| Delegation | Positions | Legislation |
|---|
Advice of committee:
Authority to seek advice of the heritage advisory committee in accordance with section 69(2). | 3 positions | Cemeteries and Crematoria Act 2013
|
All functions:
Authority to exercise and/or perform all functions of the council as park owner | 3 positions | Holiday Parks (Long-term Casual Occupation) Act 2002
|
Authorise Complainant:
Authority to authorise a person as a complainant in relation to a licensed premises for the purposes of section 79. | 2 positions | Liquor Act 2007 and Liquor Regulation 2008
|
Cemeteries Register:
Authority to notify the Cemeteries Agency in relation to the Cemeteries and Crematoria Register. | 3 positions | Cemeteries and Crematoria Act 2013
|
Cemetery Operators Register:
Authority to keep and amend the cemetery operator's register in accordance with section 63 and make a copy of an entry in the register available in accordance with 63(10). | 6 positions | Cemeteries and Crematoria Act 2013
|
Certificate as to classification of land:
Authority to issue a certificate stating the classification of public land | 3 positions | Local Government Act 1993
|
Civil Aviation Authorisation:
Authority on behalf Council as the operator of an aerodrome to undertake all functions in relation to any necessary civil aviation authorisation as amended from time to time. | 3 positions | Civil Aviation Act 1988 (Cth)
|
Comply with Notice / Order:
Authority to take any actions to comply with an improvement notice in accordance with section 33 or short term order in accordance with section 36 issued by the Cemetery Agency. Authority to give, withdraw or vary an enforceable undertaking in accordance with section 39 and report to the Cemeteries Agency as required by a notice in accordance with section 41. | 3 positions | Cemeteries and Crematoria Act 2013
|
Directions re vehicles on Crown land:
Authority on behalf of Council as a Crown Land Manager to give reasonable directions to persons concerning the entry, use and parking or storage of vehicles on Crown land for the purpose of preventing danger or harm to persons, animals, structures or property. | 3 positions | Crown Land Management Act 2016
|
Erection of notices to indicate catchment districts:
Authority to erect notices for indicating the boundaries of districts and directing attention to any prohibitions or restrictions. | 2 positions | Local Government (General) Regulation 2021
|
Functions of Crown Land Managers:
Authority to carry out all the functions of the Council acting as a Crown Land Manager of specified dedicated or reserved Crown Land, which includes the functions of the Council under the Local Government Act 1993 in respect of public land, being either operational or community land, including to prepare a draft Plan of Management, to grant an approval and to grant leases and licences. | 3 positions | Crown Land Management Act 2016
|
Functions of Responsible Manager:
Authority to carry out the functions of the Council as the responsible manager (the Crown Land Manager) of dedicated or reserved Crown Land. The functions of a responsible manager include to set aside any part of the land (including any building or enclosure in or on the land) for any purpose for which the land may be used (clause 6), to determine conditions of entry and designate entrance and exit points (clause 8) and give a direction or written consent to do things (clause 10). | 3 positions | Crown Land Management Regulation 2018
|
Interment right:
Authority to grant or renew, transfer to another person or transfer to the cemetery operator, an interment right. | 6 positions | Cemeteries and Crematoria Act 2013
|
Land Acquisition:
Authority to carry out the functions of the council as an authority of the State under the Land Acquisition (Just Terms Compensation) Act 1991, subject to a council resolution to compulsorily acquire land including an interest in land. | 3 positions | Land Acquisition (Just Terms Compensation) Act 1991
|
Leases etc in respect of community land:
Authority to grant a lease, licence or other estate in respect of community land in accordance with Chapter 6, Part 2, Division 2 of the Local Government Act 1993 and Part 4, Division 3 of the Local Government (General) Regulation 2005 | 3 positions | Local Government Act 1993
|
Making a complaint:
Authority to make a complaint on behalf of the council as the local consent authority for a licenced premises in relation to a licensee, manager or close associate of a licensee to the Authority in accordance with section 139. | 3 positions | Liquor Act 2007 and Liquor Regulation 2008
|
Notice appeal:
Authority to appeal against an improvement notice issued by the Cemeteries Agency. | 3 positions | Cemeteries and Crematoria Act 2013
|
Notices prohibiting structure or land use:
Authority on behalf of Council as a Crown Land Manager to cause a notice to be displayed that prohibits persons from carrying out an activity on Crown land, in accordance with s9.5(2). | 3 positions | Crown Land Management Act 2016
|
Position of boundary under Real Property Act 1900:
Authority to apply for a determination as to the position of a common boundary of adjoining lands and, if dissatisfied, appeal to the Land and Environment Court for a such a determination by the Court in accordance with sections 135B and 135J. | 3 positions | Real Property Act 1900
|
Preparation of draft plans of management for community land:
Authority to prepare a draft plan of management for community land in accordance with Chapter 6, Part 2, Division 2 of the Local Government Act 1993 and Part 4 of the Local Government (General) Regulation 2005 | 3 positions | Local Government Act 1993
|
Submission re Late Hour Entry Declaration:
Authority to make a submission to the Director-General in relation to a proposed late hour entry declaration or variation or revocation of a late hour entry declaration. | 2 positions | Liquor Act 2007 and Liquor Regulation 2008
|
Transitional Reserve Trust:
Authority to continue to carry out functions associated with Council acting as a reserve trust manager for the continuation period in accordance with clause 10A of Schedule 7. | 3 positions | Crown Land Management Act 2016
|
Written notice to the Secretary re complaints:
Authority to give written notice to the Secretary that Council, as the local consent authority for the licensed premises, will be dealing with complaints of a type prescribed by the regulations. | 3 positions | Liquor Act 2007 and Liquor Regulation 2008
|
| Delegation | Positions | Legislation |
|---|
Abandonment of pensioner rates and charges:
Authority to waive or reduce rates, charges and interest due by any person prescribed by the regulations who is in receipt of a pension, benefit or allowance under the Social Security Act 1991 of the Commonwealth | 5 positions | Local Government Act 1993
|
Adjustment of rates following change in category:
Authority to make an appropriate adjustment of rates paid or payable following a change in the category of rateable land | 5 positions | Local Government Act 1993
|
Aggregation of parcels subject to a rate or charge:
Authority to form the opinion to treat parcels as being a single parcel and levy a charge accordingly and to form the opinion to aggregate the land values of parcels and levy the rate on the aggregated land values. | 5 positions | Local Government Act 1993
|
Agreement as to compensation:
Authority to agree with a claim for compensation under section 12(5) of the Graffiti Control Act 2008 or section 128 or 198 of this Act, in case of dispute, may by agreement between the council and the person claiming the compensation be referred to arbitration under the Commercial Arbitration Act 2010. | 3 positions | Local Government Act 1993
|
Agreement as to periodical payment of rates and charges:
Authority to write off or reduce interest accrued on rates or charges where a person complies with an agreement for the payment of rates or charges, pursuant to section 564 of the Local Government Act 1993 (NSW). | 5 positions | Local Government Act 1993
|
All functions:
Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 2 positions | Valuation of Land Act 1916
|
Application for change of category:
Authority to determine applications to change the category of rateable land | 5 positions | Local Government Act 1993
|
Application for Valuation:
Authority to apply to the Valuer-General for a valuation of land held by or on behalf of the Council in accordance with section 14A(2)(a) or within the council )as the rating or taxing authority)'s local government area in accordance with section 14A(2)(c). Authority to apply for an apportionment factor in accordance with section 14X or 14BBA and for an assessed annual value of land which became rateable on or after 1 July 1977 in accordance with section 19B. | 4 positions | Valuation of Land Act 1916
|
Arrangements with other entities:
Authority to enter into arrangement with Tribunal for provision of assistance to or by the Tribunal | 2 positions | Independent Pricing and Regulatory Tribunal Act 1992
|
Categorisation of land for purposes of ordinary rates:
Authority to determine and declare the categorisation of rateable land within the Council's area and to review a declaration. | 5 positions | Local Government Act 1993
|
Certificate as to rates and charges:
Authority to issue a certificate as to the amount (if any) due or payable to the council, by way of rates, charges or otherwise, in respect of a parcel of land in accordance with section 603. | 5 positions | Local Government Act 1993
|
Classification of land for levy:
Authority to act on behalf of the Council to classify and sub-classify parcels of land in the council area, including in response to an application for classification or review and in response to zoning and change in use, to approve the from and manner of a change of circumstances under section 73(4), waive or refund part of the fixed component of the levy charged in respect of a parcel of land situated in more than one area under section 75(3) and to respond to or defend appeals in the Land and Environment Court, in accordance with Part 5 of the Fire and Emergency Services Levy Act 2017. | 5 positions | Fire and Emergency Services Levy Act 2017
|
Concessions:
Authority to carry out the council's functions in relation to concessions for pensions and other concessions from rates and charges. | 4 positions | Local Government Act 1993
|
Copies of entries to be supplied:
Authority to agree with Valuer General regarding supply of information as to valuations | 2 positions | Valuation of Land Act 1916
|
Discretion to waive, reduce or defer payment of a rate:
Authority to waive, reduce or defer the payment of the whole or any part of the increase in the amount of the rate payable by the ratepayer in such circumstances, for such period and subject to such conditions as the delegate thinks fit. | 5 positions | Local Government Act 1993
|
Disposal of Assets
Authorise the disposal of assets of value less than $100,000 (including GST) within the area of control of the position, other than land or assets of potentially historical or cultural significance, and, in any case, not by donation, and sign documents arising therefrom. | 2 positions |
|
Disposal of Assets
Authorise the disposal of assets of value less than $150,000 (including GST) within the area of control of the position, other than land, and, in any case, not by donation, and sign documents arising therefrom. | 2 positions |
|
Environmental upgrade agreement:
Authority to enter into, and amend, an environmental upgrade agreement on behalf of the council with a building owner and a finance provider in relation to a building in accordance with Part 2A of Chapter 6. | 2 positions | Local Government Act 1993
|
Estimates of coastal protection charges:
Authority to provide, on request, a person who would be liable to pay an annual charge for coastal protection services in relation to proposed coastal protection works with an estimate of the person's liability for that annual charge (if the council were to make such a charge) for each of the following 5 years, in accordance with section 606A. | 5 positions | Local Government Act 1993
|
Exempt land or bodies from water supply and sewerage special rates:
Authority to exempt land or bodies from water supply special rates and sewerage special rates. | 2 positions | Local Government Act 1993
|
Expenses of tracing persons:
Authority to add to the amount of a rate or charge, any reasonable out-of-pocket expenses incurred in tracing the person liable to pay the rate or charge. | 4 positions | Local Government Act 1993
|
Extension of concession to avoid hardship:
Authority to order that a person is taken to be an eligible pensioner in accordance with section 577(1) and to order that a person is taken to be solely liable in respect of the land on which the dwelling is situated in accordance with section 577(2) | 5 positions | Local Government Act 1993
|
Fees:
Authority to require payment of a further approved fee if an application is amended. | 16 positions | Local Government Act 1993
|
Financial
Act as a signatory to the Council's bank account, and to authorise of electronic transactions. | 7 positions |
|
Financial
Sign declarations for Fringe Benefit Tax, GST, Business Activity Statements and Payroll Tax on behalf of Council. | 6 positions |
|
Financial
Write off small end of year balances up to an amount of $2.00 for outstanding rates and charges that are considered uneconomical to recover. | 9 positions |
|
Financial
Authorise discrepancies of up to $50 with cashier banking. Note: Amounts above $50 or multiple discrepancies in any 12 month period by the same employee are to be reported to the Manager Community Partnerships for authorisation. | 8 positions |
|
Financial
Authorise reimbursement of petty cash expenditure within the adopted budget up to a transaction limit of $50 within the area of control of the position. | 14 positions |
|
Financial
Determine applications for payment arrangements to finalise outstanding accounts. | 9 positions |
|
Financial
Authorise the refund or retention of application fees, booking fees, bonds and deposits for the use of Council facilities. | 10 positions |
|
Financial
Determine the percentage of water consumption to be used for sewer charges where an appliction is made for a variation to the average percentage resolved by Council. | 6 positions |
|
Financial
Authorise the release or reduction of bonds at the end of the relevant maintenance period where bonded works have been completed satisfactorily. | 14 positions |
|
Investment of money :
Authority to invest money that is not, for the time being, required by the Council for another purpose in accordance with section 625 and the current Ministerial Investment Order published in the Government Gazette. | 4 positions | Local Government Act 1993
|
Liability of eligible pensioners:
Authority to reduce a rate or charge in respect of land on which a dwelling is situated for an eligible pensioner in accordance with section 575 of the Local Government Act 1993 | 5 positions | Local Government Act 1993
|
Notice to occupier re unpaid rates:
Authority to serve a notice on the occupier of land in relation to unpaid rates or charges in accordance with section 569 of the Local Government Act 1993 | 5 positions | Local Government Act 1993
|
Objection in respect of certain land vested in public bodies:
Authority to object to the inclusion of a parcel of land in the list in accordance with section 600(6) of the Local Government Act 1993 | 2 positions | Local Government Act 1993
|
Objection to Valuation and Appeal:
Authority to make an objection to a valuation of the Valuer General in accordance with section 31 and if dissatisfied with the determination of the objection, to appeal in accordance with section 37. | 2 positions | Valuation of Land Act 1916
|
Operational Land:
Authority to grant (and renew, vary, terminate and otherwise deal with) a lease or licence in relation to operational land. | 3 positions | Local Government Act 1993
|
Power to levy environmental upgrade charge:
Authority to levy an environmental upgrade charge in accordance with an environmental upgrade agreement . | 5 positions | Local Government Act 1993
|
Private works:
Authority to enter into an agreement with the owner or occupier of private land for the council to carry out works. | 7 positions | Local Government Act 1993
|
Procurement of Goods and Services
Procure goods and services, or enter into agreements and contracts, and authorise payments subject to the limitations above, with a value up to and including $500 pursuant to Council's Sustainable Procurement and Contract Management Policy 5.9 and Procedure 5.9.1 subject to the following limitations: a) the expenditure must relate to the position holder's area of responsibility; b) the expenditure must be in accordance with the adopted budget; c) the expenditure must be incurred in accordance with Council's Procurement Policy; d) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 to be invited and accepted only by the Council; e) the expenditure must not require a resolution of the Council under the Local Government Act 1993 and associated Regulation, or any other Act or Regulation; f) the expenditure must not be an extension, or variation, to a contract entered into under a resolution of the Council; g) a Council Purchase Card may be issued to the holder, up to the limit established by Procedure 5.9.3 Corporate Credit Card Use or the limit of this delegation (whichever is lesser); and h) all use of Council Purchase Cards must adhere to the requirements of Procedure 5.9.3 Corporate Credit Card Use. | 0 positions |
|
Procurement of Goods and Services
Procure goods and services, or enter into agreements and contracts, and authorise payments subject to the limitations above, with a value up to and including $2,000 pursuant to Council's Sustainable Procurement and Contract Management Policy 5.9 and Procedure 5.9.1 subject to the following limitations: a) the expenditure must relate to the position holder's area of responsibility; b) the expenditure must be in accordance with the adopted budget; c) the expenditure must be incurred in accordance with Council's Procurement Policy; d) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 to be invited and accepted only by the Council; e) the expenditure must not require a resolution of the Council under the Local Government Act 1993 and associated Regulation, or any other Act or Regulation; f) the expenditure must not be an extension, or variation, to a contract entered into under a resolution of the Council; g) a Council Purchase Card may be issued to the holder, up to the limit established by Procedure 5.9.3 Corporate Credit Card Use or the limit of this delegation (whichever is lesser); and h) all use of Council Purchase Cards must adhere to the requirements of Procedure 5.9.3 Corporate Credit Card Use. | 143 positions |
|
Procurement of Goods and Services
Procure goods and services, or enter into agreements and contracts, and authorise payments subject to the limitations above, with a value up to and including $5,000 pursuant to Council's Sustainable Procurement and Contract Management Policy 5.9 and Procedure 5.9.1 subject to the following limitations: a) the expenditure must relate to the position holder's area of responsibility; b) the expenditure must be in accordance with the adopted budget; c) the expenditure must be incurred in accordance with Council's Procurement Policy; d) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 to be invited and accepted only by the Council; e) the expenditure must not require a resolution of the Council under the Local Government Act 1993 and associated Regulation, or any other Act or Regulation; f) the expenditure must not be an extension, or variation, to a contract entered into under a resolution of the Council; g) a Council Purchase Card may be issued to the holder, up to the limit established by Procedure 5.9.3 Corporate Credit Card Use or the limit of this delegation (whichever is lesser); and h) all use of Council Purchase Cards must adhere to the requirements of Procedure 5.9.3 Corporate Credit Card Use. | 21 positions |
|
Procurement of Goods and Services
Procure goods and services, or enter into agreements and contracts, and authorise payments subject to the limitations above, with a value up to and including $10,000 pursuant to Council's Sustainable Procurement and Contract Management Policy 5.9 and Procedure 5.9.1 subject to the following limitations: a) the expenditure must relate to the position holder's area of responsibility; b) the expenditure must be in accordance with the adopted budget; c) the expenditure must be incurred in accordance with Council's Procurement Policy; d) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 to be invited and accepted only by the Council; e) the expenditure must not require a resolution of the Council under the Local Government Act 1993 and associated Regulation, or any other Act or Regulation; f) the expenditure must not be an extension, or variation, to a contract entered into under a resolution of the Council; g) a Council Purchase Card may be issued to the holder, up to the limit established by Procedure 5.9.3 Corporate Credit Card Use or the limit of this delegation (whichever is lesser); and h) all use of Council Purchase Cards must adhere to the requirements of Procedure 5.9.3 Corporate Credit Card Use. | 29 positions |
|
Procurement of Goods and Services
Procure goods and services, or enter into agreements and contracts, and authorise payments subject to the limitations above, with a value up to and including $20,000 pursuant to Council's Sustainable Procurement and Contract Management Policy 5.9 and Procedure 5.9.1 subject to the following limitations: a) the expenditure must relate to the position holder's area of responsibility; b) the expenditure must be in accordance with the adopted budget; c) the expenditure must be incurred in accordance with Council's Procurement Policy; d) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 to be invited and accepted only by the Council; e) the expenditure must not require a resolution of the Council under the Local Government Act 1993 and associated Regulation, or any other Act or Regulation; f) the expenditure must not be an extension, or variation, to a contract entered into under a resolution of the Council; g) a Council Purchase Card may be issued to the holder, up to the limit established by Procedure 5.9.3 Corporate Credit Card Use or the limit of this delegation (whichever is lesser); and h) all use of Council Purchase Cards must adhere to the requirements of Procedure 5.9.3 Corporate Credit Card Use. | 35 positions |
|
Procurement of Goods and Services
Procure goods and services, or enter into agreements and contracts, and authorise payments subject to the limitations above, with a value up to and including $35,000 pursuant to Council's Sustainable Procurement and Contract Management Policy 5.9 and Procedure 5.9.1 subject to the following limitations: a) the expenditure must relate to the position holder's area of responsibility; b) the expenditure must be in accordance with the adopted budget; c) the expenditure must be incurred in accordance with Council's Procurement Policy; d) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 to be invited and accepted only by the Council; e) the expenditure must not require a resolution of the Council under the Local Government Act 1993 and associated Regulation, or any other Act or Regulation; f) the expenditure must not be an extension, or variation, to a contract entered into under a resolution of the Council; g) a Council Purchase Card may be issued to the holder, up to the limit established by Procedure 5.9.3 Corporate Credit Card Use or the limit of this delegation (whichever is lesser); and h) all use of Council Purchase Cards must adhere to the requirements of Procedure 5.9.3 Corporate Credit Card Use. | 28 positions |
|
Procurement of Goods and Services
Procure goods and services, or enter into agreements and contracts, and authorise payments subject to the limitations above, with a value up to and including $50,000 pursuant to Council's Sustainable Procurement and Contract Management Policy 5.9 and Procedure 5.9.1 subject to the following limitations: a) the expenditure must relate to the position holder's area of responsibility; b) the expenditure must be in accordance with the adopted budget; c) the expenditure must be incurred in accordance with Council's Procurement Policy; d) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 to be invited and accepted only by the Council; e) the expenditure must not require a resolution of the Council under the Local Government Act 1993 and associated Regulation, or any other Act or Regulation; f) the expenditure must not be an extension, or variation, to a contract entered into under a resolution of the Council; g) a Council Purchase Card may be issued to the holder, up to the limit established by Procedure 5.9.3 Corporate Credit Card Use or the limit of this delegation (whichever is lesser); and h) all use of Council Purchase Cards must adhere to the requirements of Procedure 5.9.3 Corporate Credit Card Use. | 18 positions |
|
Procurement of Goods and Services
Procure goods and services, or enter into agreements and contracts, and authorise payments subject to the limitations above, with a value up to and including $75,000 pursuant to Council's Sustainable Procurement and Contract Management Policy 5.9 and Procedure 5.9.1 subject to the following limitations: a) the expenditure must relate to the position holder's area of responsibility; b) the expenditure must be in accordance with the adopted budget; c) the expenditure must be incurred in accordance with Council's Procurement Policy; d) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 to be invited and accepted only by the Council; e) the expenditure must not require a resolution of the Council under the Local Government Act 1993 and associated Regulation, or any other Act or Regulation; f) the expenditure must not be an extension, or variation, to a contract entered into under a resolution of the Council; g) a Council Purchase Card may be issued to the holder, up to the limit established by Procedure 5.9.3 Corporate Credit Card Use or the limit of this delegation (whichever is lesser); and h) all use of Council Purchase Cards must adhere to the requirements of Procedure 5.9.3 Corporate Credit Card Use. | 14 positions |
|
Procurement of Goods and Services
Procure goods and services, or enter into agreements and contracts, and authorise payments subject to the limitations above, with a value up to and including $150,000 pursuant to Council's Sustainable Procurement and Contract Management Policy 5.9 and Procedure 5.9.1 subject to the following limitations: a) the expenditure must relate to the position holder's area of responsibility; b) the expenditure must be in accordance with the adopted budget; c) the expenditure must be incurred in accordance with Council's Procurement Policy; d) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 to be invited and accepted only by the Council; e) the expenditure must not require a resolution of the Council under the Local Government Act 1993 and associated Regulation, or any other Act or Regulation; f) the expenditure must not be an extension, or variation, to a contract entered into under a resolution of the Council; g) a Council Purchase Card may be issued to the holder, up to the limit established by Procedure 5.9.3 Corporate Credit Card Use or the limit of this delegation (whichever is lesser); and h) all use of Council Purchase Cards must adhere to the requirements of Procedure 5.9.3 Corporate Credit Card Use. | 4 positions |
|
Procurement of Goods and Services
Procure goods and services, or enter into agreements and contracts, and authorise payments subject to the limitations above, with a value up to and including $250,000 pursuant to Council's Sustainable Procurement and Contract Management Policy 5.9 and Procedure 5.9.1 subject to the following limitations: a) the expenditure must relate to the position holder's area of responsibility; b) the expenditure must be in accordance with the adopted budget; c) the expenditure must be incurred in accordance with Council's Procurement Policy; d) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 to be invited and accepted only by the Council; e) the expenditure must not require a resolution of the Council under the Local Government Act 1993 and associated Regulation, or any other Act or Regulation; f) the expenditure must not be an extension, or variation, to a contract entered into under a resolution of the Council; g) a Council Purchase Card may be issued to the holder, up to the limit established by Procedure 5.9.3 Corporate Credit Card Use or the limit of this delegation (whichever is lesser); and h) all use of Council Purchase Cards must adhere to the requirements of Procedure 5.9.3 Corporate Credit Card Use. | 4 positions |
|
Provide information:
Authority to provide information or make submissions to the Tribunal in connection with an investigation or report, or in connection with monitoring by the Tribunal | 2 positions | Independent Pricing and Regulatory Tribunal Act 1992
|
Rates
Authorise the commencement of legal action for outstanding rates, charges and other debts in accordance with Council's policies and procedures. | 9 positions |
|
Recovery of levy:
Authority to act on behalf of Council to recover a levy payable to council under section 89 and to enter into an arrangement with the Chief Commissioner under section 91. | 2 positions | Fire and Emergency Services Levy Act 2017
|
Redetermination on partial change of circumstances:
Authority to make a due adjustment to the rates payable, or apply the provisions postponing rates, as the delegate considers equitable in the circumstances, in accordance with section 598 | 5 positions | Local Government Act 1993
|
Reduction of subsequent rate:
Authority to verify the eligibility of the rateable person for a reduction in a subsequent rate as prescribed by the regulations and reduce the subsequent rate in accordance with section 599 | 4 positions | Local Government Act 1993
|
Request for name and address:
Authority to request an occupier or manager of any premises or an agent of the owner of the premises to disclose the name and address of the owner of the premises or of the person receiving or authorised to receive the rents of the premises and of the manager or occupier of the premises. | 5 positions | Local Government Act 1993
|
Review of determination of approvals:
Authority to review the determination of an application for an approval for an activity in accordance with section 100 | 7 positions | Local Government Act 1993
|
Suing for debts:
Authority to recover a rate, charge, fee or other money due to the council under this Act or the regulations as a debt. | 4 positions | Local Government Act 1993
|
Valuation Lists:
Authority to forward to the Valuer-General particulars of any desired alterations to any valuation list under section 50(1), to request a new valuation list under section 51 and request that the Valuer-General make a new valuation of any land in accordance with section 60A. | 4 positions | Valuation of Land Act 1916
|
Valuer-General not required to determine certain valuations:
Authority to request Valuer General to determine assessed annual value of land | 4 positions | Valuation of Land Act 1916
|
Waive or reduce fees:
Authority to waive payment of, or reduce, a fee (whether expressed as an actual or a maximum amount) in a particular case if the council is satisfied that the case falls within a category of hardship or any other category in respect of which the council has determined payment should be so waived or reduced. | 5 positions | Local Government Act 1993
|
Withdrawal of Applications:
Authority to authorise a refund in respect of fees paid by an applicant in respect of an application for a Section 68 Activity approval which is withdrawn | 7 positions | Local Government Act 1993
|
Write off rates, charges and accrued interest:
Authority to write off rates, charges and accrued interest on rates and charges in accordance with section 567 of the Local Government Act 1993 and clause 130 of the Local Government (General) Regulation 2005 | 5 positions | Local Government Act 1993
|
| Delegation | Positions | Legislation |
|---|
(Orders) Enforcing restrictions on uses of utility lots:
Authority to apply to the Tribunal for an order enforcing restrictions on uses of utility lots and for reallocation of unit entitlements. | 2 positions | Strata Schemes Management Act 2015
|
Additional Information for DCP:
Authority to request the owner of land to provide additional information for the purposes of making a development control plan (where an environmental planning instrument requires or permits such a plan to be prepared and submitted to the relevant planning authority under section 3.44 of the Act). | 6 positions | Environmental Planning and Assessment Regulation 2021
|
Additional information for Modification Application:
Authority to request an applicant for modification of a development consent to provide the consent authority with additional information about the development that the consent authority considers necessary to properly consider the application for modification. | 14 positions | Environmental Planning and Assessment Regulation 2021
|
Agreement as to work:
Authority to reach agreement on behalf of the consent authority with an applicant for a subdivision certificate in circumstances where the work has not yet been completed, in accordance with section 6.15(2)(c). | 2 positions | Environmental Planning and Assessment Act 1979
|
All Functions:
Authority to exercise and/or perform on behalf of Council the Council's delegable functions under this Act and the Regulations in force and as amended from time to time. | 3 positions | Building Products (Safety) Act 2017
|
All functions:
Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 2 positions | Swimming Pools Act 1992
|
All Functions:
Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 2 positions | Strata Schemes Development Act 2015
|
All functions:
Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 2 positions | Strata Schemes Management Act 2015
|
Amendment of DA:
Authority to approve or reject to the amendment of a development application | 14 positions | Environmental Planning and Assessment Regulation 2021
|
Amendment of Development Contract:
Authority to approve the amendment of a development contract and grant a development consent compliance certificate. | 5 positions | Community Land Management Act 1989
|
Appeals:
Authority to represent the Council in relation to an appeal against a decision of the Council. | 3 positions | Swimming Pools Act 1992
|
Application for exemption :
Authority to determine the form of an application for exemption | 3 positions | Swimming Pools Regulation 2018
|
Application for Modification:
Authority to determine an application for modification of a consent, in accordance with section 4.55 or 4.56 and to form the opinion that a modification is of minimal environmental impact. | 14 positions | Environmental Planning and Assessment Act 1979
|
Applications for approval:
Authority to give public notice of, and determine, an application for approval in relation to an item of environmental heritage in accordance with Part 4, Division 3, and to modify an approval in accordance with section 65A | 2 positions | Heritage Act 1977
|
Appropriate person:
Authority on behalf of the Council as a building owner to give a written opinion that a person is competent to exercise the function of an accredited practitioner (fire safety) under Divisions 4 and 5 of Part 9 of the Environmental Planning and Assessment Regulation 2000. | 3 positions | Building and Development Certifiers Regulation 2020
|
Approvals for caravan parks etc:
Authority to grant an approval to operate a caravan park or camping ground, and to install a moveable dwelling and associated structures in accordance with Part 3, Division 2 of the Regulation | 10 positions | Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021
|
Approvals for manufactured home estates etc:
Authority to grant an approval to operate a manufactured home estate, and to install a manufactured home and associated structures in a manufactured home estate in accordance with Part 2, Division 2 of the Regulation | 10 positions | Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021
|
Approvals:
Authority to reject a unclear or illegible application for approval for an activity specified in the table to section 68, or to determine such an application, or an application to amend, extend, renew, revoke or modify such an approval and in determining such an application, to give directions in response to an objection. | 14 positions | Local Government Act 1993
|
Authority to carry out inspection:
Authority to carry out inspection of swimming pool, including on request of owner and charge a fee | 7 positions | Swimming Pools Act 1992
|
Authority to issue a certificate of compliance:
Authority to issue a certificate of compliance and charge a fee | 7 positions | Swimming Pools Act 1992
|
Authority to:
Authority to carry out surveys | 6 positions | Surveying and Spatial Information Act 2002
|
Building and Subdivision Certificates:
Authority to issue Part 6 Certificates in accordance with Part 6 of the EP and A Act and all associated and ancillary functions including to require additional information. | 9 positions | Environmental Planning and Assessment Act 1979
|
Building Certificates:
Authority to determine an application for building information certificate. | 12 positions | Environmental Planning and Assessment Act 1979
|
Building Product Rectification Order:
Authority on behalf of the Council as a relevant enforcement agency to make a building product rectification order, including to be satisfied on reasonable grounds that the building is an affected building. | 3 positions | Building Products (Safety) Act 2017
|
By-laws:
Authority to request that a community management statement or neighbourhood management statement includes specified by-laws. | 5 positions | Community Land Development Act 1989
|
Carrying out certification work:
Authority to carrying out certification work of a class prescribed by the regulations that is done in the name of or on behalf of the council. | 7 positions | Building and Development Certifiers Act 2018
|
Certificate as to notices:
Authority to issue a certificate to an applicant as to whether there are any outstanding notices issued by the council under this Act in respect of any land within the council's area. | 4 positions | Local Government Act 1993
|
Certificate of amount due:
Authority to issue a certificate of amount due in accordance with section 88G. | 4 positions | Conveyancing Act 1919
|
Certificates of completion:
Authority to issue a certificate of completion or a written notice that states why such a certificate is not being issued. | 3 positions | Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021
|
Compliance Certificate - Community Development and Precinct Land:
Authority to grant a certificate in relation to the subdivision of a community development lot by a community plan of subdivision or subdivision of a precinct development lot by a precinct plan of subdivision in accordance with sections 8(4)(a) and 12(4)(a) respectively. Authority to issue a certificate signifying consent to the conversion of a community development lot to community property or neighbourhood lot to neighbourhood property under Schedule 6(1)(c) and Schedule 7(1)(c) respectively, or a certificate signifying consent to severing a community development lot from a community scheme, or a precinct development lot from a precinct scheme under Schedule 8(1)(b). | 5 positions | Community Land Development Act 1989
|
Complying Development:
Authority to evaluate and determine an application for complying development in accordance with section 4.28 and modification of a complying development certificate in accordance with section 4.30. | 7 positions | Environmental Planning and Assessment Act 1979
|
Conciliation Conferences:
Authority to reach agreement on behalf of the Council in a conciliation conference in Class 1, 2 or 3 proceedings in the Land and Environment Court. | 3 positions | Land and Environment Court Act 1979
|
Conciliation Conferences:
Authority to give consent, on behalf of the Council, to a Commissioner disposing of Class 1, 2 or 3 proceedings in the Land and Environment Court after terminating a conciliation conference. | 3 positions | Land and Environment Court Act 1979
|
Contracts for certification work:
Authority to execute a written contract for certification work to be done in the name of or on behalf of the council. | 3 positions | Building and Development Certifiers Act 2018
|
Costs and expenses of studies:
Authority to negotiate and sign an agreement on behalf of the council as the relevant planning authority with a person who requests the preparation of a planning proposal for the payment of the costs and expenses incurred by the authority in undertaking studies and other matters required in relation to the planning proposal. | 2 positions | Environmental Planning and Assessment Regulation 2021
|
Creation and release of easements, profits prendre and restrictions on use of land by plans:
Authority to sign a s88B instrument on behalf of the council, except the "surrender of any land" owned by the council. | 10 positions | Conveyancing Act 1919
|
Determination of DA:
Authority to carry out the functions of the council as consent authority associated with the determination of an application for development consent and associated functions. | 14 positions | Environmental Planning and Assessment Act 1979
|
Determinations and decisions subject to review:
Authority to conduct a review of a determination of an application for development consent, the modification of a development consent and the decision of a council to reject and not determine an application for development consent. | 6 positions | Environmental Planning and Assessment Act 1979
|
Developer Contributions:
Authority to impose conditions of development consent imposing developer contributions | 14 positions | Environmental Planning and Assessment Act 1979
|
Development Contracts:
Authority to certify a development contract in accordance with section 26(5) and approve the registration of an amendment of a development contract in accordance with section 27(2)(b) | 5 positions | Community Land Development Act 1989
|
Diagrams from a recognised sewerage authority:
Authority to issue diagrams showing the sewer lines and infrastructure on behalf of the Council as a recognised sewerage authority. | 8 positions | Conveyancing (Sale of Land) Regulation 2022
|
Directing a person to act:
Authority to direct a person to act as "a person acting under the direction of a local authority" for the purposes of section 23A. | 3 positions | Swimming Pools Act 1992
|
Direction to comply:
Authority to serve a direction requiring compliance with the access to swimming pools provisions. | 4 positions | Swimming Pools Act 1992
|
Effect of certain positive covenants:
Authority to, on behalf of the council as the prescribed authority with the benefit of a public positive covenant over land, inspect the land, insure a structure, carry out development, recover expenses incurred and apply for registration of a charge over land in accordance with section 88F. | 4 positions | Conveyancing Act 1919
|
Enforcement of Covenants:
Authority to apply to the Court on behalf of the council as a prescribed authority, to enforce a covenant imposing a restriction on the use of land or a positive covenant by seeking an injunction in accordance with section 88H, or for an order that the land be conveyed or transferred to the authority in accordance with section 88I or for an order requiring the delivery of any deed, certificate of title or other instrument relating to the title to the land in accordance with section 88J. | 4 positions | Conveyancing Act 1919
|
Enforcement of undertakings:
Authority to recommend that the Planning Secretary accept an undertaking that the planning authority has negotiated. | 2 positions | Environmental Planning and Assessment Act 1979
|
Evaluation of DA:
Authority to carry out all functions of the council as consent authority associated with the administration and evaluation of an application for development consent associated with the administration and assessment of an application for development consent. | 14 positions | Environmental Planning and Assessment Act 1979
|
Exemption from approval:
Authority to grant an exemption from section 57(1) by causing an order to be published in the government gazette | 2 positions | Heritage Act 1977
|
Exemption from compliance:
Authority to grant an exemption from all or any of the requirements of the access to swimming pools provisions, unconditionally or subject to conditions. | 3 positions | Swimming Pools Act 1992
|
Extension of lapsing period:
Authority to determine an application for a 1-year extension of a consent in accordance with section 4.54. | 14 positions | Environmental Planning and Assessment Act 1979
|
Give notice:
Authority to give notice of decisions | 7 positions | Swimming Pools Regulation 2018
|
Identification of road boundaries:
Authority to:
a) cause surveys to be carried out to identify the boundaries of a public road in accordance with section 18;
b) consider any submissions that have been duly made with respect to the proposed boundaries and approve the survey plan, either with or without alteration in accordance with section 21 | 4 positions | Roads Act 1993
|
Imposition of Conditions:
Authority to accept payment of security, by way of either a deposit or bank guarantee, authorise the drawing of any monies paid as security and authorise the release of any payment of security by an applicant pursuant to a condition of development consent imposed | 5 positions | Environmental Planning and Assessment Act 1979
|
Interim heritage orders:
Authority (where authorised by the Minister for Heritage in accordance with section 25) to make an interim heritage order for a place, building, etc in the council's area that the delegate considers may, on further inquiry or investigation, be found to be of local heritage significance, and that the delegate considers is being or is likely to be harmed, in accordance with Part 3 of the Heritage Act 1977. Authority to revoke an interim heritage order in accordance with section 29(4) | 3 positions | Heritage Act 1977
|
Investigation of complaint:
Authority to investigate a complaint of non-compliance with the Act or Regulations. | 7 positions | Swimming Pools Act 1992
|
Issue a certificate of Non-Compliance:
Authority to be satisfied/ not satisfied on behalf of the local authority that the requirements for the issue of a certificate of compliance have been met, and issue a notice and/or certificate of non-compliance under clauses 20 and 21 respectively. | 7 positions | Swimming Pools Regulation 2018
|
LEP Planning Proposals:
Authority to carry out the steps associated with the making of a local environmental plan, as the planning proposal authority, including preparing a planning proposal, requiring the owner to carry out studies or provide other information or pay the costs of the authority, carrying out community consultation and forwarding a planning proposal to the Minister (or the Greater Sydney Commission), in accordance with Part 3, Division 3.4 of the EP and A Act. | 6 positions | Environmental Planning and Assessment Act 1979
|
Local Strategic Planning Statement:
Authority to prepare, on behalf of the council, a Local Strategic Planning Statement in respect of its area. | 4 positions | Environmental Planning and Assessment Act 1979
|
Make submissions to Heritage Council:
Authority to make submissions to Heritage Council on proposed recommendation for listing of item on State Register | 4 positions | Heritage Act 1977
|
Make submissions to Heritage Council:
Authority to make submissions to Heritage Council regarding item of environmental heritage worthy of conservation | 4 positions | Heritage Act 1977
|
Make submissions:
Authority to make submissions to the Board in respect of proposed names or changes to names | 7 positions | Geographical Names Act 1966
|
Notice of DAs not required:
Authority to decide to not comply with section 56 notice requirements in relation to an amended development application if the consent authority complied with section 56 before the application was amended and the Council considers the amended development application differs from the original development application in minor ways only. | 14 positions | Environmental Planning and Assessment Regulation 2021
|
Notice of intention:
Authority to serve on the occupier of the premises a notice of intention to carry out the requirements of a direction given under section 23 (requiring compliance with the access to swimming pools provisions). | 3 positions | Swimming Pools Act 1992
|
Obligations of planning authority:
Authority on behalf of the council as a planning authority when granting a planning approval, to certify in accordance with s75(2). | 10 positions | Strata Schemes Development Act 2015
|
Orders:
Authority to exercise Council's functions under Chapter 7, Part 2 of the Local Government Act 1993 in relation to the making of orders including:
a) the giving of an Order under section 124;
a) issue a notice of intention to give an order in accordance with section 132,
b) hear and consider representations made in relation to a notice of intention to give an order, in accordance with section 133
c) determine to give, or not give, an order in accordance with section 135;
d) accept or reject particulars of work in accordance with section 141;
e) prepare or authorise the preparation of particulars of work and order the owner to carry out that work under section 141(3);
f) recover from the owner expenses incurred in preparing particulars of work in accordance with section 141;
g) modify an order in accordance with section 152;
h) revoke an order in accordance with section 153 | 9 positions | Local Government Act 1993
|
Paper Subdivisions:
Authority to carry out all delegable functions of the council as a relevant authority designated by a subdivision order | 3 positions | Environmental Planning and Assessment Act 1979
|
Planning Certificates:
Authority to issue a planning certificate in accordance with section 10.7 of the EP and A Act. | 15 positions | Environmental Planning and Assessment Act 1979
|
Preparation of contributions plan:
Authority to prepare a draft contributions plan in accordance with section 7.18 | 6 positions | Environmental Planning and Assessment Act 1979
|
Prepare DCP:
Authority to prepare, on behalf of the council as the relevant planning authority, a development control plan in accordance with Division 3.6. | 6 positions | Environmental Planning and Assessment Act 1979
|
Principal Certifier:
Authority to act on behalf of the council as the principal certifier appointed in respect of building or subdivision work under Part 6. | 8 positions | Environmental Planning and Assessment Act 1979
|
Proceedings to breach:
Authority to bring proceedings in the Local Court for an offence against the Act or Regulations. | 3 positions | Swimming Pools Act 1992
|
Proceedings to remedy or restrain a breach:
Authority to bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of the Act or Regulations. | 3 positions | Swimming Pools Act 1992
|
Publish notice:
Authority to publish notice of proposed boundaries in newspaper and serve notice on owner of affected land | 4 positions | Roads Act 1993
|
Refer a submission:
Authority to refer a submission objecting to identification of item as of heritage significance in local environmental plan to a panel | 2 positions | Heritage Act 1977
|
Refund for withdrawal:
Authority to refund to the applicant the whole or any part of any application fee paid in connection with an application what has been withdrawn. | 6 positions | Environmental Planning and Assessment Regulation 2021
|
Rejection of DA:
Authority to reject a development application. | 14 positions | Environmental Planning and Assessment Regulation 2021
|
Request additional information:
Authority to request the applicant of an application for approval in respect of an interim heritage order made by the Council to provide additional information necessary to properly consider the application. | 4 positions | Heritage Regulation 2012
|
Request for additional information:
Authority to request the applicant for development consent to provide it with such additional information about the proposed development as it considers necessary to its proper consideration of the application | 14 positions | Environmental Planning and Assessment Regulation 2021
|
Restrictions on use of land and public positive covenants (land held by prescribed authority):
Authority to, by order, impose restrictions on the use of or impose public positive covenants on any prescribed land vested in the council, and vary any such restriction or covenant and rescind or revoke any such order, in accordance with section 88D. | 4 positions | Conveyancing Act 1919
|
Restrictions on use of land and public positive covenants (land NOT held by prescribed authority):
Authority to impose restrictions on the use of land or impose a public positive covenant on any land not vested in the council in accordance with section 88E. | 12 positions | Conveyancing Act 1919
|
Revocation or modification of consent:
Authority to revoke or modify a development consent in accordance with section 4.57. | 5 positions | Environmental Planning and Assessment Act 1979
|
Revocation or regrant of development consents after order of Court:
Authority to revoke a development consent to which an order of suspension applies, and to regrant the consent. | 2 positions | Environmental Planning and Assessment Act 1979
|
Road widening:
Authority to:
a) submit to the Minister for Roads and Ports a proposed plan for the widening of a public road in accordance with section 22
b) make a road widening order in accordance with section 25
c) revoke or vary a road widening order in accordance with section 27
d) grant consent for the carrying out minor repairs or improvements to a building in accordance with section 26
e) direct an owner of land (where a person constructs, replaces or repairs a building or work on land affected by a road widening order in contravention of section 26) to carry out such work as is necessary to restore the land to the state it was in before the contravention occurred in accordance with section 26(4). | 4 positions | Roads Act 1993
|
Strata Certificates:
Authority to issue a strata certificate in accordance with section 54 (strata plans and subdivision of development lots), s55(subdivision not involving development lot) and s56 (notices of conversion) in accordance with Part 4 Division 2 of the Strata Schemes Development Act 2015 and Part 4 of the Strata Schemes Development Regulation 2016. | 10 positions | Strata Schemes Development Act 2015
|
Strata development contract amendment:
Authority to approve the amendment of a strata development contract for a strata scheme in accordance with s84. | 10 positions | Strata Schemes Development Act 2015
|
Termination of a strata scheme:
Authority to sign an application for termination of a strata scheme in accordance with s142. | 3 positions | Strata Schemes Development Act 2015
|
Variation or termination of schemes:
Authority to represent the council as a party to Supreme Court proceedings to vary or terminate a scheme under sections 70 and 71, and authority to consent to the termination of a neighbourhood scheme under section 72. | 3 positions | Community Land Development Act 1989
|
Variations to development standards:
Authority to assume the concurrence of the Secretary of the Department of Planning and Environment under clause 4.6(4)(b) of the Standard Instrument - Principal Local Environmental Plan, in accordance with the Notice issued by the Secretary dated 21 February 2018 which is attached to Planning Circular PS18-003. | 9 positions | Environmental Planning and Assessment Act 1979
|
| Delegation | Positions | Legislation |
|---|
All functions:
Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 3 positions | Public Interest Disclosures Act 1994
|
All functions:
Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 3 positions | State Records Act 1998
|
Application for Internal review:
Authority to agree to accept an application for internal review out of time. | 4 positions | Government Information (Public Access) Act 2009
|
Authorised Proactive release of information:
Authority to make any government information held by the council publicly available unless there is an overriding public interest against disclosure of the information. | 3 positions | Government Information (Public Access) Act 2009
|
Conduct internal review:
Authority to conduct internal review requested by an aggrieved person | 4 positions | Privacy and Personal Information Protection Act 1998
|
Conduct of Internal Review:
Authority to determine an application for internal review of a decision of the Council and give the applicant notice of the decision in accordance with Part 5, Division 2. | 4 positions | Government Information (Public Access) Act 2009
|
Confidential information in register:
Authority to decide whether or not to include information in the register | 4 positions | Government Information (Public Access) Act 2009
|
Consultation:
Authority to consult with a person before providing access to information relating to the person and decide whether information about a person consulted under this section is likely to be included in the agency's disclosure for the purposes of giving a written notice to the person, in accordance with section 54 | 5 positions | Government Information (Public Access) Act 2009
|
Deciding access applications:
Authority to decide an access application and give the applicant notice of the decision in accordance with section 9 and Part 4, Division 4 (sections 57 - 63). | 5 positions | Government Information (Public Access) Act 2009
|
Deferral of access:
Authority to defer access to information where the Council has decided to provide access in response to an access application, in accordance with section 78. | 5 positions | Government Information (Public Access) Act 2009
|
Determine to disclose:
Authority to determine to disclose and disclose identifying information | 3 positions | Public Interest Disclosures Act 1994
|
Exercise functions:
Authority to exercise the Council's functions, including the disposal of Council records and making of open and closed access directions in accordance with that Act and the State Records Regulation 2005 | 3 positions | State Records Act 1998
|
Informal release of information:
Authority to release government information held by it to a person in response to an informal request by the person (that is, a request that is not an access application) unless there is an overriding public interest against disclosure of the information. | 5 positions | Government Information (Public Access) Act 2009
|
Notify person:
Authority to notify person of action or proposed action in respect of a disclosure | 3 positions | Public Interest Disclosures Act 1994
|
Overriding Public Interest Against Disclosure:
Authority to decide whether there is an overriding public interest against disclosure for the purposes of sections 6-9, 32(1)(d), 58(1)(d) and (f) | 5 positions | Government Information (Public Access) Act 2009
|
Personal factors of the application:
Authority to require an applicant to provide evidence concerning any personal factors of the application that were relevant to a decision by the agency that there was not an overriding public interest against disclosure of the information. | 5 positions | Government Information (Public Access) Act 2009
|
Processing charge:
Authority to carry out the functions of the Council as an agency under the Government Information (Public Access) Act 2009 which are provided for in Part 4, Division 5 (sections 64-71) of the Government Information (Public Access) Act 2009 in accordance with those sections, including the following functions:
o To impose or waive a processing charge, or discounted processing charge, for dealing with an access application,
o to require the applicant to make an advance payment of a processing charge
o to refuse to deal further with an access application if the applicant has failed to pay an advance deposit within the time required for payment. | 5 positions | Government Information (Public Access) Act 2009
|
Protection of privacy :
Authority to determine a request made by a person that any material that is available (or is to be made available) for public inspection by or under that Act be prepared or amended so as to omit or remove any matter that would disclose or discloses the person's place of living if the person considers that the disclosure would place or places the personal safety of the person or the person's family at risk. | 3 positions | Local Government Act 1993
|
Provide investigating authority:
Authority to provide investigating authority with view of Council as to proposed transfer of investigation, enter arrangements with investigating authority | 3 positions | Public Interest Disclosures Act 1994
|
Provide report:
Authority to provide report to Ombudsman and to Minister | 3 positions | Public Interest Disclosures Act 1994
|
Refer evidence of an offence:
Authority to refer evidence of an offence to Commissioner of Police or Commissioner | 3 positions | Public Interest Disclosures Act 1994
|
Review by Information Commissioner:
Authority, pursuant to a recommendation by the Information Commissioner, to reconsider a decision and make a new decision in accordance with section 93. | 3 positions | Government Information (Public Access) Act 2009
|
The powers to comply with Act:
Authority to exercise and/or perform all powers and functions necessary or desirable to enable the Council to comply with its obligations under the Privacy and Personal Information Protection Act 1998. | 3 positions | Privacy and Personal Information Protection Act 1998
|
Validity of application:
Authority to decide whether the application is a valid access application and notify the applicant of its decision in accordance with sections 51, 51A and 52 | 5 positions | Government Information (Public Access) Act 2009
|
Waiver, reduction or refund of fees and charges:
Authority to waive, reduce or refund any fee or charge payable or paid under the Government Information (Public Access) Act 2009 in any case that the delegate thinks appropriate. | 4 positions | Government Information (Public Access) Act 2009
|
| Delegation | Positions | Legislation |
|---|
Abatement of Public Nuisances:
Authority to take action to abate a public nuisance or order a person responsible for a public nuisance to abate it. | 3 positions | Local Government Act 1993
|
Act in Court proceedings:
Authority to act in any local court appeal proceedings in relation to companion animals, including appeal proceedings against the making of a dangerous dog declaration or refusal to revoke a dangerous dog declaration and an appeal to the District Court against disqualification from owning a dog or cat. | 4 positions | Companion Animals Act 1998
|
Action in event of failure to comply:
Authority to take action to cause a prevention notice to be complied with if a person does not comply with a prevention notice given to the person. | 5 positions | Protection of the Environment Operations Act 1997
|
Activities for which EIS required:
Authority to determine whether to grant an approval in relation to an activity to which Division 5.1 Subdivision 3 (where an EIS is required) applies. | 4 positions | Environmental Planning and Assessment Act 1979
|
All functions:
Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 7 positions | Public Spaces (Unattended Property) Act 2021
|
Appearance before Court:
Authority to appear before the Court in any proceedings under this Part in relation to a tree in accordance with section 13 or 14G. | 4 positions | Trees (Disputes Between Neighbours) Act 2006
|
Approval for certain fires:
Authority to grant an approval in respect of the burning of dead and dry vegetation on the premises on which the vegetation grew, in accordance with Part 3 (section 13) of the Protection of the Environment Operations (Clean Air) Regulation 2021. | 6 positions | Protection of the Environment Operations (Clean Air) Regulation 2010
|
Assistance to be given to authorised officers:
Authority to issue a notice requiring the owner or occupier of a premises to provide such reasonable assistance and facilities to an authorised officer | 7 positions | Protection of the Environment Operations Act 1997
|
Authorisation of Power of entry:
Authority to authorise a council employee or other person to enter land in accordance with section 191, 191A and generally Chapter 8, Part 2 of the Local Government Act 1993. | 4 positions | Local Government Act 1993
|
Authority to direct an authorised officer to destroy property:
Destroying items that are in possession of Council | 3 positions | Public Spaces (Unattended Property) Act 2021
|
Authority to direct an authorised officer to sell or dispose of property:
Authority to sell or dispose of items that were taken into possession by an authorised officer | 3 positions | Public Spaces (Unattended Property) Act 2021
|
Biodiversity Values Map:
Authority to hold the opinion on behalf of the Council that land contains vegetation connectivity features or threatened species habitat for the purposes of inclusion in the Biodiversity Values Map. | 5 positions | Biodiversity Conservation Regulation 2017
|
Biosecurity Directions and Undertakings:
Authority to exercise the powers of the Secretary with respect to any biosecurity direction given by, or any biosecurity undertaking executed by an authorised officer appointed by the local control authority. | 5 positions | Biosecurity Act 2015
|
Certificate as to Weed Control Notices:
Authority to issue a Certificate as to weed control notices, expenses and charges on land. | 5 positions | Biosecurity Act 2015
|
Clean up action:
Authority, where the council is advised by the EPA, or where the delegate reasonably suspects that any pesticide pollution is occurring or has occurred, to take or authorise such clean-up action as the delegate considers necessary in accordance with section 20, issue a compliance cost notice in relation to such action in accordance with section 28, recover any unpaid amounts specified in a compliance costs notice as a debt in accordance with section 29 and apply for a compliance cost notice to be registered as a charge on the land to which it relates in accordance with section 30. | 6 positions | Pesticides Act 1999
|
Clean-up notices:
Authority to issue, vary or revoke a clean-up notice. A notice can be issued in writing, or orally in accordance with section 93. | 9 positions | Protection of the Environment Operations Act 1997
|
Commence Court Proceedings:
Authority, subject to the General Manager's consent, to institute and carry on proceedings in the Local Court for an offence against the Companion Animals Act 1998 | 4 positions | Companion Animals Act 1998
|
Commence proceedings:
Authority to commence proceedings against a breach of the Act or Regulations. | 3 positions | Public Health Act 2010
|
Companion Animals killed by Traffic:
Authority to act in relation to companion animals killed by traffic. | 7 positions | Companion Animals Act 1998
|
Compensation for inspection damage:
Authority to pay compensation for any damage caused by a person authorised to enter premises. | 3 positions | Local Government Act 1993
|
Compensation:
Authority to determine an application for compensation in relation to a prohibition order and, if it is determined to grant compensation, to authorise the payment of such compensation in accordance with section 66 | 3 positions | Food Act 2003
|
Compliance Cost Notices:
Authority on behalf of the relevant enforcement authority that gives a Development Control Order to serve on the other person a compliance cost notice and to recover any unpaid amount as a debt in accordance with Schedule 5, clause 37. | 6 positions | Environmental Planning and Assessment Act 1979
|
Compliance cost notices:
Authority to:
a) issue a compliance cost notice;
b) recover any unpaid amounts as a debt;
c) apply to register a compliance cost notice in relation to land; and
d) where a compliance cost notice has been lodged or registered, issue a notice requiring the person to pay the reasonable costs and expenses incurred by the authority in respect of the lodgement or registration and recover any unpaid amounts as a debt.
e) revoke or vary a notice. | 3 positions | Protection of the Environment Operations Act 1997
|
Court proceeding (agent or appointee):
Authority to act as an agent or appointee of the Council to commence proceedings for an offence against the Act or Regulations. | 5 positions | Protection of the Environment Operations Act 1997
|
Court proceedings (authority to provide consent):
Authority to provide consent for an officer or employee to institute proceedings under section 220. | 5 positions | Protection of the Environment Operations Act 1997
|
Court proceedings (officers and employees):
Authority to institute proceedings for an offence against the Act or the Regulations (other than excluded offences) with the written consent of the council or a person authorised by the council, in accordance with sections 218 and 220. If a court convicts a corporation of an offence in such proceedings, authority to apply to the Court for a monetary benefits order. | 5 positions | Protection of the Environment Operations Act 1997
|
Court proceedings :
Authority to represent the Council in relation to appeals against proceedings for offences, debt recovery and applications for review to the Administrative Decisions Tribunal. | 4 positions | Public Spaces (Unattended Property) Act 2021
|
Court proceedings:
Authority to act in relation to proceedings to review a decision to refuse a certificate of clearance. | 3 positions | Food Act 2003
|
Court proceedings:
Authority to represent the Council in relation to appeals against proceedings for offences, applications for review to the Administrative Decisions Tribunal. | 4 positions | Impounding Act 1993
|
Delegated Powers:
Authority for an Authorised Officer to carry out any function of the NSW Food Authority delegated and sub-delegated in accordance with section 109E. | 6 positions | Food Act 2003
|
Destroy animal:
Authority to destroy dog seized in transition period | 7 positions | Companion Animals Act 1998
|
Destroy animal:
Authority to destroy goat trespassing on inclosed land owned or occupied by Council | 8 positions | Inclosed Lands Protection Act 1901
|
Detain animal:
Authority to detain animal which is being investigated or is the subject of proceedings | 7 positions | Companion Animals Act 1998
|
Development Control Orders (representations and determinations):
Authority to hear and consider representations as a nominated person and determine to give an order in accordance with the proposed order or in accordance with modification or not to give an order. | 7 positions | Environmental Planning and Assessment Act 1979
|
Development Control Orders:
Authority to exercise Council's functions under Division 9.3 and Schedule 5 as the relevant enforcement authority in relation to Development Control Orders. | 7 positions | Environmental Planning and Assessment Act 1979
|
Enforcement of orders by cessation of utilities :
Authority to make application, or instruct the Council's lawyers, to make an application, to the Local Court or the Land and Environment Court for an order directing that a provider of water, electricity or gas to cease to provide those services | 3 positions | Environmental Planning and Assessment Act 1979
|
Exemption for watercourses:
Authority to exempt the whole or part of a watercourse, river or inland water from the duty to control aquatic weeds. | 3 positions | Biosecurity Act 2015
|
Extend time:
Authority to extend time for payment of, or waive, a fee | 3 positions | Protection of the Environment Operations Act 1997
|
Failure to comply with notice relating to regulated system:
Authority to take action if the occupier of premises at which there is a regulated system fails to comply with an improvement notice. | 4 positions | Public Health Act 2010
|
Fees and charges:
Authority to exercise the powers of the Council in its capacity as enforcement agency in relation to fees and charges, being to waive the requirement to pay a fee, or extend the time for payment of a fee, in respect of an improvement notice in accordance with section 66AA of the Food Act 2003, to increase the charge or reduce or waive payment of a charge in accordance with clause 14(4), and to issue a notice imposing an annual administration charge, extend the time for payment of the charge or reduce or waive payment of the charge, in accordance with clause 15 of the Food Regulation 2015. | 3 positions | Food Act 2003
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Fees:
Authorise any fee or charge payable under this Act:
(a) to be paid by instalments, and
(b) to be reduced or waived in respect of persons in receipt of a pension, benefit or allowance under the Social Security Act 1991 of the Commonwealth. | 3 positions | Companion Animals Act 1998
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Fees:
Authority to extend the time for payment of a fee or waive a fee in full or part in respect of an improvement notice or prohibition order. | 2 positions | Public Health Regulation 2012
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Functions of an Impounding Authority:
Authority to carry out the functions of the Council as an impounding authority in relation to how impounded items are to be dealt with | 8 positions | Impounding Act 1993
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Functions of an Impounding Authority:
Authority to carry out the functions of the Council to deal with property after taking possession of it. | 7 positions | Public Spaces (Unattended Property) Act 2021
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Institute proceedings:
Authority to institute and carry on proceedings for an offence against the Food Act 2003 or the regulations. | 3 positions | Food Act 2003
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Internal Review:
Authority to exercise the Council's functions as a reviewing agency under Part 3, Division 2A of the Fines Act 1996 including to decide not to conduct an internal review and take other such action as the delegate sees fit, in accordance with section 24B, conduct a review (provided the delegate was not involved in making the decision that is the subject of the review) in accordance with section 24C and 24E, serve a penalty reminder notice in accordance with section 24F, request additional information from the applicant in accordance with section 24D, give an official caution in accordance with section 24G. | 5 positions | Fines Act 1996
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Investigation Authority powers:
Authority to exercise and/or perform on behalf of Council the Council's delegable Functions as an "investigation authority" under Division 9.2, including: Authority to give the owner or occupier of premises written notice of the intention of an investigation officer to enter the premises, in accordance with section 9.17. Authority to authorise in writing (either generally on in a particular case) entry without notice if entry is required urgently in accordance with section 9.17(4)(d). Authority to give notice that an investigation officer used force for the purpose of gaining entry to premises in accordance with section 9.21(2). Authority to require a corporation to nominate a director or officer of the corporation in accordance with section 9.23(2). Authority to give the owner or occupier of premises written notice requiring the owner/occupier to provide reasonable assistance and facilities to an investigation officer in accordance with section 9.27. Authority to recover the reasonable costs of entry and inspection from the owner or occupier of the premises in accordance with section 9.29. | 13 positions | Environmental Planning and Assessment Act 1979
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Issuing notices to owners or or persons responsible for unattended items:
Authority to give notices after taking possession of property | 7 positions | Public Spaces (Unattended Property) Act 2021
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Keeping records:
Authority to keep records of property taken into possession. | 7 positions | Public Spaces (Unattended Property) Act 2021
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Legal Proceedings:
Authority to commence proceedings for an offence under the Food Act or Regulations | 3 positions | Food Act 2003
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Local Policies:
Authority to prepare a draft local policy for approvals and orders under sections 158 and 159. | 3 positions | Local Government Act 1993
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Notice for permit for companion animal:
Authority to give the owner of a companion animal a notice requiring the owner to apply for a Permit under Part 2A. | 7 positions | Companion Animals Act 1998
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Notice of entry:
Authority to give written notice to the owner or occupier of the premises of the intention to enter the premises and authority to give notification of the use of force or urgent entry to such persons or authorities as appear to the delegate to be appropriate in the circumstances. | 7 positions | Local Government Act 1993
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Notice of voluntary surrender:
Authority to carry out all functions of the Council as consent authority associated with the determination of a notice of voluntary surrender. | 11 positions | Environmental Planning and Assessment Regulation 2021
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Notice Requiring registration:
Authority to issue a notice requiring a companion animal to be registered. | 8 positions | Companion Animals Act 1998
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Notify nuisance dog or cat order:
Authority to notify Director General of issuing of nuisance dog or cat order | 7 positions | Companion Animals Act 1998
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Opinion as to significant affect:
Authority on behalf of the council as consent authority to determine whether development or an activity is likely to significantly affect threatened species and hold an opinion as to whether a proposed development is likely to have serious and irreversible impacts on biodiversity values and be satisfied that an application for modification of development consent will not increase the impact on biodiversity values, in accordance with Part 7 | 5 positions | Biodiversity Conservation Act 2016
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Order requiring compliance with biosecurity undertaking:
Authority to apply to the Land and Environment Court for an order if a person contravenes a biosecurity undertaking. | 4 positions | Biosecurity Act 2015
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Part 5 consideration:
Authority, on behalf of the council as the determining authority in relation to an activity under Part 5, to examine and take into account to the fullest extent possible all matters affecting or likely to affect the environment by reason of that activity in accordance with section 5.5 and Part 7 of the Biodiversity Conservation Act 2016. | 5 positions | Environmental Planning and Assessment Act 1979
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Pay or waive a fee charged :
Authority to pay an amount or waive and amount in relation to a property or animal taken into possession. | 2 positions | Public Spaces (Unattended Property) Act 2021
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Pesticide use notification plans:
Authority to carry out all the functions associated with the requirement to prepare, finalise, notify the EPA and give public notice of, a pesticide use notification plan in accordance with Part 5 Division 2 of the Pesticides Regulation 2009. | 3 positions | Pesticides Act 1999
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Power of entry:
Authority to authorise a person to enter a premises of a registered boarding house for the purpose of conducting an initial compliance investigation and issue an authority to enter premises under section 25. Authority to recover an approved fee in association with an initial compliance investigation in accordance with section 23. | 3 positions | Boarding Houses Act 2012
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Power of Entry:
Authority to authorise a person to enter premises for the purpose of exercising the council's functions under Part 3 of the Pesticides Act 1999 in accordance with section 35 of the Pesticides Act 1999 and Chapter 7 of the Protection of the Environment Operations Act 1997. | 4 positions | Pesticides Act 1999
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Prevention notices:
Authority to issue, vary or revoke a prevention notice. | 10 positions | Protection of the Environment Operations Act 1997
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Proceedings for offences:
Authority to commence and conduct proceedings for an offence against the EP and A Act or Regulations in accordance with section 9.57 | 3 positions | Environmental Planning and Assessment Act 1979
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Prohibition Notice and Certificate of Clearance:
Authority to serve a prohibition notice or give a certificate of clearance in accordance with section 60 | 6 positions | Food Act 2003
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Prohibition Order:
Authority to serve a prohibition order, and give a certificate of clearance, in accordance with section 45, and to determine a claim for compensation in accordance with section 49. | 4 positions | Public Health Act 2010
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Reasonable use of force:
Authority to authorise the reasonable use of force in gaining entry to a premises to conduct an initial compliance investigation. | 2 positions | Boarding Houses Act 2012
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Recovery of costs etc:
Authority to seek an order for costs, expenses and compensation in accordance with section 95 and to recover from the offender the costs and expenses incurred or the amount of the loss or damage incurred by the council in the Land and Environment Court in accordance with section 96. | 3 positions | Pesticides Act 1999
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Recovery of costs of entry and inspection:
Authority to recover the reasonable costs of the entry and inspection from the owner or occupier of the premises in accordance with section 197. | 4 positions | Local Government Act 1993
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Recovery of Fees:
Authority to charge and recover fees charged, or costs and expenses incurred by the Council acting as local control authority in connection with the exercise of functions by an authorised officer appointed by the Council, in accordance with Part 20 of the Biosecurity Act 2015. | 4 positions | Biosecurity Act 2015
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Registration Agent:
Authority to act on behalf of Council as a registration agent for the purposes of companion animals registration including serving a notice requiring an animal to be registered under clause 24 of the Regulation. | 7 positions | Companion Animals Regulation 2018
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Representative on Local Emergency Management Committee:
Authority to determine the representative of an organisation on the Local Emergency Management Committee in accordance with section 28(2)(c). | 3 positions | State Emergency and Rescue Management Act 1989
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Request:
Authority to request person to leave inclosed land owned or occupied by Council | 22 positions | Inclosed Lands Protection Act 1901
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Requirement to provide information and records:
Authority to give, revoke or vary a notice to a person to require the person to furnish information or records (or both). | 12 positions | Protection of the Environment Operations Act 1997
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Restraint of breaches:
Authority to commence and conduct court proceedings to remedy or restrain a breach of the EP and A Act, in accordance with section 9.45. | 3 positions | Environmental Planning and Assessment Act 1979
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Revocation of Biosecurity Direction:
Authority to revoke or vary a biosecurity direction given by an authorised officer appointed by the Council. | 5 positions | Biosecurity Act 2015
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Revoke declaration:
Authority to revoke a dangerous dog declaration in accordance with section 39 and revoke a declaration by an authorised officer that a dog is a restricted dog in accordance with section 58D, and give notice of revocation or of non revocation. | 4 positions | Companion Animals Act 1998
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Seized items:
Authority to deal with items seized by an authorised officer, in accordance with Part 4 Division 2. | 6 positions | Food Act 2003
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Supplementary clean-up notices:
Authority to provide a supplementary clean-up notice to a current director of the corporation, former director and/or a related body corporate in accordance with section 91A, where the previous clean-up notice has not been complied with. | 9 positions | Protection of the Environment Operations Act 1997
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Supplementary prevention notices:
Authority to provide a supplementary prevention notice to a current director of the corporation, former director and/or a related body corporate in accordance with section 96A, where the previous prevention notice has not been complied with. | 7 positions | Protection of the Environment Operations Act 1997
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Unclaimed seized or surrendered animals:
Authority to sell or destroy unclaimed seized or surrendered animals, and recover fees, charges and expenses from an owner | 8 positions | Companion Animals Act 1998
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Unlawful re-entry on inclosed lands:
Authority to give a re-entry prohibition as the responsible authority for an organised event in accordance with section 4AA of the Inclosed Lands Protection Act 1901. | 4 positions | Inclosed Lands Protection Act 1901
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Voluntary clean-up action:
Authority to take such clean-up action as the delegate considers necessary if the delegate reasonably suspects that a pollution incident has occurred or is occurring. | 3 positions | Protection of the Environment Operations Act 1997
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| Delegation | Positions | Legislation |
|---|
Access roads across land owned by public authority:
Authority to enter into agreement with public authority regarding construction and maintenance of road | 3 positions | Roads Act 1993
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Alter landform:
Authority to alter landform of land adjoining public road to ensure stability of road | 3 positions | Roads Act 1993
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Applications for consent:
Authority to apply to TfNSW for consent to erect a barrier or notice or carry out work or take any action to regulate traffic on a public road for other purposes; to remove any notice or barrier, to demolish any work or cease any action for which the TfNSW has given consent, and give public notice of such application | 3 positions | Roads Act 1993
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Appointment of bus stops:
Authority to approve, on behalf of the Council as a roads authority for the road concerned, the appointment of bus stops in accordance with clause 104 of the Passenger Transport (General) Regulation 2017. | 4 positions | Passenger Transport (General) Regulation 2017
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Authorised officer may require production of information:
Authority to require the owner of the vehicle or the person in charge of the vehicle to produce certain information immediately. | 2 positions | Roads Act 1993
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Carry out drainage work :
Authority to carry out drainage work on land in vicinity of public road for purpose of draining or protecting public road | 3 positions | Roads Act 1993
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Certificates:
Authority to provide certificates specifying an amount of costs incurred | 3 positions | Road Transport Act 2013
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Certificates:
Authority to provide certificates as to maintenance of road, estimating monetary value of road infrastructure or of damage to it, estimating cost of remedying damage, estimating extent of offender's contribution to damage | 3 positions | Road Transport Act 2013
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Commence proceedings:
Authority to recover as a debt expenses incurred under s.142 | 3 positions | Road Transport Act 2013
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Concurrence for a stock permit:
Authority to provide the concurrence regarding the issuing of a stock permit in the case of a public road that is not a Crown road vested in the council. | 4 positions | Local Land Services Act 2013
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Construct bridges and tunnels across navigable waters:
Authority to construct bridges and tunnels across navigable waters, give public notice of proposal, consider submissions, make decision, and give notice of decision | 3 positions | Roads Act 1993
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Damage by network operator:
Authority to require a network operator to make good any damage caused to a public road or public reserve by any work carried out by a network operator, to carry out such work if the network operator fails to carry out appropriate work in accordance with any such requirement, and to recover the costs of carrying out the work in accordance with section 46 of the Electricity Supply Act 1995. | 7 positions | Electricity Supply Act 1995
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Functions of Council in respect of private roads:
Authority to direct the owner of a private road (other than a classified road) to carry out such work as is necessary to prevent the road from becoming unsafe or unsightly | 3 positions | Roads Act 1993
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Give a direction:
Authority to give a direction under Part 7 | 3 positions | Roads Act 1993
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Graffiti Removal Work :
Authority to carry out graffiti removal work with consent of owner or occupier of private land or without such consent where graffiti visible from public place. | 32 positions | Graffiti Control Act 2008
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Inspections and Investigations:
Authority to inspect the land, for the purposes of an inspection, dig up any ground and take such measures as are necessary to ascertain the character and condition of the land and of any building, structure or work that is situated in, on or over the land, make surveys and take levels and, for those purposes, may dig trenches, break up the soil and set up any posts, stakes or marks, and may take samples or photographs in connection with any inspection. | 3 positions | Roads Act 1993
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Location of conduits:
Authority to consult with persons as to location of conduits for utilities across public roads | 4 positions | Roads Act 1993
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Notice of Entry:
Authority to give written notice to the owner or occupier of the premises of the intention to enter the premises and authority to give notification of the use of force or urgent entry to such persons or authorities as appear to the delegate to be appropriate in the circumstances. | 3 positions | Roads Act 1993
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Notify TfNSW :
Authority to notify TfNSW of work on classified road involving deviation or alteration of road or construction of bridge, tunnel or level crossing | 3 positions | Roads Act 1993
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Notify TfNSW :
Authority to notify TfNSW of major road work | 3 positions | Roads Act 1993
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Power of roads authorities in respect to roadwork:
Authority to carry out road work on public road or other land controlled by council | 3 positions | Roads Act 1993
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Recovery of:
Authority to determine the amount of contribution to which an owner of land adjoining a public road is required to contribute to the cost incurred by the Council in constructing or paving any adjacent kerb, gutter or footway | 3 positions | Roads Act 1993
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Refer matters:
Authority to refer matters to local land board | 2 positions | Roads Act 1993
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Regulate traffic:
Authority to regulate traffic on a public road by means of barriers or notices for any of the purposes set out in section 115(2) of the Roads Act 1993 (NSW) in so far as they apply to the Council as a roads authority. | 3 positions | Roads Act 1993
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Removal of dangers and obstructions to traffic:
Authority to authorise an employee of the council as the appropriate roads authority as an appropriate officer for the purposes of section 142 of the Road Transport Act 2013. Section 142 provides that an appropriate officer may remove the vehicle, thing or container and take such other steps as may be necessary to protect the public and facilitate the free flow of traffic | 3 positions | Road Transport Act 2013
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Roads authority may carry out work instead of paying compensation:
Authority to enter an agreement to do work instead of pay compensation | 2 positions | Roads Act 1993
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Roads authority may give effect to direction and recover costs:
Authority to take action necessary to give effect to a direction and recover costs from person to whom direction given | 2 positions | Roads Act 1993
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Roads authority may take possession of land when constructing etc public road:
Authority to use and occupy land along or near a road for the purpose of carrying out road work or providing a temporary road, and give notice of intention to do so | 3 positions | Roads Act 1993
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Roads authority to supply TfNSW with plans and specifications :
Authority to make submissions to TfNSW regarding proposed works | 2 positions | Roads Act 1993
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Temporary regulation of traffic:
Authority to serve (and revoke) an Order prohibiting a person from causing any vehicle under the person's control to pass along a specified local road | 3 positions | Roads Act 1993
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Traffic Control Facilities:
Authority to seek consent of TfNSW, and with such consent, carry out traffic control work on classified road | 3 positions | Roads Act 1993
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Traffic Control Facilities:
Authority to carry out traffic control work on unclassified road or transitway or road or road related area | 3 positions | Roads Act 1993
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Tree felling:
Authority to form the opinion that it is necessary to remove or lop a tree or other vegetation on or overhanging a public road for the purpose of a road work or to remove a traffic hazard, and to effect such removal or lopping | 3 positions | Roads Act 1993
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Warrants of entry:
Authority to form the opinion that it is necessary and apply on behalf of the council as a roads authority for a warrant of entry authorising an authorised officer under the Roads Act 1993 to enter and inspect the land for the purposes of this Act. | 3 positions | Roads Act 1993
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| Delegation | Positions | Legislation |
|---|
Access licence:
Authority to apply to the Minister to increase the entitlement in accordance with section 66. | 3 positions | Water Management Act 2000
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Altering position of conduits:
Authority to serve a notice requiring the alteration of a conduit in accordance with section 299, and make the alteration in accordance with section 299(3). | 3 positions | Water Management Act 2000
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Arrangement with Dams Safety NSW:
Authority on behalf of Council to enter into an arrangement with Dams Safety NSW. | 2 positions | Dams Safety Act 2015
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Break up roads:
Authority to give notice to persons and open and break a public road etc in accordance with section 298. | 3 positions | Water Management Act 2000
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Certificates of compliance:
Authority to impose certain requirements before granting a certificate of compliance in accordance with section 306 and grant, or refuse to grant, a certificate of compliance under section 307. | 3 positions | Water Management Act 2000
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Compensation for interference:
Authority to seek compensation for interference or damage to property in accordance with section 319. | 3 positions | Water Management Act 2000
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Connections to council's sewerage system:
Authority to carry out works and provide connections and impose a charge sufficient to meet the cost of the work or materials, in accordance with cl.146. | 3 positions | Local Government (General) Regulation 2021
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Connections:
Authority to publish a notice of the availability of a water main or sewer main, make a connection at the expense of a landowner and recover any amount due for the connection in accordance with section 309 of the WM Act. | 3 positions | Water Management Act 2000
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Crown land in special areas:
Authority to give approval in writing for the purposes of section 303 of the WM Act. | 3 positions | Water Management Act 2000
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Cutting off or restricting water supply:
Authority to cut off or restrict the supply of water to premises and refuse to supply water to premises in accordance with cl.144(1) and (3) | 6 positions | Local Government (General) Regulation 2021
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Developer contributions for water management works:
Authority to serve a notice on an applicant requiring the applicant to pay a contribution towards the cost of water management works and/or construct water management works in accordance with s306 Water Management Act 2000. Authority to be satisfied that a requirement has been complied with and to grant or refuse a certificate of compliance for development in accordance with 307 Water Management Act 2000. | 3 positions | Local Government Act 1993
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Entry on land:
Authority to authorise a person to enter land and do the things referred to in sections 296 and 297 in accordance with those sections. | 3 positions | Water Management Act 2000
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Exercise of certain function in special areas:
Authority to make representations for the purposes of section 304 of the WM Act. | 3 positions | Water Management Act 2000
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Finding source of pollution of water supply:
Authority to give notice to a person, and try to find the source of pollution, and recover expenses, in accordance with section 301. | 3 positions | Water Management Act 2000
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Fire hydrants:
Authority to exercise and/or perform the Council's functions in relation to fire hydrants. | 3 positions | Local Government (General) Regulation 2021
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Fluoridation of public water supplies:
Authority to carry out the council's functions under the Fluoridation of Public Water Supplies Act 1957 and Fluoridation of Public Water Supplies Regulation 2022 including authority to apply to the Secretary of the Department of Health for approval to add fluorine to any public water supply under Councils control and to allow a qualified operator to add fluorine to such water supply in accordance with such approval or direction, the Act and Regulation. | 3 positions | Fluoridation of Public Water Supplies Act 1957
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Hire of meters:
Authority to enter into an agreement for the hire of a water meter from the Council. | 3 positions | Local Government (General) Regulation 2021
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Inspection of pipes:
Authority to inspect pipes and drains and measurement of water and sewage in accordance with cl. 143. | 5 positions | Local Government (General) Regulation 2021
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Laying of house service pipes:
Authority to authorise the laying of a house service pipe at a depth less than that required by the Plumbing Code of Australia. | 3 positions | Local Government (General) Regulation 2021
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New sewer or stormwater drain to be constructed if less costly:
Authority to hold the belief in relation to the cost of existing sewers or stormwater drains and construct a new sewer or stormwater drain, and serve an order on the owners or occupiers of premises concerned, in accordance with cl.145. | 3 positions | Local Government (General) Regulation 2021
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Obstruction of works:
Authority to apply for and obtain an injunction in accordance with section 300. | 3 positions | Water Management Act 2000
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Ownership of water supply, sewerage and stormwater drainage works:
Authority to operate, repair, replace, maintain, remove, extend, expand, connect, disconnect, improve or do any other things that are necessary or appropriate to any of its works to ensure that, in the opinion of the person delegated this authority, the works are used in an efficient manner for the purposes for which the works were installed. | 3 positions | Local Government Act 1993
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Premises to be connected to water supply:
Authority to exercise and/or perform the Council's functions in relation to the connection of premises to water supply by an independent house service pipe. | 3 positions | Local Government (General) Regulation 2021
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Recovery of rates, charges etc by charging authority:
Authority to exercise and/or perform all of the council's delegable functions as a charging authority under the Water Management Act 2000 and the Water Management (General) Regulation 2011. | 3 positions | Water Management Act 2000
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Security of water meters:
Authority to require the owner of premises to protect a water meter, approve a lock and key, and require the key to be deposited with the Council. | 3 positions | Local Government (General) Regulation 2021
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Service charges, fees and other charges:
Authority to exercise any function under Chapter 6, Part 2, Division 6, except for imposing fees under s310(2). | 3 positions | Water Management Act 2000
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Submissions re electricity works:
Authority to make submissions to the network operator in relation to the erection, installation, extension, alteration, maintenance and removal of electricity works. | 4 positions | Electricity Supply Act 1995
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Testing of meters:
Authority to arrange for a water meter to be examined and tested, require an owner to rectify or replace a meter found to be defective and enter into a special contract to regulate the supply of water while a meter is being rectified or replaced. | 3 positions | Local Government (General) Regulation 2021
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Water meter for one premises:
Authority to permit a meter to measure water supplied to a premises and another premises. | 3 positions | Local Government (General) Regulation 2021
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Water supply may be restricted:
Authority to form an opinion that the available stored water or capacity of a water supply system is insufficient and publish a notice in accordance with s.137 | 2 positions | Local Government (General) Regulation 2021
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