The table below constitutes the Register of Delegations. This Register allocates the Delegations, Sub-delegations, Authorisations and Appointments described in the Register to positions as listed.

Accounting

DelegationPositionsCompliances
Act as a signatory to Council’s bank accounts and operate the Council’s bank accounts.
5 positions
Act as Council's Responsible Accounting Officer in accordance with the Local Government (General) Regulation 2005.
1 positionLocal Government (General) Regulation 2005

Certify electronic funds transfers and sign cheques drawn on Council’s bank accounts.
5 positions
Implement the Council’s adopted Investment Policy and invest the Council’s money pursuant to section 625 of the Local Government Act 1993.
4 positionsLocal Government Act 1993
Section 625

Make applications to Government Departments for funding.
17 positions
Sign declarations for Fringe Benefits Tax, GST Business Activities Statements and Payroll Tax on behalf of Council.
4 positions
Subject at all times to the overriding authority and direction of the Responsible Accounting Officer, authority to exercise the following day to day functions on behalf of the Responsible Accounting Officer: (a) assist in the establishment and maintenance of a system of budgetary control for the Council in accordance with clause 202 of the Local Government (General) Regulation 2005 ("LG Regulation");  (b) assist in the preparation of a budget review statement in accordance with clause 203 of the LG Regulation; (c) assist in the keeping of Council's accounting records and manage the Council's money, assets and liabilities in accordance with clause 207 of the LG Regulation; (d) assist in the preparation of a report to Council on its investments in accordance with clause 212 of the LG Regulation; (e) assist in the preparation of the Council's annual financial reports and the exercise of any other functions of the Council concerning accounting records, financial reports and auditing under Chapter 13 Part 3 of the Local Government Act 1993; and (f) assist in the balancing of Council's ledgers and preparation of a list of ledger balances in accordance with clause 228 of the LG Regulation.
3 positionsLocal Government (General) Regulation 2005
Clause 202

Local Government Act 1993
Chapter 13 Part 3



Appointments & Authorisations

DelegationPositionsCompliances
Act as an authorised inspector and enforcement officer under the Plumbing and Drainage Act 2011.
12 positionsPlumbing and Drainage Act 2011

Act as an authorised officer within the meaning of section 27 of the Swimming Pools Act 1992.
14 positionsSwimming Pools Act 1992
Section 27

Act as an authorised officer within the meaning of the Boarding Houses Act 2012.
8 positionsBoarding Houses Act 2012

Act as an authorised officer within the meaning of the Companion Animals Act 1998.
10 positionsCompanion Animals Act 1998

Act as an authorised officer within the meaning of the Food Act 2003.
7 positionsFood Act 2003

Act as an authorised officer within the meaning of the Protection of the Environment Operations Act 1997.
31 positionsProtection of the Environment Operations Act 1997

Act as an authorised officer within the meaning of the Public Health Act 2010.
12 positionsPublic Health Act 2010

Act as an authorised officer within the meaning of the Road Transport Act 2013.
39 positionsRoad Transport Act 2013

Act as an authorised officer within the meaning of the Roads Act 1993.
49 positionsRoads Act 1993

Act as an authorised person within the meaning of clause 48(2) of the Rural Fires Regulation 2013.
11 positionsRural Fires Regulation 2013
Clause 48(2)

Act as an authorised person within the meaning of clause 65 of the Poisons and Therapeutic Goods Regulation 2008.
2 positionsPoisons and Therapeutic Goods Regulation 2008
Clause 65

Act as an authorised person within the meaning of the Environmental Planning & Assessment Act 1979.
53 positionsEnvironmental Planning & Assessment Act 1979

Act as an authorised person within the meaning of the Impounding Act 1993.
10 positionsImpounding Act 1993

Act as an authorised person within the meaning of the Local Government Act 1993.
72 positionsLocal Government Act 1993

Act as an enforcement officer within the meaning of the Protection of the Environment Operations Act 1997.
21 positionsProtection of the Environment Operations Act 1997

Act as an impounding officer within the meaning of the Impounding Act 1993.
8 positionsImpounding Act 1993

Approval to submit Section 88 Environment and Waste Returns under the Protection of the Environment Operations Act 1997.
4 positionsEnvironment Operations Act 1997
Section 88

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, section 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, sections 76 and 77 of the Boarding Houses Act 2012, sections 69A and 69B of the Companion Animals Act 1998 and section 26 of the Plumbing and Drainage Act 2011.
79 positionsEnvironmental Planning & Assessment Act 1979
Division 9.2 Subdivision 2

Local Government Act 1993
Sections 191 & 191A

Swimming Pools Act 1992
Sections 27A and 27B

Food Act 2003
Section 37

Protection of the Environment Operations Act 1997
Section 196 and 187

Public Health Act 2010
Section 108

Biosecurity Act 2015
Section 98

Boarding Houses Act 2012
Sections 76 and 77

Companion Animals Act 1998
Sections 69A and 69B

Plumbing and Drainage Act 2011
Section 26

Exercise authority to lay information in respect of any proceedings for an offence pursuant to section 684 of the Local Government Act 1993.
17 positionsLocal Government Act 1993
Section 684

Exercise the functions under Instrument of Delegation under section 21 of the Plumbing and Drainage Act 2011 (reported to Council 5 February 2013).
16 positionsPlumbing and Drainage Act 2011
Section 21

Native Title Management
Consideration of Native Title implications under the Crown Land Management Act 2016 (NSW) Part 8
3 positions
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.
22 positionsLocal Government Act 1993
Section 687



Contracts & Expenditure

DelegationPositionsCompliances
Act as an appropriate person, within the meaning of clause 164 of the Local Government (General) Regulation 2005, to receive and register tenders submitted to Council.
6 positionsLocal Government (General) Regulation 2005
Clause 164

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 2005 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 & associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$100,000
5 positionsLocal Government Act 1993

Local Government (General) Regulation 2005

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 2005 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 & associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$75,000 
3 positions
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 2005 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 & associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$50,000
13 positions
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 2005 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 & associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$40,000
2 positions
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 2005 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 & associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$30,000
1 position
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 2005 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 & associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$25,000
3 positions
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 2005 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 & associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$20,000
26 positions
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 2005 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 & associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$15,000
3 positions
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 2005 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 & associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$10,000
14 positions
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 2005 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 & associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$5,000
39 positions
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 2005 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 & associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$2,000
6 positions
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 2005 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 & associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$1,000
34 positions
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 (d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and required under the Local Government Act 1993 and the Local Government (General) Regulation 2005 to be invited and accepted only by the Council; (e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 & associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
3 positionsLocal Government Act 1993

Local Government (General) Regulation 2005

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 2005.
15 positionsLocal Government Act 1993
Section 55

Local Government (General) Regulation 2005
Tender provisions of Part 7

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 2005.
15 positionsLocal Government Act 1993
Section 55

Local Government (General) Regulation 2005
Tender provisions of Part 7



Corporate Cards

DelegationPositionsCompliances
Corporate Card monthly limit $1,000 and transaction limit $1,000
5 positions
Corporate Card monthly limit $10,000 and transaction limit $1,000
1 position
Corporate Card monthly limit $10,000 and transaction limit $5,000
2 positions
Corporate Card monthly limit $15,000 and transaction limit $1,000
0 positions
Corporate Card monthly limit $15,000 and transaction limit $5,000
3 positions
Corporate Card monthly limit $2,000 and transaction limit $1,000
9 positions
Corporate Card monthly limit $3,000 and transaction limit $1,000
7 positions
Corporate Card monthly limit $30,000
0 positions
Corporate Card monthly limit $5,000 and transaction limit $1,000
32 positions
Corporate Card monthly limit $5,000 and transaction limit $2,000
1 position
Corporate Card monthly limit $5,000 and transaction limit $5,000
2 positions
Corporate Card monthly limit $8,000 and transaction limit $2,000
2 positions


Correspondence & Council Staff

DelegationPositionsCompliances
Accept resignations from staff within the position holder’s area of responsibility.
3 positions
Approval of staff Leave Without Pay greater than five days but less than 20 consecutive working days.
3 positions
Approval of staff Leave Without Pay up to and including five days.
17 positions
Approval of staff Time Sheets
15 positions
Approval of staff timesheets and all forms of staff leave, excluding Leave Without Pay.
39 positions
Approval of staff timesheets, overtime and all forms of staff leave, excluding Leave Without Pay.
59 positions
Approve staff attendance at training seminars and conferences, in accordance with the Staff Training Program and within the approved budget.
16 positions
Approve staff to participate in media interviews in respect of matters within the position holder's area of responsibility in consultation with the Director of the position holder's area of responsibility.
12 positions
Authorise employment of Council staff within the position holder's area of responsibility.
3 positions
Authority to sign off on any documentation that requires lodgement on behalf of the Council as a licenced conveyancer (including lodgement of contracts, leases, transfers, deeds of agreement etc).
1 position
Determine whether matters are to be included in business papers of the Council.
4 positions
Issue media releases and participate in media interviews in respect of matters within the position holder’s area of responsibility.
2 positions
Make recommendations to the General Manager about the suspension of employees within the position holder's area of responsibility.
7 positions
Make recommendations to the General Manager or Director of the position holder's area of responsibility about the employment and dismissal of employees within the position holder’s area of responsibility.
13 positions
Make recommendations to the General Manager with respect to the dismissal of employees within the position holder’s area of responsibility.
4 positions
Participate in media interviews in respect of Council matters or on behalf of the Council.
3 positions
Participate in media interviews in respect of matters within the position holder’s area of responsibility in consultation with the Director of the position holder's area of responsibility.
12 positions
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 Parliame ·        letters of appointment for new employees;nt or Heads of State; ·        correspondence to Mayors or General Managers of other Councils; ·        letters to employees regarding disciplinary matters and grievances.
1 position
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 or General Managers of other Councils; ·        correspondence to ICAC or the Ombudsman.
1 position
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 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.
1 position
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 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; ·        letters of complaint about staff or service.
245 positions
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 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.
11 positions
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 Group Manager level and above and package holders.
3 positions


Debt Recovery

DelegationPositionsCompliances
Determine the process used to recover an outstanding debt (not including a rate) in accordance with the Council’s adopted Recovery of Sundry Debts Policy, including making a determination whether to proceed with legal action where the outstanding amount is less than $300.
4 positions
Represent Council and act on its behalf in any bankruptcy or winding up proceedings, pursuant to section 688 of the Local Government Act 1993.
3 positionsLocal Government Act 1993
Section 688



Emergency Services

DelegationPositionsCompliances
Approve the use of Council plant, equipment and employees in response to an emergency in accordance with the State Emergency and Rescue Management Act 1989.
6 positionsState Emergency and Rescue Management Act 1989

Exercise the Council's functions under the: ·        State Emergency and Rescue Management Act 1989; ·        Rural Fires Service Act 1997; ·        State Emergency Service Act 1989; ·        Local Disaster Plan ·        Illawarra District Disaster Plan
8 positionsState Emergency and Rescue Management Act 1989

Rural Fires Service Act 1997

State Emergency Service Act 1989

Have authority to Act as the Chairperson of the Local Emergency Management Committee under the State Emergency and Rescue Management Act 1989.
1 positionState Emergency and Rescue Management Act 1989



Fees & Approvals

DelegationPositionsCompliances
Authority to make recommendations to the General Manager 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
Determine and sign applications for, and acceptances of government grants on behalf of Council up to $2,000.
6 positions
Determine and sign applications for, and acceptances of government grants on behalf of Council up to $25,000.
3 positions
Determine and sign applications for, and acceptances of government grants on behalf of Council.
1 position
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 (such as a public performance, filming, commercial photographic session, picnics and private celebrations) in accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005.
17 positionsLocal Government Act 1993

Local Government (General) Regulation 2005

Determine requests for the refund of fees, bonds and deposits paid for the use of Council facilities within the position holder's area of responsibility.
28 positions
Execute instruments creating covenants, easements or restrictions affecting land (including any release, variation or modification of same)
1 position
Exercise the authority to release, vary or modify covenants, easements or restrictions affecting land where such changes have been considered, on balance, to not impact on the proper functioning of the subdivision or the intent of that covenant, easement or restriction.
4 positions
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


Illawara Regional Airport

DelegationPositionsCompliances
Exercise the Council's function identified in the Illawarra Regional Airport Operations Manual.
5 positions
Exercise the Council's functions identified in the Aviation Transport Security Act 2004 (Cth).
4 positionsAviation Transport Security Act 2004 (Cth)

Exercise the Council's functions under Part 9 of the Civil Aviation Regulations 1988 (Cth).
5 positionsCivil Aviation Regulations 1988 (Cth)
Part 9

Have discretion to waive landing fees for aircraft involved in: ·        Airport promotional events ·        Angel flight services ·        Scouts and Aerial Cadet activities ·        Emergency Services activities
2 positions
Issue runway pavement concessions
2 positions


Insurance

DelegationPositionsCompliances
Determine levels of Public Liability Insurance required for Council.
2 positions
Negotiate and settle Public Liability Insurance claims up to excess value as defined in the relevant insurance policy.
3 positions
Negotiate and settle Workers Compensation claims up to excess value as defined in the relevant insurance policy.
3 positions
Review Council's exposure to risk on a continuing basis and effect any changes by way of insurance to protect Council's interest.
2 positions


Planning

DelegationPositionsCompliances
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.
14 positions
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.
15 positionsLocal Government Act 1993
Section 88(3)

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 positionsEnvironmental Planning and Assessment Act 1979
Sections 8.2, 8.3, 8.4, 8.5

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 positionsEnvironmental Planning and Assessment Act 1979
Sections 6.22 to 6.26

Determine an application for a complying development certificate pursuant to section 4.28 of the Environmental Planning and Assessment Act 1979.
8 positionsEnvironmental Planning and Assessment Act 1979
Section 4.28

Determine an application for a construction certificate, compliance certificate, occupation certificate and Part 6 of the Environmental Planning and Assessment Act 1979.
10 positionsEnvironmental Planning and Assessment Act 1979

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 positionsLocal Government Act 1993
Section 68

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.
17 positionsLocal Government Act 1993
Sections 106 and 107

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.
17 positionsEnvironmental Planning and Assessment Act 1979
Section 4.55

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 positionsEnvironmental Planning and Assessment Act 1979
Section 8.9

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.
13 positions
Determine applications for a certificate of compliance and for an exemption from the barrier requirements under the Swimming Pools Act 1992.
2 positionsSwimming Pools Act 1992

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 Act, 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 positionsEnvironmental Planning and Assessment Act 1979
Section 4.55(1)

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 General Manager’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 & 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 General Manager’s opinion compliance with the policy is unreasonable and unnecessary in the circumstances, (v) the development does not comply with a development standard unless: (A)    in the case of a non-compliance with a development standard in the Shellharbour Local Environmental Plan 2013 the General Manager 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; or (B) in the case of a non-compliance with a development standard in any other Shellharbour Local Environmental Plan, the General Manager is satisfied of the matters prescribed in clause 7 of State Environmental Planning Policy No. 1 have been satisfied 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 positionsShellharbour Local Environmental Plan 2013
Clause 4.6(4)(a)

State Environmental Planning Policy No. 1
Clause 7

State Environmental Planning Policy (State and Regional Development) 2011
Schedule 7

Environmental Planning & Assessment Act 1979

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 General Manager’s opinion, the objection: (A) is unreasonable; or (ii) the development involves designated development as defined in the Environmental Planning & 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 General Manager’s opinion compliance with the policy is unreasonable and unnecessary in the circumstances, (v) the development does not comply with a development standard unless: (A) in the case of a non-compliance with a development standard in the Shellharbour Local Environmental Plan 2013 the General Manager 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; or (B) in the case of a non-compliance with a development standard in any other Shellharbour Local Environmental Plan, the General Manager is satisfied of the matters prescribed in clause 7 of State Environmental Planning Policy No. 1 have been satisfied 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.
15 positionsEnvironmental Planning & Assessment Act 1979
Clause 4.6(4)(a)

State Environmental Planning Policy No. 1
Clause 7

Exercise any functions of the Council as consent authority under the Community Land Development Act 1989 and associated Regulation including Council’s functions with respect to section 26 relating to development contracts.
3 positionsCommunity Land Development Act 1989

Exercise the Council’s functions and duties under Part 6 of the Environmental Planning and Assessment Act 1979.
6 positionsEnvironmental Planning and Assessment Act 1979
Part 6

Exercise the Council’s functions under the Heritage Act 1977, including the making of an interim heritage order where the Minister has authorised the Council to make such an order, and the revocation of that order.
2 positionsHeritage Act 1977

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.
3 positionsStrata Schemes Development Act 2015

Exercise the Council's functions under the Liquor Act 2007.
1 positionLiquor Act 2007

Extend or renew approvals in accordance with section 107 of the Local Government Act 1993.
12 positionsLocal Government Act 1993
Section 107

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.
3 positionsEnvironmental Planning and Assessment Act 1979
Schedule 5

Local Government Act 1993
Section 735A

Issue a certificate stating the classification of public land pursuant to section 54 of the Local Government Act 1993.
3 positionsLocal Government Act 1993
Section 54

Issue planning certificates pursuant to section 10.7 of the Environmental Planning and Assessment Act 1979 and clause 279 of the Environmental Planning and Assessment Regulation 2000, including determining the content of certificates issued under 10.7(5) of the Environmental Planning and Assessment Act 1979.
6 positionsEnvironmental Planning and Assessment Act 1979
Section 10.7

Environmental Planning and Assessment Regulation 2000
Clause 279

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.
2 positionsLand and Environment Court Act 1979
Sections 34(3) and 34(4)(b)

Reject a development application pursuant to clause 51 of the Environmental Planning & Assessment Regulation 2000.
3 positionsEnvironmental Planning & Assessment Regulation 2000
Clause 51

Reject unclear or illegible applications for approval, pursuant to section 85 of the Local Government Act 1993.
17 positionsLocal Government Act 1993
Section 85

Reject unclear or illegible applications for approval, pursuant to section 85 of the Local Government Act 1993.
6 positionsLocal Government Act 1993
Section 85

Represent the Council as Principal Certifying Authority.
11 positions
Revoke or modify approvals in accordance with section 108 of the Local Government Act 1993.
3 positionsLocal Government Act 1993
Section 108

The General Manager sub-delegates to the person holding, or duly acting in the position, of Director Community & Customers within the organisation structure of the Council from time to time all of the Functions of the Council under the EPA Act 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.
1 position
The General Manager sub-delegates to the person holding, or duly acting in the position, of Director Community & Customers within the organisation structure of the Council from time to time all of the Functions of the Council under the EPA Act 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.
0 positions
The General Manager sub-delegates to the person holding, or duly acting in the position, of Director Community & Customers within the organisation structure of the Council from time to time all of the Functions of the Council under the EPA Act 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.
1 position
The General Manager sub-delegates to the person holding, or duly acting in the position, of Group Manager City Development within the organisation structure of the Council from time to time all of the Functions of the Council under the EPA Act 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.
1 position
The General Manager sub-delegates to the person holding, or duly acting in the position, of Group Manager City Planning within the organisation structure of the Council from time to time all of the Functions of the Council under the EPA Act 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.
1 position


Public Officer and Council Documents

DelegationPositionsCompliances
Act as the Council’s public officer, pursuant to section 342(1) of the Local Government Act 1993.
1 positionLocal Government Act 1993
Section 342(1)

Authority to sign all documentation on behalf of the Council in place of the General Manager (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.
1 position
Be responsible for the coordination of the business, meetings and outcomes of meetings of Shellharbour City Council's Governance, Risk and Audit Committee.
1 position
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 positionsGovernment Information (Public Access) Act 2009

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.
3 positionsPrivacy and Personal Information Protection Act 1998
Section 53

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 positionsLocal Government Act 1993
Section 377

State Records Act 1998

Investigate and be responsible for the coordination of the investigation of complaints received under the Council’s Complaints Management Policy.
1 position


Rates & Charges

DelegationPositionsCompliances
Consider and determine requests by organisations to include material in the mail with Council rates notices in accordance with the Council’s adopted Rates Policy in conjunction with the General Manager.
2 positions
Determine the process used to recover an outstanding rate in accordance with the Council’s adopted Rates Policy, including making a determination whether to proceed with legal action where the outstanding amount is less than $500.
4 positions
Enter a reasonable arrangement with a ratepayer regarding the payment of outstanding rate debt, in accordance with the Council’s adopted Rates Policy.
4 positions
Exercise the Council’s functions under the Valuation of Land Act 1916, including the making of applications for the valuation of land within the Council’s local government area.
3 positionsValuation of Land Act 1916

Issue a certificate as to rates and charges in accordance with section 603 of the Local Government Act 1993.
5 positionsLocal Government Act 1993
Section 603

Review a determination regarding a reasonable arrangement for the payment of outstanding rate debt, in accordance with the Council’s adopted Rates Policy.
4 positions


Regulation & Enforcement

DelegationPositionsCompliances
Authorise the sale or destruction of a surrendered or impounded animal under the Companion Animals Act 1998 or the release of any impounded item under the Impounding Act 1993.
4 positionsCompanion Animals Act 1998

Impounding Act 1993

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.
10 positionsRoads Act 1993
Section 26

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.
11 positionsRoads Act 1993
Section 86(1)

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.
4 positions
Exercise authority to revoke or cancel any Penalty Infringement Notice issued by a Council officer.
5 positions
Exercise Council's enforcement and regulatory functions under the Companion Animals Act 1998 and Impounding Act 1993, excluding authorising the sale or destruction of a surrendered or impounded animal or releasing any impounded item.
10 positionsCompanion Animals Act 1998

Impounding Act 1993

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.
8 positionsFood Act 2003
Section 111B

Exercise the 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.
24 positionsEnvironmental Planning and Assessment Act 1979
Sections 9.3-9.37

Local Government Act 1993
Part 2 of Chapter 7

Exercise the 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.
20 positionsProtection of the Environment and Operations Act 1997

Exercise the Council's functions under Part 3 Division 5 of the Public Health Act 2010, including the issue of a prohibition order.
7 positionsPublic Health Act 2010
Part 3 Division 5

Exercise the Council's regulatory functions under the Contaminated Land Management Act 1997 including issuing a notice under section 35 of that Act.
5 positionsContaminated Land Management Act 1997

Give a direction under Part 7 of the Roads Act 1993.
14 positionsRoads Act 1993
Part 7

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.
50 positionsEnvironmental Planning and Assessment Act 1979

Local Government Act 1993

Swimming Pools Act 1992

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.
30 positions
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.
19 positions
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.
21 positionsRoads Act 1993
Section 122

Issue a direction pursuant to section 23 of the Swimming Pools Act 1992.
12 positionsSwimming Pools Act 1992
Section 23

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
31 positionsEnvironmental 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

Regulation and Enforcement

 

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 Regulation 2018, the regulations or the by-laws made under Section 128, being an offence prescribed by the regulations for the purpose of this Section.

10 positions


Shell Cove

DelegationPositionsCompliances
Subject to the overriding authority and delegations of the Director Council Sustainability, authority to: - Exercise all functions and powers of the Council representative on the Shell Cove Management Committee.
1 position
Subject to the overriding authority and delegations of the Director Council Sustainability, authority to: ·         Exercise all functions and powers of the Council representative on the Shell Cove Management Committee and do all things necessary to ensure that the Shell Cove Project is generally managed in accordance with the adopted feasibility study, annual program and Council's directions and policies; and ·         Sign notices of authority on behalf of Council to permit purchasers of lots within Shell Cove to lodge Development Applications and conforming Development Applications prior to the settlement of the individual properties.
1 position
Subject to the overriding authority and delegations of the General Manager, authority to: - Exercise all functions and powers of the Council representative on the Shell Cove Management Committee and do all things necessary to ensure that the Shell Cove Project is generally managed in accordance with the adopted feasibility study, annual program and Council's adopted directions and policies; and - Sign notices of authority on behalf of Council to permit purchasers of lots within Shell Cove to lodge Development Applications and conforming Development Applications prior to the settlement of the individual properties.
1 position


Works

DelegationPositionsCompliances
Approve the installation of prescribed traffic control devices (including portable traffic control lights) at Council worksites in accordance with the current Delegation to Councils dated made by the Chief Executive of Roads and Maritime Services under section 50 of the Transport Administration Act 1988.
37 positionsTransport Administration Act 1988
Section 50

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.
7 positionsRoads Act 1993
Section 126

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.
57 positionsRoads Act 1993
Section 115(2)

Roads Regulation 2018
Clause 6

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.
17 positionsRoads Act 1993
Section 122 and 122(2)

Authority to appeal against an improvement notice issued by the Cemeteries Agency pursuant to Cemeteries and Crematoria Act 2013 Notice Appeal.
2 positionsCemeteries and Crematoria Act 2013

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.
3 positionsCemeteries and Crematoria Act 2013
Section 69

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.
2 positionsCemeteries and Crematoria Act 2013

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 clause 148 of the Road Transport (General) Regulation 2013.
12 positionsRoad Transport (General) Regulation 2013
Clause 148

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.
2 positionsCemeteries and Crematoria Act 2013
Section 63

Authority to notify the Cemeteries Agency in relation to the Cemeteries and Crematoria Register pursuant to Cemeteries and Crematoria Act 2013 Cemeteries Register.
2 positions
Authority to seek advice of the heritage advisory committee in accordance with section 69(2) pursuant to Cemeteries and Crematoria Act 2013 Advice of Committee.
3 positionsCemeteries and Crematoria Act 2013
Section 69(2)

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 pursuant to Cemeteries and Crematoria Act 2013 comply with notice/order.
3 positionsCemeteries and Crematoria Act 2013
Section 41

Cause a temporary public road to be closed by publishing a notice in the Gazette, pursuant to section 39 of the Roads Act 1993.
8 positionsRoads Act 1993
Section 39

Determine 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.
25 positionsRoads Act 1993
Sections 138 and 139

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.
9 positionsRoads Act 1993
Section 128 and 130

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.
8 positionsRoads Act 1993
Part 9 Division 1

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.
9 positionsRoads Act 1993
Section 144

Grant, revoke, transfer or extend the term of a street vending consent pursuant to Part 9 Division 3 of the Roads Act 1993.
7 positionsRoads Act 1993
Part 9 Division 3

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.
8 positionsRoads Act 1993
Sections 133 and 136

Issue and revoke a permit to an occupier of land under Part 9 Division 2 of the Roads Act 1993.
5 positionsRoads Act 1993
Part 9 Division 2

Make an application for the closure of a public road or crown public road, pursuant to section 34 of the Roads Act 1993.
8 positionsRoads Act 1993
Section 34






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