsection (1), to give the Section 408
notice required by subsection (2).
Power, as an administering authority, to require a person to provide information Section 451
for the enforcement or administration of this Act.
Power, as owner or occupier of land, to consent to an authorised person’s entry Section 452
onto the land.
Power, as owner or occupier of land, to consent to an authorised person’s entry Section 454
onto the land.
Power, as an administering authority, to issue a notice that an authorised person Section
will enter land. 454(3)(b) and
(4)
Power, as the occupier of access land, to consent to an authorised person’s Section 455
entry onto the land.
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)
Page 7 of 11
Section 20
Delegation No: 2016-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to carry out work or take other action Section 502A(2)
reasonably necessary where a person has failed to comply with an order made
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 enforceable Section 511
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 Section 516
delegated 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.
Power, as a dissatisfied person, to appeal to the Land Court against a review Section 524
decision of an original decision mentioned in schedule 2, part 1.
Power, as a dissatisfied person, to appeal to the Planning and Environment Section 531
Court against a review decision of an original decision, other than a review
decision to which Chapter 11, Part 3, Division 3, Subdivision 1 of this Act applies
or a review decision that relates to an original decision mentioned in Schedule 2,
Part 3.
Page 8 of 11
Section 21
Delegation No: 2016-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, keep the registers listed in section 540(1) Section 540,
and keep them available for inspection. 541 and 542
Power, as an administering authority, to prepare and submit a report to the chief Section 546
executive.
Power, as an administering authority, to consult with the chief executive about Section 548(3)
guidelines the chief executive proposes for administering authorities.
Power to consult with the chief executive about guidelines the chief executive Section 549(3)
proposes.
Power, in the circumstance referred to in subsection 574BA(1), to recover the Section 574BA
administering authorities reasonable costs and expenses in performing the
function.
Power, as an administering authority, to request written notice of damage Section 578
caused to land or something on the land by a person who enters land under an
entry order.
Power, as an administering authority, to change or cancel a condition of an Section 620
environmental authority given continuing effect under section 619(2)(d) or
619(4)(d) of this Act.
Power, as an administering authority, in relation to an activity being carried out Section 621
under section 619(1) of this Act, to give the person carrying out the activity a
development approval and a registration certificate.
Power, as an administering authority, to give the registered operator for a level 1 Section 623
approval for a level 1 chapter 4 activity taken to be a registration certificate
under section 619, a notice stating that section 316 applies to the registration
certificate.
Power, as an administering authority, to amend a condition about financial Section 634
assurance imposed under Chapter 13 Part 7.
Power, as an administering authority, to consider or continue to consider, a draft Section 671(2)
transitional program submitted under section 332 or 333 before 4 April 2011 and
decide whether to approve it under the unamended Act.
Power, as an administering authority, to approve or refuse an application made Section 697
by the holder of a transitional authority, to convert the conditions of the
transitional authority to the standard conditions for the authority or relevant
activity.
Power, as an administering authority, to approve an application to convert a Section 698B
surrendered registration certificate to an environmental authority that has been
suspended under Chapter 5, Part 11A of this Act.
Power, as an administering authority, to amend an environmental authority to Section 699
which a requirement applies to impose a condition about the financial assurance
and to give written notice of the amendment to the authority holder.
3. To exercise powers of the council pursuant to the Environmental Protection Regulation 2008.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a generator, to give the transporter the prescribed information about Section 81I
the waste in the prescribed form and to record the prescribed information
about the waste.
Page 9 of 11
Section 22
Delegation No: 2016-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a transporter, to give the receiver the prescribed information about Section 81J(2)
the waste in the prescribed form and to record the prescribed information
about the waste.
Power, as a transporter, to give the administering authority notice of a Section 81J(3)
discrepancy in information received from the generator.
Power, as a receiver, to record the prescribed information about the waste. Section 81K(1)
Power, as a receiver, to give a copy of the prescribed information about the Section 81K(2)
waste to the administering authority.
Power, as a receiver, to give the administering authority notice of a Section 81K(3)
discrepancy in information received from the transporter.
Power, as a receiver, to record the prescribed information about the waste. Section 81O(1)
Power, as a receiver, to give a copy of the prescribed information about the Section 81O(2)
waste to the administering authority.
Power, as a receiver, to give the administering authority notice of a Section 81O(3)
discrepancy in information received from the transporter.
Power, as a generator, to give the transporter the prescribed information about Section 81R(1)
the waste and to record the prescribed information about the waste.
Power, as a transporter, to give the administering authority notice of a Section 81S(2)
discrepancy in information received from the generator.
Power to apply to the administering executive for approval of a particular way Section 81W
of giving prescribed information to the administering authority under division 3
and to take all steps necessary to advance the application.
Power to apply to the administering executive for a consignment number for Section 81X
loads of trackable waste to be transported into Queensland and to take all
steps necessary to advance the application.
Power to apply to the administering executive for an exemption for the Section 81Y
transportation of trackable waste to which Chapter 5, Part 9 applies and to
take all steps necessary to advance the application.
Power to apply to the administering executive for a generator identification Section 81ZB
number.
Power to require an owner or occupier of relevant premises to supply waste Section
containers other than standard general waste containers. 81ZF(1)(b)
Power to require an owner or occupier of relevant premises to supply waste Section 81ZF(2)
containers other than standard general waste containers.
Power to require a waste container to be kept at a particular place at premises. Section
81ZH(1)(a)
Power to require a prescribed person of serviced premises, other than a Section 81ZI(2)
detached dwelling, to supply:
(a) an elevated stand; or
(b) an imperviously paved and drained area for the waste containers, and
(c) a hose cock and hose in the vicinity of the stand or paved area; and
(d) a suitable enclosure for the waste containers
Power to give a written notice about the removal of general waste. Section 81ZJ
Power to give written approval to the owner or occupier of relevant premises Section 81ZK
for depositing and disposing of general waste and to impose conditions on the
approval.
Power to require the occupier of relevant premises where there is industrial Section 81ZL
waste to:
(a) supply industrial waste containers;
(b) keep the waste containers in a specified location; and
(c) keep the waste containers clean and in good repair.
Page 10 of 11
Section 23
Delegation No: 2016-21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to require occupier of relevant premises, where there is industrial Section 81ZM
waste, to treat the waste to the standard required by Council for disposal of the
waste at a waste facility.
Power to administer and enforce those provisions of the Act devolved to Sections 98, 99,
Council. 100 and 101, 102
Power, as an administering authority, to recover as a debt an unpaid fee under Section 116A
the Act.
Power, as an administering authority, to recover as a debt from the holder of Section 134
an environmental authority an unpaid supplementary annual fee for an
amended environmental authority.
Power to administer and enforce former environmentally relevant activities Section 156
devolved to Council.
Power, as an administering authority, to refund:- Section 164
a) the application fee for a later application; and
b) the annual fee for a development approval for chemical storage.
Power, as an administering authority, to refund to the holder of an Section 168
environmental authority an annual fee if environmental authorities are
amalgamated.
Power, as an administering authority, to exercise the power contained in Section 177
previous section 135 where the circumstances in subsection 177(1) apply.
Power, as an administering authority, to exercise the power contained in Section 178
previous section 136 where the circumstances in subsection 178(1) apply.
Any 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 CEO 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.
Page 11 of 11
Section 24
Delegation No: 2016-06
DELEGATION OF AUTHORITY
TITLE: HEAVY VEHICLE
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Heavy Vehicle (Mass, Dimension and Loading) National Regulation
Heavy Vehicle National Law (Qld)
Heavy Vehicle National Law Regulation 2014
Delegated Power:
1. To exercise the powers of council pursuant to the Heavy Vehicle (Mass, Dimension and
Loading) National Regulation.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a road manager, to consent to the making of an HML declaration Section 14(3)
subject to conditions
Power, as a road manager for a HML declaration, to request the regulator to Section 14(4)
amend or cancel the declaration.
Power, as a relevant road manager for an HML declaration, to consent to the Section 14 (3)
making of the declaration subject to the condition that stated intelligent access
conditions are imposed on the use of a stated type of HML heavy vehicle under
the higher mass limits in an area or on a route to which the declaration applies.
Power, as a relevant road manager for an HML declaration, to give written Sections 14(4)
reasons for a decision made under subsection 14(3) to the Regulator.
Power, as a relevant road manager for an HML declaration in the circumstances Section 18
set out in subsection 18(1), to ask the Regulator to do one or more of the things
listed in subsection 18(2).
Power, as a road manager, to consent to the granting of an HML permit. Sections
22(1)(b) and 23
Power, as a road manager, to consent to the granting of an HML permit subject Section 24(1)(a)
to conditions
Power, as a road manager, to consent to amendment of an HML. Section 29(4)
Power, as a road manager for a HML permit, to request the regulator to amend Section 31(2)
or cancel the permit.
Power, as a road manager, to consent to a declaration of the regulator pursuant Section 41(1)
to section 40.
Page 1 of 3
Section 25
Delegation No: 2016-06
2. To exercise the powers of council pursuant to the Heavy Vehicle National Law (Qld).
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a road manager, to consent to the grant of a mass or dimension Section 156(1
authority.
Power, as a road manager, to ask the regulator for a longer period of time under Section 156(2)
section 156(1)(b).
Power, as a road manager, to give the regulator a written statement that Section 156(6)
explains the road manager’s decision and complies with section 172.
Power, as a road manager, to notify the regulator:- Section 159(2)
(a) that a route assessment is required for the road manager deciding
whether to give or not to give the consent;
(b) the fee payable (if any) for the route assessment under a law of the
jurisdiction in which the road is situated.
Power, as a road manager, to grant a mass or dimension authority subject to Sections
conditions. 160(1), 161(1)
and 162(1)
Power, as a road manager for a mass or dimension authority, to give the Sections
regulator a written statement that explains the road manager’s decision and 160(2), 161(2)
complies with section 172. and 162(2)
Power, as a road manager for a mass or dimension authority, to give consent to Section 169(1)
the grant of a mass or dimension authority for a trial period of no more than 3
months.
Power, as a road manager for a mass or dimension authority, to object to the Section 170(3)
renewal of the authority for a further trial period.
Power, as a road manager for a mass or dimension authority granted by Section 174(2)
Commonwealth gazette notice, to request the regulator to amend or cancel the
authority.
Power, as a road manager for a mass or dimension authority granted by permit, Section 178(2)
to request the regulator to amend or cancel the authority.
Power, as a road manager, to apply to the Court for a compensation order. Section 611(2)
Power, as a public authority, to sign a certificate. Section
612(2)(c)
Power, as a road manager, to agree to a longer prescribed period for a review of Section 645(6)
a reviewable decision.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a road manager, to agree to a longer prescribed period for a review of Section 645 (6)
a reviewable decision..
Page 2 of 3
Section 26
Delegation No: 2016-06
3. To exercise the powers of council pursuant to the Heavy Vehicle National Law Regulation
2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a road manager, to set the fee payable for a route assessment. Section 4 (2)
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.
Page 3 of 3
Section 27
Delegation No: 2016-01
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERNMENT - RATES
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009
Local Government Regulation 2012
Delegated Power:
1. To exercise the powers of council pursuant to the Local Government Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Rates & Charges - Overdue
Power to register a charge over land for overdue rates and charges under Section 95
section 95 of the Local Government Act 2009.
Power to lodge documents with the Registrar of Titles for release of the charge if Section 95
overdue rates and charges are paid.
Power to sign a certificate as to a charge over land for overdue rates and Section 95(3)
charges.
2. To exercise the powers of local government under the Local Government Regulation 2012
including the:
DESCRIPTION OF POWER DELEGATED LEGISLATION
Rates & Charges
Power to identify, in any way considered appropriate, parcels of rateable land Section 77(2)
to which a minimum amount of general rates apply.
Power to allow a longer period than prescribed for the owner of land to object Section 88(4)(d)(ii)
to the categorisation of the owner’s land for rating purposes.
Power to allow a longer period within which an owner of rateable land must Section 90(5)(b)
give an objection notice.
Power to determine a period considered appropriate for the issue of a rate Section 107(1)
notice.
Power, where land becomes, or stops being, rateable land, to adjust the rates Section 110
so that the rates are calculated only on the period when the land was rateable
land.
Page 1 of 3
Section 28
Delegation No: 2016-01
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, if the value of the land changes under the Land Valuation Act, to Section 111
adjust the rates so that the rates are calculated on the new value of the land
for the period that starts on the day the change takes affect.
Power, if the land is given a rating category, including a change of rating Section 112
category, to adjust the general rates so that the rates are calculated on the
new or changed rating category for the period that starts on the day the land
was given the new or changed rating category.
Power, if the land becomes, or stops being, land on which the local Section 113
government may levy special rates or charges, to adjust the rates or charges
so that the rates or charges are calculated on period when the land was land
on which the local government could levy special rates or charges.
Power, if the land becomes, or stops being, land on which the local Section 114
government may levy special rates or charges, to adjust the rates or charges
so that the rates or charges are calculated on period when the land was land
on which the local government could levy special rates or charges.
Power, to refund the overpaid amount of rates or charges or recover the Section 115
amount of rates or charges owing if the rates or charges are paid before they
are adjusted.
Power to be satisfied that a ratepayer is eligible for a concession granted Section 122(4)
pursuant to a resolution made under subsection (1)(b).
Power, in the circumstances referred to in subsection (1), to refund the Section 124(2)
amount of the rebated rates or charges to the ratepayer.
Power to still allow a discount where satisfied that the ratepayer has been Section 130(10)
prevented, by circumstances beyond their control, from paying the rates or
charges in time to get the discount.
Power to give a benefit that is not a discount as an inducement for payment of Section 131
rates or charges before the due date for payment.
Power to recover overdue rates or charges by bringing Court proceedings for Section 134
a debt.
Power to set a reserve price for the sale by auction of land for overdue rates Section 143(1)
and charges.
Power to enter into negotiations with the highest bidder at the auction to sell Section 143(2)
the land for overdue rates or charges and to form an agreement to sell the
land.
Page 2 of 3
Section 29
Delegation No: 2016-01
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.
Page 3 of 3
Section 30
Delegation No: 2016-63
DELEGATION OF AUTHORITY
TITLE: WORKERS COMPENSATION, REHABILITATION AND WORK
HEALTH AND SAFETY
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Workers’ Compensation and Rehabilitation Act 2003
Workers’ Compensation and Rehabilitation Regulation 2014
Work Health and Safety Act 2011
Work Health and Safety Regulation 2011
Delegated Power:
1. To exercise the powers of council pursuant to the Workers’ Compensation and
Rehabilitation Act 2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an employer, to insure and keep insured all Council’s employees and Section 48
Councillors.
Power, as an employer who is not a self-insurer, and who is or is required to be Section 66(2)
insured under a WorkCover policy, to pay the weekly payment of compensation
payable to an injured worker during the excess period.
Power, as an employer who is not a self-insurer, to pay compensation for an Section 109(4)
injury sustained by a worker where the worker has made an application for
compensation under section 132 and Council has complied with section 133A.
Power, as an employer, other than a self-insurer, to give WorkCover written Section 133A
notice in the approved form if:-
(a) a worker asks the employer for compensation for an injury sustained by
the worker; or
(b) the employer pays the worker an amount, either in compensation or
instead of compensation, that is payable by the employer or WorkCover
under the Act for an injury sustained by the worker.
Power, as an employer, to pay compensation to an injured worker for the day the Section 144
worker stops work because of the injury.
Power, as an employer, to pay the amount of the first charge or the whole of the Section 207B(3)
damages to the insurer.
Power, as an employer, to appoint a Rehabilitation and Return to Work Section 226
Coordinator where the employer meets the criteria prescribed under a regulation.
Power, as an employer, to prepare and have in place a workplace rehabilitation Section 227
policy and procedure, and review those policies and procedures every 3 years.
Power, as an employer, to assist or provide an injured worker with rehabilitation. Section 228(1)
and 228(2)
Power to comply with the requirement of an authorised person to give information Section 532C
Page 1 of 5
Section 31
Delegation No: 2016-63
DESCRIPTION OF POWER DELEGATED LEGISLATION
or produce documents required under section 532C.
Power, as an employer or contractor, to keep the documents about workers, and Section 532D
contracts for the performance of work, prescribed under a regulation.
Power to apply for a review of a decision identified in section 540(1) of the Section 541
Workers’ Compensation and Rehabilitation Act 2003 and to take all steps
necessary to conduct the application and to appear at the hearing.
Power to appeal to an appeal body against the following decisions of the Section 549, 550,
Regulator or the insurer: 552A and 554
(a) a review decision, other than a decision to return a matter to a decision-
maker under section 545 of the Workers’ Compensation and Rehabilitation
Act 2003; and
(b) a decision under Chapter 3 or Chapter 4 of the Workers’ Compensation and
Rehabilitation Act 2003 that is not a decision mentioned in section 540(1) (a
non-reviewable decision),and to take all steps necessary to file and serve
the notice of appeal and conduct the appeal, to appear at any conference in
the proceeding and to appear at the hearing.
Power to seek the consent of the other party or the leave of the appeal body for 552B
Council to be represented by a lawyer at a conference under section 552A or at
the hearing of an appeal.
Power to appeal against a decision of the Regulator identified in section 567 of Section 568
the Workers’ Compensation and Rehabilitation Act 2003 and to take all steps
necessary to file and serve the notice of appeal and conduct the appeal, to
appear at any conference in the proceeding and to appear at the hearing.
Power, as a prospective employer, to request in writing that a prospective worker Section 571B
disclose to Council the worker’s pre-existing injury or medical condition, if any.
Power, as a principal contractor for a construction project to, by written notice, to Section 576C
ask the relevant contractor for a copy of a required document.
2. To exercise the powers of council pursuant to the Workers’ Compensation and
Rehabilitation Regulation 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an employer of employees to appoint 1 rehabilitation and return to Section 115(3)
work coordinator for more than one workplace.
Page 2 of 5
Section 32
Delegation No: 2016-63
3. To exercise the powers of council pursuant to the Work Health and Safety Act 2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to notify the regulator after becoming aware a notifiable incident has Section 38
occurred
Power to consult with workers who are, or are likely to be, directly affected by a Section 47
matter relating to work health or safety
Power to facilitate the conduct of an election for 1 or more health and safety Sections 51 to 54
representatives to represent workers
Power to make an application to the commission to disqualify a health and safety Section 65
representative.
Power to refuse on reasonable grounds to grant access to the workplace to a Section 71(5)
person assisting a health and safety representative for a workgroup.
Power to ask the regulator to appoint an inspector to decide the matter. Section 72(5)
Power to establish a health and safety committee. Sections 75 to 78
Power, as a party to an issue, to resolve the issue in accordance with an agreed Section 80 and
procedure or the default procedure. 81
Power to ask the regulator to appoint an inspector to assist in resolving the issue. Section 82(2)
Power to direct the worker to carry out suitable alternative work at the same or Section 87
another workplace.
Power to ask the regulator to appoint an inspector to attend the workplace to Section 89
assist in resolving an issue arising from a cessation of work.
Power to apply to the Commission to revoke a WHS entry permit. Section 138
Power to appeal a decision of the commission. Section 140
Power to ask the regulator to appoint an inspector to attend the workplace to Section 141 and
assist in resolving the dispute 142
Power to apply to the regulator for the return of a seized thing. Section 180
Power to demand that the regulator allow the CEO to inspect a seized thing and if Section 181
the seized thing is a document to make copies of it.
Power to claim compensation from the State. Section 184
Power to make a written undertaking (a WHS undertaking) in connection with a Section 216
matter relating to a contravention or alleged contravention of the Work Health and
Safety Act.
Power, as a person who has made a WHS undertaking, to at any time, with the Section 221
agreement of the regulator, withdraw the undertaking or vary the undertaking.
Power, as an eligible person in relation to a reviewable decision to apply to the Section 224
regulator for an internal review of the decision.
Power, as an eligible person to apply to the external review body for review of a Section 229 to
reviewable decision made by the regulator or a decision made, or taken to have 229E
been made, on an internal review.
Power to appeal a decision of the commission. Section 229F
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Section 33
Delegation No: 2016-63
4. To exercise the powers of council pursuant to the Work Health and Safety Regulation 2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a person conducting a business or undertaking at a workplace, to Section 43
prepare, maintain and implement an emergency plan.
Power, as a person conducting a business or undertaking at a workplace, to Section 85 (4)
maintain a written record of the evidence provided under subsections (1), (2) and
(3).
Power to apply to the regulator for a licence to carry out demolition work. Section 144B
Power to make a submission to the regulator in relation to a proposed refusal Section 144I
Power, as a holder of a licence to carry out demolition work, to make a Section 144P
submission to the regulator in relation to a proposed amendment to a licence.
Power, as a holder of a licence to carry out demolition work to apply to the Section 144Q(1)
regulator to amend the licence.
Power after receiving a written notice of intention to refuse an application to Section 144Q(2)
amend the licence from the regulator, to make a submission to the regulator in
relation to the proposed refusal.
Power to apply to the regulator for a replacement document. Section 144U
Power, as a holder of a licence to carry out demolition work to voluntarily Section 144V
surrender the licence document to the regulator.
Power, as a holder of a licence to carry out demolition work, to apply to the Section 144VA &
regulator for renewal of the licence. 144VB
Power, as a holder of a licence to carry out demolition work to make a Section 144Y
submission to the regulator in relation to the proposed suspension, cancellation
and/or disqualification.
Power, as a person with management or control of an item of plant stated in Section 265
schedule 5, part 2, to apply to the regulator for the registration of that item of
plant.
Power to respond to a notice from the regulator on a proposal to refuse Section 270(1)(b)
registration of an item of plant stated in schedule 5, part 2.
Power to respond to a notice from the regulator on a proposal to cancel the Section 288C
registration of an item of plant stated in schedule 5, part 2.
Power to return the registration document for an item of plant stated in schedule Section 288D
5, part 2 to the regulator.
Power, as a person conducting a business or undertaking, to obtain the current Section 344
safety data sheet for a hazardous chemical used at a workplace
Power, as a person conducting a business or undertaking, to prepare and Section 346
maintain a register of hazardous chemical used at a workplace
Power to apply in writing to the regulator for authorisation to use, handle or store Section 383
a prohibited carcinogen or restricted carcinogen
Power to ensure that all asbestos or asbestos contaminated material at a Section 422(1)
workplace is identified by a competent person.
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Section 34
Delegation No: 2016-63
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to ensure that the presence and location of all asbestos or asbestos Section 424
contaminated material at a workplace is clearly indicated and if practicable
labelled.
Power to prepare, maintain and review an asbestos register for each workplace. Sections 425(1)
and 426
Power to prepare, maintain and review an asbestos management plan for each Section 429 and
workplace. 430
Power, as an eligible person in relation to a reviewable decision set out in section Section 678(1)
676 of the Work Health and Safety Regulation, to apply to the regulator for an
internal review of a decision.
Power, as an eligible person in relation to a reviewable decision under section Section 678(2)
89(5), 118(5), 256(5), 269(5) or 497(5) of the Work Health and Safety Regulation
to apply to the regulator for an internal review of the decision.
Power, as an eligible person to apply to QCAT for an external review of Section 683
reviewable decision made by the regulator or of a decision made, or taken to
have been made, on an internal review.
Power to apply for an exemption from compliance with any provision of the Work Section 684
Health and Safety Regulation.
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.
Page 5 of 5