Delegation | Positions | Legislation |
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A1 Act as an authorised person within the meaning of the Environmental Planning & Assessment Act 1979. | 79 positions | Environmental Planning & Assessment Act 1979
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A10 Act as an authorised officer within the meaning of the Food Act 2003. | 9 positions | Food Act 2003
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A11 Act as an authorised officer within the meaning of the Public Spaces (Unattended Property) Act 2021. | 9 positions | Public Spaces (Unattended Property) Act 2021
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A13 Act as an authorised officer within the meaning of the Public Health Act 2010. | 17 positions | Public Health Act 2010
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A14 Act as an authorised officer within the meaning of the Roads Act 1993. | 67 positions | Roads Act 1993
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A15 Act as an authorised person within the meaning of section 131(6) of the Rural Fires Act 1997 and Schedule 2 of the Rural Fires Regulation 2022. | 13 positions | Rural Fires Regulation 2022 Rural Fires Act 1997
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A16 Act as an authorised officer within the meaning of section 27 of the Swimming Pools Act 1992. | 18 positions | Swimming Pools Act 1992
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A17 Act as an authorised officer within the meaning of the Road Transport Act 2013. | 51 positions | Road Transport Act 2013
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A18 Act as an authorised person within the meaning of clause 65 of the Poisons and Therapeutic Goods Regulation 2008. | 5 positions | Poisons and Therapeutic Goods Regulation 2008
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A19
Exercise the functions given to the Chief Executive Officer under Instrument of Delegation under section 21 of the Plumbing and Drainage Act 2011, subject to the conditions set out in that Instrument of Delegation, as approved by Council on 5 February 2013 and set out below.
Function
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Conditions
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To monitor compliance with the Plumbing and Drainage Act 2011 s 19(a)
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This function is to be exercised in accordance with the requirements of the Plumbing and Drainage Act 2011, Plumbing and Drainage Regulation 2012 (Plumbing and Drainage Regulation) and guidelines (if any) issued by the regulator.
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To ensure that any plumbing and drainage work carried out does not threaten public health of safety (s 19(b)).
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This function is to be exercised in accordance with the requirements of the Plumbing and Drainage Act 2011 and Plumbing and Drainage Regulation and guidelines (if any) issued by the regulator.
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To undertake any other functions conferred or imposed on the plumbing regulator Plumbing and Drainage Act 2011 (s 19(c)) other than:
· Receiving notices of work and other documentation required to be submitted to the plumbing regulator concerning proposed alternative solutions (s 9(3)) of the Plumbing and Drainage Act 2011 and clause 10 of the Plumbing and Drainage Regulation,
· Authorising fittings for use in plumbing and drainage work (s20), and
· Initiating criminal or other proceedings as provided for in Part 5 of the Plumbing and Drainage Act 2011.
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The exercise of any function by the council as a delegate of the plumbing regulator under the Plumbing and Drainage Act 2011 is to be in accordance with the requirements of the Plumbing and Drainage Act 2011, Plumbing and Drainage Regulation and guidelines (if any) issued by the regulator.
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| 18 positions | Plumbing and Drainage Act 2011
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A2 Exercise authority to enter any premises pursuant to Division 9.2 Subdivision 2 of the Environmental Planning & Assessment Act 1979 and sections 191 & 191A of the Local Government Act 1993, sections 27A and 27B of the Swimming Pools Act 1992, section 37 of the Food Act 2003, sections 196 and 187 of the Protection of the Environment Operations Act 1997, section 108 of the Public Health Act 2010, section 98 of the Biosecurity Act 2015, section 20 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020, section 230 of the Community Land Management Act 2021, section 268 of the Strata Schemes Management Act 2015, sections 69A and 69B of the Companion Animals Act 1998 and section 26 of the Plumbing and Drainage Act 2011. | 119 positions | Environmental Planning & Assessment Act 1979 Local Government Act 1993 Swimming Pools Act 1992 Food Act 2003 Protection of the Environment Operations Act 1997 Public Health Act 2010 Biosecurity Act 2015 Companion Animals Act 1998 Plumbing and Drainage Act 2011 Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 Community Land Development Act 2021 Strata Schemes Development Act 2015
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A20 Act as an authorised officer under the Plumbing and Drainage Act 2011. | 13 positions | Plumbing and Drainage Act 2011
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A21 Act as an authorised officer within the meaning of the Boarding Houses Act 2012. | 14 positions | Boarding Houses Act 2012
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A22 - Native Title Management Carry out the functions of a native title manager under the Crown Land Management Act 2016 (NSW) Part 8. | 2 positions | Crown Lands Management Act 2016
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A23 - Delegation of Functions under Code of Conduct Procedures Carry out the functions of the Chief Executive Officer under Part 5 of the Procedures for the Administration of the Code of Conduct. | 0 positions | |
A25 - Disclosure Officers Carry out the functions of a Disclosure Officer under the Public Interest Disclosures Act 2022, in accordance with any Council policy on Public Interest Disclosures. | 0 positions | Public Interest Disclosures Act 2022
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A3 Act as an authorised person within the meaning of the Local Government Act 1993. | 99 positions | Local Government Act 1993
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A4 Exercise authority to lay information in respect of any proceedings for an offence pursuant to section 684 of the Local Government Act 1993. | 23 positions | Local Government Act 1993
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A5
Pursuant to section 687 of the Local Government Act 1993:
(a) Exercise authority to represent Council as though it is the party concerned in Local Court proceedings; and
(b) institute and carry on any Local Court proceedings which Council is authorised to institute and carry on. | 29 positions | Local Government Act 1993
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A6 Approval to submit Section 88 Environment and Waste Returns under the Protection of the Environment Operations Act 1997. | 7 positions | Protection of the Environment Operations Act 1997
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A7 Act as an authorised officer within the meaning of the Companion Animals Act 1998. | 10 positions | Companion Animals Act 1998
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A8 Act as an authorised officer within the meaning of the Protection of the Environment Operations Act 1997. | 46 positions | Protection of the Environment Operations Act 1997
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A9 Act as an enforcement officer within the meaning of the Protection of the Environment Operations Act 1997. | 26 positions | Protection of the Environment Operations Act 1997
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Delegation | Positions | Legislation |
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CEO - 1A - Specific Limitations The Chief Executive Officer may not delegate any of the functions set out in Schedule 1 to this Instrument of Delegation. | 1 position | |
CEO - 1B - Specific Limitations All functions delegated to the Chief Executive Officer must be exercised in accordance with the applicable statutory requirements, as well as any resolution or policy adopted by the Council from time to time. | 1 position | |
CEO - 1C - Specific Limitations The Chief Executive Officer shall not authorise works that have not been listed or had funds allocated in the Council’s adopted budget unless, in the Chief Executive Officer’s opinion, the expenditure is necessary to respond to an emergency, community safety issue or potential public liability issue. Any such expenditure must be reported to the next Ordinary Meeting of the Council. | 1 position | |
CEO - 1D - Specific Limitations
The Chief Executive Officer does not have authority to determine development applications, applications to modify a development consent, applications for determinations and decisions subject to review and applications for a complying development certificate in the following circumstances:
(i) where a submission by way of an objection to the application has been submitted to Council during the public notification period, unless in the Chief Executive Officer's opinion, the objection:
(A) is unreasonable; or
(B) can be satisfied by the imposition of a condition of consent,
(ii) the development involves designated development as defined in the Environmental Planning and Assessment Act 1979,
(iii) the development does not comply with any adopted Council policy (including a development control plan) unless, in the Chief Executive Officer's opinion compliance with the policy is unreasonable and unnecessary in the circumstances,
(iv) the development does not comply with a development standard unless in the case of a non-compliance with a development standard:
(A) in the case of Shellharbour Local Environmental Plan 2013 the Chief Executive Officer is satisfied of the matters prescribed by clause 4.6(4)(a) and the concurrence of the Planning Secretary has been obtained.
(B) in the case of Shellharbour Rural Local Environmental Plan 2004, the Chief Executive Officer is satisfied of the matters prescribed under clause 64A(4)(a) and the concurrence of the Planning Secretary has been obtained.
(C) in the case of Shellharbour Local Environmental Plan 2000 the Chief Executive Officer is satisfied of the matters prescribed by clause 90(4)(a) and the concurrence of the Planning Secretary has been obtained.
(D) in the case of State Environmental Planning Policy (Precincts - Regional) 2021 at Appendix 5, the delegate is satisfied of the matters prescribed by clause 23 and the concurrence of the Planning Secretary has been obtained.
(vii) the development has an estimated value exceeding $20million.
| 1 position | Environmental Planning and Assessment Act 1979 Shellharbour Local Environmental Plan 2013 State Environmental Planning Policy No. 1
|
CEO - 1E - Specific Limitations
The Chief Executive Officer does not have the authority to accept tenders over the value of $500,000 (exclusive of GST). | 1 position | |
CEO - 2 - Write-off of sundry debts
The Council fixes the amount of $5,000 as the amount above which sundry debts owed to the Council may be written off only by resolution of the Council, pursuant to clauses 131(1), 131(2) and 213(2) of the Local Government (General) Regulation 2005 (NSW). | 1 position | Local Government Act 1993 Local Government (General) Regulation 2021
|
CEO - 3 - Shell Cove Project
Council delegates to the Chief Executive Officer authority with respect to the Shell Cove Project (Project) to:
(i) Negotiate amendments to the Management Agreement with Australand Corporation (NSW) Pty Limited (Australand);
(ii) Facilitate the acquisition of Harbour Land as defined by the Management Agreement and agreed to by Council resolution;
(iii) Manage all financial aspects of the Project under the Management Agreement;
(iv) Appoint and remove Council's members of the Shell Cove Management Committee;
(v) Resolve disputes between the Council and Australand with respect to the Project in accordance the Management Agreement; and
(vi) Instruct Council's Shell Cove Management Committee members,
subject only to the limitations set out in Schedule 1 to this Instrument of Delegation.
Definitions
In this Instrument:
Authorisations means all authorisations, leases, licences, permits, approvals and consents of Council which are necessary or desirable to enable the carrying out of the Project.
Management Agreement means the development agreement known as the Management Agreement between Council and Australand (as amended).
For the avoidance of doubt, this clause overrides the limitations and exclusions set out in clause 1(d) of this Instrument of Delegation. | 1 position | |
CEO - 4 - Calderwood Urban Development Project
Council delegates to the Chief Executive Officer:
(i) All the functions of the Council under the EPA Act relating to the Calderwood Urban Development Project; and
(ii) Other functions of the Council in respect of the Calderwood Urban Development Project, including but not limited to the issuing of approvals and orders under the Local Government Act 1993 and Roads Act 1993,
subject only to the restrictions set out in Schedule 1 to this Instrument of Delegation.
For the avoidance of doubt, this clause overrides the limitations and exclusions set out in clause 1(d) of this instrument of delegation.
Definitions
In this instrument:
Calderwood Urban Development Project means the development the subject of the concept plan approval granted by the Minister to Major Project Application No. 09_0082 on December 2010.
Function means a function of the Council within the meaning of the Local Government Act 1993 that is capable of being lawfully delegated by the Council to the Chief Executive Officer under s 377 of the Local Government Act 1993.
EPA Act means the Environmental Planning and Assessment Act 1979.
Chief Executive Officer means the person appointed by the Council pursuant to s334 of the Local Government Act 1993 to the position of general manager, and a person appointed by the Council pursuant to s336 of the Local Government Act 1993 to act in the vacant position of general manager.
Minister means the Minister for the time being administering the Environmental Planning and Assessment Act 1979. | 1 position | Local Government Act 1993 Environmental Planning and Assessment Act 1979
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CEO - 5 - Leases and Licences
Without limiting the delegations given to the Chief Executive Officer under any other Resolution of Council, Council delegates to the Chief Executive Officer the function of negotiating, signing and executing the following leases and licences:
(a) Residential Leases for a term not exceeding 12 months,
(b) Leases and Licences -
a. with a maximum rental or fee not exceeding $200,000 (exclusive of GST) for the term and a term not exceeding 5 years (including any period for which the lease or licence could be renewed by the exercise of an option) over community land,
b. with a maximum rental or fee not exceeding $200,000 (exclusive of GST) for the term and a term not exceeding 10 years (including any period for which the lease or licence could be renewed by the exercise of an option) over operational land,
(c) Leases and Licences of air space above or land below the surface of any public road for which Council is the roads authority for a term not exceeding 5 years,
(d) Leases under Part 10, Division 2 of the Roads Act 1993 (NSW),
(e) Short term licences under section 2.20 of the Crown Land Management Act 2016 (NSW).
All new leases and licences are to be reported to Council for information. | 1 position | |
CEO - 6 - Liquor Licensee Carry out the functions of a licensee under the Liquor Act 2007 with respect to the Shell Cove Tavern (The Tavern at The Links Shell Cove), at Golf Drive, Shell Cove, in accordance with the conditions of the Hotel Liquor Licence. | 1 position | |
CEO - 7 - Giving Effect to Delegated Powers
Subject only to the specific restrictions and limitations set out in this or any other Resolution of Council, Council delegates to the Chief Executive Officer the authority to do all things reasonable and necessary to carry out the delegated functions, including but not limited to:
(a) The development and implementation of strategies, policies, plans, budgets, programs and the like;
(b) Making applications, written proposals, representations or submissions on behalf of the Council;
(c) Negotiating and signing contracts, agreements and other legally binding documents on behalf of the Council; and
(d) Taking such compliance or regulatory action on behalf of the Council as the Chief Executive Officer deems necessary. | 1 position | |
CEO - 8 - Disclosure Officer In accordance with Council's Internal reporting (Public Interest Disclosure) Policy, the Chief Executive Officer is identified as a Disclosure Officer within the meaning of the Public Interest Disclosures Act 2022. | 1 position | |
CEO - 9 - Delegation under an Act or Instrument
Council delegates to the Chief Executive Officer any function that is delegated to Council by a government agency under any Act or instrument, subject to the terms and conditions of the instrument of delegation. Where permitted by the instrument of delegation, the Chief Executive Officer may sub-delegate the function to a Council employee in accordance with the terms and conditions of the relevant instrument of delegation.
In this instrument:
Government agency includes a Minister of the Crown, a statutory body representing the Crown , or the delegate or other authorised representative of such a Minister or body. | 1 position | |
CEO - A25 - Authorise Road Names Council give delegation to the Chief Executive Officer to approve and authorise Road Names which comply with the adopted Policy as amended from time to time. | 1 position | |
CEO - Chief Executive Officer's Delegations, Sub-Delegations and Authorisations
Section 378 of the Local Government Act empowers the Chief Executive Officer to delegate any functions of the Chief Executive Officer and sub-delegate the functions of Council which Council has delegated to the Chief Executive Officer, to any person or body (including another employee of Council).
In accordance with Section 378 of the Local Government Act 1993, Chief Executive Officer* of the Council of the City of Shellharbour hereby:
1. Delegate and sub-delegate (as the case my be) the functions identified in the attached Register of Delegations to the corresponding Council employment positions specified in the third column marked "Position";
2. Authorise and appoint (as the case may be) the Council employment positions to the corresponding appointment and authorisation identified in the attached Register of Delegations in the third column marked "Position"; and
3. Revoke all previous delegations, sub-delegations, appointments and authorisations made by the Chief Executive Officer of the Council of the City of Shellharbour.
Any variation to the attached Register of Delegations may only be authorised by the Chief Executive Officer and only takes effect when the Chief Executive Officer signs the revised Register of Delegations.
Where a position title is referred to in the Register of Delegations and the position title changes during the applicable period of the Register, then any reference to the former position title shall be read as a reference to the new position title.
(* The Chief Executive Officer is Council's title for its general manager, appointed in accordance with s.334 of the Local Government Act 1993. Council resolved to change the position title to Chief Executive Officer at its meeting on 1 September 2020 - Resolution No 161) | 1 position | Local Government Act 1993
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Delegation | Positions | Legislation |
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C1 Act as an appropriate person, within the meaning of clause 164 of the Local Government (General) Regulation 2021, to receive and register tenders submitted to Council. | 6 positions | Local Government (General) Regulation 2021
|
C2 - $100,000
Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
(a) the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;
(b) expenditure must be in accordance with expenditure limits approved by the Council;
(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$100,000 | 9 positions | Local Government (General) Regulation 2021 Local Government Act 1993
|
C2(a) - $75,000
Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
(a) the expenditure must relate to the position holder's area of responsibility and in accordance with the Local Government Act 1993;
(b) expenditure must be in accordance with expenditure limits approved by the Council;
(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$75,000 | 5 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C2(b) - $50,000
Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
(a) the expenditure must relate to the position holder's area of responsibility and in accordance with the Local Government Act 1993;
(b) expenditure must be in accordance with expenditure limits approved by the Council;
(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$50,000 | 13 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C2(c) - $40,000
Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
(a) the expenditure must relate to the position holder's area of responsibility and in accordance with the Local Government Act 1993;
(b) expenditure must be in accordance with expenditure limits approved by the Council;
(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$40,000 | 3 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C2(d) - $30,000
Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
(a) the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;
(b) expenditure must be in accordance with expenditure limits approved by the Council;
(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$30,000 | 1 position | Local Government Act 1993 Local Government (General) Regulation 2021
|
C2(e) - $25,000
Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
(a) the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;
(b) expenditure must be in accordance with expenditure limits approved by the Council;
(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$25,000 | 4 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C2(f) - $20,000
Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
(a) the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;
(b) expenditure must be in accordance with expenditure limits approved by the Council;
(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$20,000 | 28 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C2(g) - $15,000
Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
(a) the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;
(b) expenditure must be in accordance with expenditure limits approved by the Council;
(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$15,000 | 6 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C2(h) - $10,000
Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
(a) the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;
(b) expenditure must be in accordance with expenditure limits approved by the Council;
(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$10,000 | 20 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C2(i) - $5,000
Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
(a) the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;
(b) expenditure must be in accordance with expenditure limits approved by the Council;
(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$5,000 | 38 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C2(j) - $2,000
Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
(a) the expenditure must relate to the position holder's area of responsibility and in accordance with the Local Government Act 1993;
(b) expenditure must be in accordance with expenditure limits approved by the Council;
(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$2,000 | 7 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C2(k) - $1,000
Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
(a) the expenditure must relate to the position holder's area of responsibility and in accordance with the Local Government Act 1993;
(b) expenditure must be in accordance with expenditure limits approved by the Council;
(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$1,000 | 33 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C3 - $250,000
Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount of $250,000 (including GST) subject to the following limitations:
(a) the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;
(b) expenditure must be in accordance with expenditure limits approved by the Council;
(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$250,000 | 5 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C4 Call Tenders on behalf of the Council, for works up to the value of $250,000 and in accordance with the provisions of section 55 of the Local Government Act 1993 and the Tender provisions of Part 7 of the Local Government (General) Regulation 2021. | 23 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C5 Call Tenders on behalf of the Council, for works exceeding $250,000 and in accordance with the provisions of section 55 of the Local Government Act 1993 and the Tender provisions of Part 7 of the Local Government (General) Regulation 2021. | 22 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
Delegation | Positions | Legislation |
---|
G10 Approval of staff timesheets, overtime and all forms of staff leave, excluding Leave Without Pay. | 77 positions | |
G10(a) Approval of staff timesheets and all forms of staff leave, excluding Leave Without Pay. | 45 positions | |
G11 Approval of staff Time Sheets. | 17 positions | |
G12 Approval of staff Leave Without Pay up to and including five days. | 23 positions | |
G13 Approval of staff Leave Without Pay greater than five days but less than 20 consecutive working days. | 5 positions | |
G14 Accept resignations from staff within the position holder’s area of responsibility. | 5 positions | |
G15 Make recommendations to the Chief Executive Officer with respect to the dismissal of employees within the position holder’s area of responsibility. | 6 positions | |
G16 Make recommendations to the Executive Director of the position holder's area of responsibility about the employment and dismissal of employees within the position holder’s area of responsibility. | 19 positions | |
G17 Make recommendations to the Chief Executive Officer about the suspension of employees within the position holder's area of responsibility. | 10 positions | |
G18 Determine whether matters are to be included in business papers of the Council. | 6 positions | |
G19 Issue media releases and participate in media interviews in respect of matters within the position holder’s area of responsibility. | 2 positions | |
G19(a) Participate in media interviews in respect of Council matters or on behalf of the Council. | 5 positions | |
G20 Participate in media interviews in respect of matters within the position holder’s area of responsibility with approval of the Executive Director of the position holder's area of responsibility. | 16 positions | |
G21 Approve staff to participate in media interviews in respect of matters within the position holder's area of responsibility with approval of the Executive Director of the position holder's area of responsibility. | 16 positions | |
G7
Sign standard correspondence/documents in relation to the day to day operations of the position holder’s position with the exception of:
- correspondence to any Federal or State Minister, Member of Parliament or Heads of State;
- correspondence to Mayors, Chief Executive Officers or General Managers of other Councils;
- correspondence to Independent Commission Against Corruption (ICAC) or the Ombudsman;
- correspondence to Councillors;
- letters of appointment for new employees;
- letters to employees regarding disciplinary matters and grievances;
- letters of complaint about staff or service. | 274 positions | |
G7(a)
Sign standard correspondence/documents in relation to the day to day operations of the position holder’s position with the exception of:
- correspondence to ICAC or the Ombudsman;
- letters of appointment for new employees from Executive Manager level and above and package holders. | 5 positions | |
G7(b)
Sign standard correspondence/documents in relation to the day to day operations of the position holder’s position with the exception of:
- correspondence to any Federal or State Minister, Member of Parliament or Heads of State;
- letters of appointment for new employees;
- correspondence to Mayors, Chief Executive Officers or General Managers of other Councils;
- letters to employees regarding disciplinary matters and grievances. | 2 positions | |
G7(c)
Sign standard correspondence/documents in relation to the day to day operations of the position holder’s position with the exception of:
- correspondence to any Federal or State Minister, Member of Parliament or Heads of State;
- correspondence to Mayors, Chief Executive Officers or General Managers of other Councils;
- correspondence to ICAC or the Ombudsman;
- letters of appointment for new employees;
- letters to employees regarding disciplinary matters and grievances;
- letters of complaint about staff or service. | 19 positions | |
G7(d)
Sign standard correspondence/documents in relation to the day to day operations of the position holder’s position with the exception of:
- correspondence to any Federal or State Minister, Member of Parliament or Heads of State;
- correspondence to Mayors, Chief Executive Officers or General Managers of other Councils;
- correspondence to ICAC or the Ombudsman. | 1 position | |
G7(e)
Sign standard correspondence/documents in relation to the day to day operations of the position holder’s position with the exception of:
- correspondence to any Federal or State Minister, Member of Parliament or Heads of State;
- correspondence to Mayors, Chief Executive Officers or General Managers of other Councils;
- correspondence to ICAC or the Ombudsman;
- correspondence to Councillors;
- letters of appointment for new employees;
- letters to employees regarding disciplinary matters and grievances. | 0 positions | |
G8 Authorise employment of Council staff within the position holder's area of responsibility. | 5 positions | |
G9 Approve staff attendance at training seminars and conferences, in accordance with the Staff Training Program and within the approved budget. | 26 positions | |
Delegation | Positions | Legislation |
---|
G22 Determine requests for the refund of fees, bonds and deposits paid for the use of Council facilities and in respect of other applications pursuant to the Local Government Act 1993, within the position holder's area of responsibility. | 34 positions | Local Government Act 1993
|
G23 Determine applications for a licence to use and occupy Council land (including public reserves, beaches, sports fields and public roads) on a short term, casual basis in accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2021. | 22 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
G23(a) Execute instruments creating covenants, easements or restrictions affecting land (including any release, variation or modification of same) | 1 position | |
G23(b) Sign applications on behalf of Council as applicant and/or owner for development previously approved by Council to be undertaken by Council or on Council’s land. | 1 position | |
G23(c) Determine and sign applications for, and acceptances of government grants on behalf of Council. | 1 position | |
G23(d) Determine and sign applications for, and acceptances of government grants on behalf of Council up to $2,000. | 6 positions | |
G23(e) Exercise the authority to release, vary or modify covenants, easements or restrictions affecting land under Part 6, Division 4 of the Conveyancing Act 1919 where the delegate has considered that such changes, on balance, to not impact on the proper functioning of the subdivision or the intent of that covenant, easement or restriction. | 6 positions | Conveyancing Act 1919
|
G23(f) Determine and sign applications for, and acceptances of government grants on behalf of Council up to $25,000. | 5 positions | |
G24 Authority to make recommendations to the Chief Executive Officer to terminate any lease or rental agreement on any Council owned property where the terms of the lease have been breached and accounts fall into arrears. | 4 positions | |
Delegation | Positions | Legislation |
---|
P1 Reject a development application pursuant to clause 39 of the Environmental Planning & Assessment Regulation 2021. | 4 positions | Environmental Planning & Assessment Regulation 2021
|
P10 Exercise the Council’s functions under the Strata Schemes Development Act 2015 including determining an application for the issue of a strata certificate and signing of plans. | 6 positions | Strata Schemes Development Act 2015
|
P11 Issue planning certificates pursuant to section 10.7 of the Environmental Planning and Assessment Act 1979 and clause 290 of the Environmental Planning and Assessment Regulation 2021, including determining the content of certificates issued under 10.7(5) of the Environmental Planning and Assessment Act 1979. | 6 positions | Environmental Planning and Assessment Act 1979 Environmental Planning & Assessment Regulation 2021
|
P12 Determine an application for a building information certificate pursuant to sections 6.22 to 6.26 of the Environmental Planning and Assessment Act 1979. | 2 positions | Environmental Planning and Assessment Act 1979
|
P13 Determine applications for a certificate of compliance and for an exemption from the barrier requirements under the Swimming Pools Act 1992. | 2 positions | Swimming Pools Act 1992
|
P14 Exercise the Council’s functions under the Heritage Act 1977, including the making of an interim heritage order where the Minister has authorised Council to make such an order, and the revocation of that order. | 2 positions | Heritage Act 1977
|
P15 Determine an application for approval of an activity specified in the Table set out in section 68 of the Local Government Act 1993 (“Section 68 Activity”). | 2 positions | Local Government Act 1993
|
P16 Determine an application to amend, extend or renew an approval of a Section 68 Activity, pursuant to sections 106 and 107 of the Local Government Act 1993. | 19 positions | Local Government Act 1993
|
P17 Authorise the giving of a refund of fees paid by an applicant for an application for a Section 68 Activity which is withdrawn, pursuant to section 88(3) of the Local Government Act 1993. | 12 positions | Local Government Act 1993
|
P18 Reject unclear or illegible applications for approval, pursuant to section 85 of the Local Government Act 1993. | 19 positions | Local Government Act 1993
|
P19 Exercise the Council’s functions and duties under Part 5 of the Environmental Planning and Assessment Act 1979. | 9 positions | Environmental Planning & Assessment Act 1979
|
P2 Authorise the giving of a refund in respect of fees paid by an applicant for a development application, construction certificate or section 4.55 modification. | 12 positions | |
P20 Extend or renew approvals in accordance with section 107 of the Local Government Act 1993. | 17 positions | Local Government Act 1993
|
P21 Revoke or modify approvals in accordance with section 108 of the Local Government Act 1993. | 3 positions | Local Government Act 1993
|
P22 Issue a certificate as to outstanding orders or notices under Schedule 5 Environmental Planning and Assessment Act 1979 and section 735A Local Government Act 1993. | 2 positions | Environmental Planning and Assessment Act 1979 Local Government Act 1993
|
P23 Reach agreement or give consent to the disposing of a Class 1 Appeal, on behalf of the Council, during a conciliation conference pursuant to sections 34(3) and 34(4)(b) of the Land and Environment Court Act 1979, except where the development application or section 96 application has been refused by Council resolution. | 3 positions | Land and Environment Court Act 1979
|
P24 Exercise the Council's functions under the Liquor Act 2007. | 4 positions | Liquor Act 2007
|
P25 Issue a certificate stating the classification of public land pursuant to section 54 of the Local Government Act 1993. | 2 positions | Local Government Act 1993
|
P26 Exercise any functions of the Council as consent authority under the Community Land Development Act 2021 and associated Regulation including Council’s functions with respect to section 26 relating to development contracts. | 2 positions | Community Land Development Act 2021
|
P27 Determine a request to review a determination pursuant to Sections 8.2, 8.3, 8.4, 8.5, of the Environmental Planning and Assessment Act 1979 where the position holder’s delegation would have authorised them to determine the development application that has resulted in the review. | 2 positions | Environmental Planning and Assessment Act 1979
|
P28 Determine an application to review a determination of a modification pursuant to section 8.9 of the Environmental Planning and Assessment Act 1979 where that modification has been refused or conditions have been imposed and where the position holder’s delegation would have authorised them to determine the application for a modification of consent that has resulted in the review. | 2 positions | Environmental Planning and Assessment Act 1979
|
P3
Determine development applications, applications to modify a development consent and applications for a complying development certificate except in the following circumstances:
(i) where a submission by way of an objection to the application has been submitted to Council during the public notification period, unless in the Chief Executive Officer’s opinion, the objection: (A) is unreasonable; or
(ii) the development involves designated development as defined in the Environmental Planning and Assessment Act 1979,
(iii) the development involves the erection of, or alteration to, residential flat buildings containing more than 20 dwellings,
(iv) the development does not comply with any adopted Council policy (including a development control plan) unless, in the Chief Executive Officer’s opinion compliance with the policy is unreasonable and unnecessary in the circumstances,
(v) the development does not comply with a development standard unless in the case of a non-compliance with a development standard in the Shellharbour Local Environmental Plan 2013 the Chief Executive Officer is satisfied of the matters prescribed by clause 4.6(4)(a) and the concurrence of the Director-General has been obtained and is less than 10% as a numerical variation of a development standard;
(vi) the development involves the subdivision of land into more than 100 lots, or
(vii) the development has an estimated value exceeding $5 million.
(viii) developments defined as Regionally Significant Development as described in Schedule 7 of State Environmental Planning Policy (State and Regional Development) 2011. | 16 positions | Environmental Planning & Assessment Act 1979 State Environmental Planning Policy No. 1 Shellharbour Local Environmental Plan 2013
|
P3(a)
Determine development applications, applications to modify a development consent and applications for a complying development certificate except in the following circumstances:
(i) where a submission by way of an objection to the application has been submitted to Council during the public notification period, unless in the Chief Executive Officer’s opinion, the objection:
(A) is unreasonable; or
(B) can be satisfied by the imposition of a condition of consent,
(ii) the development involves designated development as defined in the Environmental Planning and Assessment Act 1979,
(iii) the development involves the erection of, or alteration to, residential flat buildings containing more than 20 dwellings,
(iv) the development does not comply with any adopted Council policy (including a development control plan) unless, in the Chief Executive Officer’s opinion compliance with the policy is unreasonable and unnecessary in the circumstances,
(v) the development does not comply with a development standard unless in the case of non-compliance with a development standard in the Shellharbour Local Environmental Plan 2013 the Chief Executive Officer is satisfied of the matters prescribed by clause 4.6(4)(a) and the concurrence of the Director-General has been obtained and is less than 10% as a numerical variation of a development standard;
(vi) the development involves the subdivision of land into more than 100 lots, or
(vii) the development has an estimated value exceeding $20 million.
(viii) developments defined as Regionally Significant Development as described in Schedule 7 of State Environmental Planning Policy (State and Regional Development) 2011. | 3 positions | State Environmental Planning Policy (Planning Systems) 2021 Shellharbour Local Environmental Plan 2013
|
P30 The Chief Executive Officer sub-delegates to the person holding, or duly acting in this position, within the organisation structure of the Council from time to time all of the Functions of the Council under the Environmental Planning and Assessment Act 1979 relating to the Calderwood Urban Development Project which have been delegated to me by the Council and which are capable of being lawfully sub-delegated by me. | 5 positions | |
P4
Determine an application which varies from a development standard contained in an Environmental Planning Instrument where the variation is:
(a) supported by a written request;
(b) compliance with the standard is unreasonable or unnecessary in the circumstances of the case;
(c) there are sufficient planning grounds to justify the contravention to the development standard;
(d) the contravention does not undermine the intention of the standard (objectives); and
(e) the proposed development will be in the public interest and is not contrary to the objectives of the zone. | 15 positions | |
P5 Determine an application to modify a development consent pursuant to section 4.55 of the Environmental Planning and Assessment Act 1979 where the position holder’s delegation would have authorised them to determine the development application that resulted in the development consent which is the subject of the section 4.55 application. | 18 positions | Environmental Planning and Assessment Act 1979
|
P5(a)
Determine applications pursuant to the following provisions of the Environmental Planning and Assessment Act 1979:
(a) Section 4.55(1) – to modify (on application) a development consent to correct minor error, misdescription or miscalculation;
(b) Section 4.55(1A) - to determine applications for modifications of minimal environmental impact;
(c) Section 4.55(2) – to determine applications for other modifications for consents subject to restrictions of the Environmental Planning and Assessment Act 1979, provided that:
(i) the original application was not determined by Council;
(ii) does not conflict with the aims and objectives of Development Control Plans
(iii) objections are not received to the modifications
(d) Section 4.56 – to determine (on application) to modify the development consent if satisfied that the development is substantially the same development as to which consent was granted. | 2 positions | Environmental Planning and Assessment Act 1979
|
P6 Determine an application for a complying development certificate pursuant to section 4.28 of the Environmental Planning and Assessment Act 1979. | 7 positions | Environmental Planning and Assessment Act 1979
|
P7 Determine an application for a construction certificate, compliance certificate, occupation certificate and a Part 6 application under the Environmental Planning and Assessment Act 1979. | 10 positions | Environmental Planning and Assessment Act 1979
|
P8 Represent the Council as Principal Certifying Authority. | 18 positions | |
P9 Exercise the Council’s functions and duties under Part 6 of the Environmental Planning and Assessment Act 1979. | 12 positions | Environmental Planning and Assessment Act 1979
|
Delegation | Positions | Legislation |
---|
G1 Act as the Council’s public officer, pursuant to section 342(1) of the Local Government Act 1993. | 1 position | Local Government Act 1993
|
G1(a) Authority to sign all documentation on behalf of the Council in place of the Chief Executive Officer (including contracts, leases, transfers, deeds of agreement etc) and in accordance with any necessary resolution of the Council having regard to section 377 of the Local Government Act 1993, subject to any limits imposed by section 683 of the Local Government Act 1993. | 1 position | Local Government Act 1993
|
G2 Exercise the Council’s functions under the State Records Act 1998, including the disposal of Council records and the making of open and closed access directions in accordance with that Act and the State Records Regulation 2015. | 9 positions | State Records Regulation 2015 State Records Act 1998
|
G3 Determine and review applications for access to Council’s documents pursuant to the Government Information (Public Access) Act 2009 and in accordance with the Council’s adopted policy entitled “Access to Council Information - Under the Provisions of the Government Information (Public Access) Act 2009”. | 4 positions | Government Information (Public Access) Act 2009
|
G4 Investigate and be responsible for the coordination of the investigation of complaints received under the Council’s Complaints Management Policy. | 3 positions | |
G5 Be responsible for the coordination of the business, meetings and outcomes of meetings of Shellharbour City Council's Audit, Risk and Improvement Committee. | 3 positions | |
G6 Exercise any delegable functions of the Council under the Privacy and Personal Information Protection Act 1998, including determine an application for internal review under section 53 of that Act. | 4 positions | Privacy and Personal Information Protection Act 1998
|
Delegation | Positions | Legislation |
---|
R1 Issue a direction pursuant to section 23 of the Swimming Pools Act 1992. | 12 positions | Swimming Pools Act 1992
|
R10 Direct a landowner affected by a road widening order to carry out work to restore the land under section 26 of the Roads Act 1993. | 11 positions | Roads Act 1993
|
R11 Direct the owner of a private road (other than a classified road) to carry out work to prevent the road from becoming unsafe or unsightly, under section 86(1) of the Roads Act 1993. | 12 positions | Roads Act 1993
|
R12 Exercise Council's enforcement and regulatory functions under Sections 9.13-9.37 and Schedule 5 of the Environmental Planning and Assessment Act 1979 and Part 2 of Chapter 7 of the Local Government Act 1993 concerning the issue of Orders, including authorising the carrying out of work by Council to give effect to the terms of an Order. | 29 positions | Environmental Planning and Assessment Act 1979 Local Government Act 1993
|
R13 Exercise the Council's regulatory functions under the Contaminated Land Management Act 1997 including issuing a notice and entering a payment arrangement under section 35 of that Act. | 5 positions | Contaminated Land Management Act 1997
|
R14 Give instructions to the Council's solicitors to provide legal advice to the Council on any matter concerning the Council within the position holder's area of responsibility. | 40 positions | |
R15 Institute, conduct and defend legal proceedings with respect to Council's activities in all Courts and instruct and engage Council’s solicitors and Counsel where necessary to act on Council’s behalf prior to or during any legal proceedings. | 25 positions | |
R16 Exercise authority to negotiate, finalise and agree to terms of settlement in any proceedings commenced by or against Council in accordance with legal advice provided to Council. | 7 positions | |
R17 Exercise authority to revoke or cancel any Penalty Infringement Notice issued by a Council officer. | 6 positions | |
R18
Issue notices, orders and directions under the:
- Environmental Planning and Assessment Act 1979
- Local Government Act 1993
- Swimming Pools Act 1992
- Protection of the Environment Operations Act 1997
- Public Health Act 2010
- Food Act 2003
- Companion Animals Act 1998
- Road Transport Act 2013 | 35 positions | Environmental Planning and Assessment Act 1979 Local Government Act 1993 Swimming Pools Act 1992 Protection of the Environment Operations Act 1997 Public Health Act 2010 Food Act 2003 Companion Animals Act 1998 Road Transport Act 2013
|
R19 An authorised person appointed as a Council Investigation Officer may serve a penalty notice on anyone who appears to the authorised person to have committed an offence under the Crown Land Management Act 2016 and the Crown Land Management Regulation 2018. | 11 positions | |
R2 Give an owner or occupier of premises written notice of Council's intention to enter premises pursuant to the provisions of the Environmental Planning and Assessment Act 1979, Local Government Act 1993, Swimming Pools Act 1992 and any other legislation by which an authorised officer or person authorised by Council has the power to enter premises and under which prior notice is required. | 61 positions | Environmental Planning and Assessment Act 1979 Local Government Act 1993 Swimming Pools Act 1992 Public Health Act 2010 Companion Animals Act 1998 Plumbing and Drainage Act 2011
|
R20 Exercise authority to enter any premises for the purpose of property maintenance pursuant to an Order issued under the Local Government Act 1993 (sections 191, 193 and 678) | 0 positions | Local Government Act 1993
|
R22
Exercise Council's enforcement and regulatory functions under the Marine Pollution Act 2012 Part 16, including:
a) authorising and carrying out clean up action in respect of a marine pollution incident;
b) issuing a compliance cost notice;
c) exercise authority to enter any premises pursuant to section 214. | 0 positions | Marine Pollution Act 2012
|
R23
Exercise Council's enforcement and regulatory functions under the Pesticides Act 1999 Part 3 including:
a) authorising and carrying out clean up action in respect of pesticide pollution;
b) issuing a compliance cost notice;
c) exercise authority to enter any premises pursuant to section 214. | 0 positions | Pesticides Act 1999
|
R3 Exercise Council's enforcement and regulatory functions under the Companion Animals Act 1998 and Public Spaces (Unattended Property) Act 2021, excluding authorising the sale or destruction of a surrendered or seized animal or return of any unattended property. | 11 positions | Public Spaces (Unattended Property) Act 2021 Companion Animals Act 1998
|
R4 Authorise the sale or destruction of a surrendered or seized animal under the Companion Animals Act 1998 or the return of any unattended property under the Public Spaces (Unattended Property) Act 2021. | 5 positions | Companion Animals Act 1998 Public Spaces (Unattended Property) Act 2021
|
R5
Exercise Council's enforcement and regulatory functions under the Protection of the Environment and Operations Act 1997, including:
(a) issuing a clean up direction;
(b) issuing a prevention notice;
(c) issuing a compliance cost notice;
(d) revoking a smoke abatement notice given by an authorised officer;
(e) issuing a notice requiring the production of information and records; and
(f) issuing, revoking or varying a noise control notice. | 18 positions | Protection of the Environment and Operations Act 1997
|
R6 Exercise Council's functions under the Food Act 2003 in accordance with any limitations and conditions imposed by the Food Authority under section 111B of the Food Act 2003. | 11 positions | Food Act 2003
|
R7 Exercise the Council's functions under Part 3 Division 5 of the Public Health Act 2010, including the issue of an improvement notice or prohibition order. | 8 positions | Public Health Act 2010
|
R8 Give a direction under Part 7 of the Roads Act 1993. | 21 positions | Roads Act 1993
|
R9 Issue (and revoke) an order prohibiting a person from causing a vehicle under the person’s control to pass along a specified local road under section 122 of the Roads Act 1993. | 26 positions | Roads Act 1993
|
Delegation | Positions | Legislation |
---|
W1 Determine applications for a permit to erect a public gate on a Council road pursuant to section 128 of the Roads Act 1993, and revoke any such permits under section 130 of the Roads Act 1993. | 12 positions | Roads Act 1993
|
W10 Grant, revoke, transfer or extend the term of a street vending consent pursuant to Part 9 Division 3 of the Roads Act 1993. | 5 positions | Roads Act 1993
|
W11
Determine and grant an application for consent to:
(a) erect a structure, or carry out work in, on or over a public road;
(b) dig up or disturb the surface of a public road;
(c) remove or interfere with a structure, work or tree on a public road;
(d) pump water into a public road from any land adjoining a public road;
(e) connect a road (whether public or private) to a classified road, pursuant to sections 138 and 139 of the Roads Act 1993, where the Council is the roads authority. | 28 positions | Roads Act 1993
|
W12 Grant a permit to any person to conduct a road event on a public road, pursuant to section 144 of the Roads Act 1993, where the Council is the roads authority. | 13 positions | Roads Act 1993
|
W13 Authority to impose load limits on roads and bridges and cause a notice to be displayed adjacent to the road or bridge prohibiting vehicles with a laden mass exceeding that maximum mass from passing along the road, bridge or causeway, pursuant to the Road Transport (General) Regulation 2021. | 15 positions | Road Transport (General) Regulation 2021
|
W14
Approve the installation of prescribed traffic control devices (including portable traffic control lights) at Council worksites in accordance with any Delegation in force, issued by the Chief Executive of Transport for NSW and under section 31 of the Transport Administration Act 1988.
| 51 positions | Transport Administration Act 1988
|
W15 Authority to notify the Cemeteries Agency in relation to the Cemeteries and Crematoria Register pursuant to Cemeteries and Crematoria Act 2013 Cemeteries Register. | 4 positions | Cemeteries and Crematoria Act 2013
|
W16 Authority to appeal against an improvement notice issued by the Cemeteries Agency pursuant to Cemeteries and Crematoria Act 2013 Notice Appeal. | 4 positions | Cemeteries and Crematoria Act 2013
|
W17 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 of the Cemeteries and Crematoria Act 2013. | 5 positions | Cemeteries and Crematoria Act 2013
|
W18 Authority to grant or renew, transfer to another person or transfer to the cemetery operator, an interment right pursuant to Cemeteries and Crematoria Act 2013, Interment right. | 4 positions | Cemeteries and Crematoria Act 2013
|
W19 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) pursuant to Cemeteries and Crematoria Act 2013 Cemetery Operators Register. | 4 positions | Cemeteries and Crematoria Act 2013
|
W2 Grant/revoke a permit to an occupier of land (being an occupier of land adjoining an unfenced public road across which a public gate is situated at the point where the road intersects at the boundary fence) to construct a by-pass for vehicles at the intersection with the boundary fence, pursuant to sections 133 and 136 of the Roads Act 1993. | 9 positions | Roads Act 1993
|
W20 Authority to establish a heritage advisory committee, and appoint a chairperson of the committee, in accordance with section 69 pursuant to Cemeteries and Crematoria Act 2013 Heritage Advisory Committee. | 5 positions | Cemeteries and Crematoria Act 2013
|
W21 Authority to seek advice of the heritage advisory committee in accordance with section 69(2) of the Cemeteries and Crematoria Act 2013. | 5 positions | Cemeteries and Crematoria Act 2013
|
W3 Make an application for the closure of a public road or crown public road, pursuant to section 34 of the Roads Act 1993. | 11 positions | Roads Act 1993
|
W4 Cause a temporary public road to be closed by publishing a notice in the Gazette, pursuant to section 39 of the Roads Act 1993. | 10 positions | Roads Act 1993
|
W5 Authorise the regulation of 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 (in so far as they apply to the Council as a roads authority), including the authority to appoint traffic controllers in accordance with clause 6 of the Roads Regulation 2018. | 77 positions | Roads Act 1993 Roads Regulation 2018
|
W6 Authorise the temporary regulation of traffic on public roads for which Council is the roads authority under section 122 of the Roads Act 1993, including the issue of an order under section 122(2) of the Roads Act 1993. | 19 positions | Roads Act 1993
|
W7 Determine applications for approval to use part of a footway for the purposes of a restaurant, under Part 9 Division 1 of the Roads Act 1993. | 7 positions | Roads Act 1993
|
W8 Issue and revoke a permit to an occupier of land under Part 9 Division 2 of the Roads Act 1993. | 4 positions | Roads Act 1993
|
W9 Authorise the holder of a footway dining approval to erect and maintain structures in, or over any part, of the footway pursuant to section 126 of the Roads Act 1993. | 6 positions | Roads Act 1993
|