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1 Instrument of Delegation for Council consideration at Council Meeting 27 June, 2011 Instrument of Delegation by Council to Members of Council Staff Council Meeting - Monday, 27 June, 2011 Item 2.5 Attachment 2

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Page 1: by Council to Members of Council Staff

 

1 Instrument of Delegation for Council consideration at Council Meeting 27 June, 2011

Instrument of Delegation

by Council

to Members of Council Staff

Council Meeting - Monday, 27 June, 2011

Item 2.5 Attachment 2

Page 2: by Council to Members of Council Staff

 

2 Instrument of Delegation for Council consideration at Council Meeting 27 June, 2011

Instrument of Delegation In exercise of the power conferred by section 98(1) of the Local Government Act 1989 and the other legislation referred to in the attached Schedule, the Council: 1. delegates each duty and/or function and/or power described in column two of the

Schedule (and summarised in column four of the Schedule) to the member of Council staff holding, acting in or performing the duties of the office or position described opposite each such duty and/or function and/or power in column five of the Schedule;

2. record that the abbreviations in column five of the attached Schedule have the

meaning as set out in Annexure A to this Instrument; 3. declares that:

3.1 this Instrument of Delegation is authorised by a resolution of Council passed on 27 June, 2011 and

3.2 the delegation:

3.2.1 comes into force immediately the common seal of Council is affixed to this Instrument of Delegation;

3.2.2 remains in force until varied or revoked; 3.2.3 is subject to any conditions and limitations set out in sub-paragraph 3.3,

and the Schedule; and 3.2.4 must be exercised in accordance with any guidelines or policies which

Council from time to time adopts; and

3.3 the delegate must not determine the issue, take the action or do the act or thing:

3.3.1 if the issue, action, act or thing is an issue, action or thing which Council has previously designated as an issue, action, act or thing which must be the subject of a Resolution of Council; or

3.3.2 if the determining of the issue, taking of the action or doing of the act or

thing would or would be likely to involve a decision which is inconsistent with a: (a) policy; or (b) strategy (c) adopted by Council; or

Council Meeting - Monday, 27 June, 2011

Item 2.5 Attachment 2

Page 3: by Council to Members of Council Staff

 

3 Instrument of Delegation for Council consideration at Council Meeting 27 June, 2011

3.3.3 if the determining of the issue, the taking of the action or the doing of the act or thing cannot be the subject of a lawful delegation, whether on account of section 98(1)(a)-(f) (inclusive) of the Act or otherwise; or

3.3.4 the determining of the issue, the taking of the action or the doing of the

act or thing is already the subject of an exclusive delegation to another member of Council staff.

[#Council seal#]

Council Meeting - Monday, 27 June, 2011

Item 2.5 Attachment 2

Page 4: by Council to Members of Council Staff

 

4 Instrument of Delegation for Council consideration at Council Meeting 27 June, 2011

Annexure A

 

Position Abbreviation Aboriginal Support and Development Team Leader ABSDT Accounting Services Coordinator ACCSC Administration Coordinator Somerville ACSOM Assessment Officers ASSOF Asset Protection Officer ASSPO Assistant Municipal Fire Prevention Officer AMFPO Best Practice Coordinator BESPC Business Systems Analyst BUSAN Cemeteries Administration Officer CEMAO Cemeteries Executive Officer CEMEO Chief Executive Officer CEO Coordinator Pelican Pantry COPEL Coordinator Pelican Park Recreation Centre COPRC Community Animal Shelter Coordinator CASC Community Animal Shelter Officer CASO Community Renewal Place Manager CRPMG Compliance Liaison Officer CMPLO Coordinator Home Based Services CHBS Coordinator Intake and Assessment CIASS Coordinator Integrated Planning CISTY Coordinator Social Planning & Community Development

CSPCD

Council Council Customer Service Officer CUSTS Delivered Meals Team Leader DELTL Deputy Municipal Building Surveyor DMBS Development Engineer DEVEN Director Mornington Gallery DRMGL Director Sustainable Communities DRSC Director Sustainable Environment DRSE Director Sustainable Infrastructure DRSI Director Sustainable Organisation DRSO Drainage Engineer DRENG Environmental Health Officer EHO Financial Accountant FINAC Golf Course Superintendent GCSUP Home Based Services Team Leader HBSTL Infrastructure Accountant INACC Internal Auditor INAUD Library Operations Coordinator LIBOC Management Accountant MANAC Manager Aged and Disability Services MGADS Manager Child Youth and Family Care MGCYF Manager Communications MGCOM Manager Corporate Planning and Projects MGCPP Manager Economic Development MGED Manager Environment Protection MGEP

Council Meeting - Monday, 27 June, 2011

Item 2.5 Attachment 2

Page 5: by Council to Members of Council Staff

 

5 Instrument of Delegation for Council consideration at Council Meeting 27 June, 2011

Annexure A (cont’d)

Position Abbreviation Manager Finance MGFIN Manager Governance and Corporate Support MGGCS Manager Information Services MGIS Manager Infrastructure Maintenance MGIM Manager Infrastructure Projects MGIPR Manager Infrastructure Strategy MGIST Manager Libraries Art and Culture MGLAC Manager Property and Valuations MGPV Manager Recreation and Leisure MGRL Manager Renewable Resources MGIRR Manager Statutory Planning MGSTY Manager Strategic Planning MGSTC Manager Team Support and Development MGTSD Mornington Facility Coordinator MFCO Municipal Building Surveyor MBS Municipal Emergency Resource Officer MERO Municipal Fire Prevention Officer MFPO Not Applicable N/A Not Delegated NIL Payroll Co-ordinator PAYCO Planning Assistant PASTY Planning Compliance Officer PLCO Planning Support Coordinator PLSC Planning Support Officer PLSUP Project Manager Capital Works PMCW Project Manager Design PMD Recruitment Officer RECOF Revaluation Project Manager RPM Revenue Management Coordinator REVMC Revenue Officer REVOF Risk & Premium Coordinator RSKPC Senior Finance Officer SRFIN Senior Information Officer SRIO Senior Planning Support Officer SPLSO Senior Statutory Planner SSTYP Senior Tourism Officer SRTRO Shire Rangers RANGR Shire Valuer SHVAL Statutory Planner STYP Statutory Planning Development Support Officer STYPD Statutory Planning Project Coordinator STYPC Strategic Planner STCP Strategic Planner - Coastal STCPC Strategic Planner - Heritage and Urban Design STCHD Strategic Planner - Natural Systems STCNS Strategic Projects Planner STCPP Strategic Support Officer STCSO Strategic Support Planner STCSP Subdivisions Officer SUBDO Team Leader Administration - Environment Protection

TLAEP

Council Meeting - Monday, 27 June, 2011

Item 2.5 Attachment 2

Page 6: by Council to Members of Council Staff

 

6 Instrument of Delegation for Council consideration at Council Meeting 27 June, 2011

Annexure A (cont’d)

 

Position Abbreviation Team Leader Asset Management TLAM Team Leader Business Development TLBD Team Leader Childcare Services TLCC Team Leader Communications TLCOM Team Leader Community and Special Events TLCSE Team Leader Conservation Parks TLCPK Team Leader Construction and Asset Protection TLCAP Team Leader Customer Service TLCS Team Leader Customer Service and Business Support

TLCBS

Team Leader Development Compliance TLDC Team Leader Environmental Health Officer TLEHO Team Leader GIS TLGIS Team Leader Governance TLGOV Team Leader Home Maintenance TLHM Team Leader Immunisation Nurse TLIN Team Leader Information Technology Support TLITS Team Leader Infrastructure Planning and Policy TLIPP Team Leader Maternal and Child Health TLMCH Team Leader Natural Systems TLNS Team Leader OHS & Workcover TLOHS Team Leader Planning Support TLPLS Team Leader Property Operations TLPO Team Leader Property Strategy TLPS Team Leader Records Management TLRM Team Leader Recreation and Community Partnerships

TLRCP

Team Leader Scheme and Systems Review TLSSR Team Leader Shire Rangers TLSR Team Leader Special Projects TLSP Team Leader Sport and Leisure TLSPO Team Leader Statutory Planning TLSTY Team Leader Strategic Projects and Planning TLSTP Team Leader Traffic and Road Safety TLTRS Team Leader Youth Strategic Planning and Support TLYSP Tourism Executive Officer TUREO Vegetation Officer VEGO Whistleblowers Investigator WBINV Whistleblowers Protected Disclosure Coordinator WBPDC Whistleblowers Protected Disclosure Officer WBPDO

 

Council Meeting - Monday, 27 June, 2011

Item 2.5 Attachment 2

Page 7: by Council to Members of Council Staff

Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Cemeteries and Crematoria Act 2003 1 The provisions of this Act apply to Councils appointed as a cemetery trust pursuant to section 8(1)(a)(ii) of this Act and also apply to other Councils responsible for a public cemetery, as though they were a cemetery trust pursuant to section 53

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.8(1)(a)(ii) 2 power to manage one or more public cemeteries Nil •�where appointed to manage cemetery by Governor in Council Council (MPCT)

Cemeteries and Crematoria Act 2003 s.12(1) 3 function to properly and efficiently manage and maintain each public cemetery for which responsible and carry out any other function conferred under this Act. N/A where council is a Class B cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.12(21) 4 duty to have regard to the matters set out in paragraphs (a)-(c) in exercising its functions N/A where council is a Class B cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.12A(1) 5 function to do the activities set out in paragraphs (a) – (n) N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.12A(2) 6 duty to have regard to matters set out in paragraphs (a) - (e) in exercising its functions N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.13 7 duty to do anything necessary or convenient to enable it to carry out its functions CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.14 8 power to manage multiple public cemeteries as if they are one cemetery CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.15(1) and (2)

9 power to delegate powers or functions other than those listed CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.15(4) 10 duty to keep records of delegations CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.17(1) 11 power to employ any persons necessary CEMEO, CEMAO MPS imposed condition - In accordance with budget provisions or in emergencies with a subsequent report to the Mornington Peninsula Cemtery Trust

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.17(2) 12 power to engage any professional, technical or other assistance considered necessary CEMEO, CEMAO MPS imposed condition - In accordance with budget provisions or in emergencies with a subsequent report to the Mornington Peninsula Cemtery Trust

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.17(3) 13 power to determine the terms and conditions of employment or engagement CEMEO subject to the any guidelines or directions of the Secretary. MPS imposed condition - in accordance with all MPSC awards, conditions and policies.

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18(3) 14 duty to comply with a direction from the Secretary CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18B(1) & (2)

15 duty to establish governance committees within 12 months of becoming a Class A cemetery trust and power to establish other governance committees from time to time

N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18C 16 power to determine the membership of the governance committee N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18D 17 power to determine procedure of governance committee N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18D(1)(a) 18 duty to appoint community advisory committee for the purpose of liaising with communities N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18D(1)(b) 19 power to appoint any additional community advisory committees N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18D(2) 20 duty to establish a community advisory committee under section 18D(1)(a) within 12 months of becoming a Class A cemetery trust. N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18D(3) 21 duty to include a report on the activities of the community advisory committees in its report of operations under Part 7 of the Financial Management Act 1994 N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18F(2) 22 duty to give preference to a person who is not a funeral director of a stonemason (or a similar position) when appointing a person to a community advisory committee

N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18H(1) 23 duty to hold an annual meeting before 30 December in each calendar year, in accordance with section N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18I 24 duty to publish a public notice of annual meeting in a newspaper, a reasonable time before the date of the annual meeting N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18J 25 duty to provide leadership, assistance and advice in relation to operational and governance matters relating to cemeteries (including the matters set out in section 18J(2)

N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18L(1) 26 duty to employ a person as the chief executive officer (by whatever title called) of the Class A cemetery trust. N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18N(1) 27 duty to prepare an annual plan for each financial year that specifies the items set out in paragraphs (a)-(d) N/A where council is a Class A cemetery trust Council (MPCT)

Instrument of Delegation from Council to Officers - Schedule Draft - Council Report 27 June 2011 1

Council Meeting - Monday, 27 June, 2011 Item 2.5 Attachment 2

Page 8: by Council to Members of Council Staff

Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Cemeteries and Crematoria Act 2003 s.18N(3) 28 duty to give a copy of the proposed annual plan to the Secretary on or before 30 September each year for the Secretary's approval N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18N(5) 29 duty to make amendments as required by the Secretary and deliver the completed plan to the Secretary within 3 months N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18N(7) 30 duty to ensure that an approved annual plan is available to members of the public on request N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18O(1) 31 duty prepare a strategic plan and submit the plan to the Secretary for approval N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18O(4) 32 duty to advise the Secretary if the trust wishes to exercise its functions in a manner inconsistent with its approved strategic plan N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18O(5) 33 duty to ensure that an approved strategic plan is available to members of the public on request N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.18Q(1) 34 duty to pay an annual levy on gross earnings as reported in the annual financial statements for the previousfinancial year.

N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 s.19 35 power to carry out or permit the carrying out of works CEMEO, CEMAO MPS imposed condition - In accordance with budget provisions or in emergencies with a subsequent report to the Mornington Peninsula Cemtery Trust

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.20(1) 36 duty to set aside areas for the interment of human remains CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.20(2) 37 power to set aside areas for the purposes of managing a public cemetery CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.20(3) 38 power to set aside areas for those things in paragraphs (a) – (e) CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.21(1) 39 power to establish and operate a crematorium in a public cemetery NIL council must not establish or operate a crematorium set aside for particular religious or community groups.

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.22 40 power to establish mausolea facilities NIL subject to the prior written approval of the Secretary Council (MPCT)

Cemeteries and Crematoria Act 2003 s.24(2) 41 power to apply to the Secretary for approval to alter the existing distribution of land Nil Council (MPCT)

Cemeteries and Crematoria Act 2003 s.26(1) 42 power to make rules for or with respect to the general care, protection and management of a public cemetery CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.36 43 power to grant licences to enter and use part of the land or building in a public cemetery in accordance with this section NIL subject to the approval of the Minister Council (MPCT)

Cemeteries and Crematoria Act 2003 s.37 44 power to grant leases over land in a public cemetery in accordance with this section NIL subject to the Minister approving the purpose Council (MPCT)

Cemeteries and Crematoria Act 2003 s.39(1) 45 power to fix fees and charges or a scale of fees and charges for its services in accordance with this section NIL subject to the approval of the Secretary under section 40 unless exempt under section 40A

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.39(3) 46 power to fix different fees and charges for different cases or classes of cases NIL Council (MPCT)

Cemeteries and Crematoria Act 2003 s.40 47 duty to notify Secretary of fees and charges fixed under section 39 CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.45 48 power to invest money NIL subject to any direction of the Minister. This provision does not apply if the management of the public cemetery is a municipal council, not a cemetery trust. In this case, the borrowing & investment powers are governed by the Local Government Act 1989.

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.46(2)(b) 49 duty to comply with conditions imposed by the Treasurer power to borrow money to enable it to perform its functions and exercise its powers CEMEO, CEMAO NIL subject to the approval and conditions of the Treasurer. This provision does not apply if the management of the public cemetery is a municipal council, not a cemetery trust. In this case, the borrowing & investment powers are governed by the Local Government Act 1989.

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.47 50 power to pay a contribution toward the cost of the construction and maintenance of any private street adjoining or abutting a cemetery Nil provided the street was constructed pursuant to the Local Government Act 1989

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.57(1) 51 duty to submit a report to the Secretary every financial year in respect of powers and functions under the Act CEMEO, CEMAO applies only to municipal councils, not cemetery trusts report must contain the particulars listed in s.57(2

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.59 52 duty to keep records for each public cemetery CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.60(1) 53 duty to make information in records available to the public for historical or research purposes CEMEO, CEMAO Council (MPCT)

Instrument of Delegation from Council to Officers - Schedule Draft - Council Report 27 June 2011 2

Council Meeting - Monday, 27 June, 2011 Item 2.5 Attachment 2

Page 9: by Council to Members of Council Staff

Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Cemeteries and Crematoria Act 2003 s.60(2) 54 power to charge fees for providing information CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.64(4) 55 duty to comply with a direction from the Secretary under section 64(3) CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.64(B)(d) 56 power to permit interments at a reopened cemetery CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.66(1) 57 power to apply to the Minister for approval to convert the cemetery, or part of it, to a historic cemetery park Nil the application must include the requirements listed in s.66(2)(a)–(d)

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.69 58 duty to take reasonable steps to notify of conversion to historic cemetery park Nil Council (MPCT)

Cemeteries and Crematoria Act 2003 s.70(1) 59 duty to prepare plan of existing places of interment and make a record of any inscriptions on memorials which are to be removed CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.70(2) 60 duty to make plans of existing place of interment available to the public CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.71(1) 61 power to remove any memorials or other structures in an area to which an approval to convert applies CEMEO, CEMAO MPS imposed condition - In accordance with a decision of the Mornington Peninsula Cemetery Trust.

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.71(2) 62 power to dispose of any memorial or other structure removed CEMEO, CEMAO MPS imposed condition - In accordance with a decision of the Mornington Peninsula Cemetery Trust.

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.72(2) 63 duty to comply with request received under section 72 CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.73(1) 64 power to grant a right of interment CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.73(2) 65 power to impose conditions on the right of interment CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.75 66 power to grant the rights of interment set out in subsections (a) and (b) CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.76(3) 67 duty to allocate a piece of interment if an unallocated right is granted CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.77(4) 68 power to authorise and impose terms and conditions on the removal of cremated human remains or body parts from the place of interment on application CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.80(1) 69 function of receiving notification and payment of transfer of right of interment CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.80(2) 70 function of recording transfer of right of interment CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.82(2) 71 duty to pay refund on the surrender of an unexercised right of interment CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.83(2) 72 duty to pay refund on the surrender of an unexercised right of interment (sole holder) CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.83(3) 73 power to remove any memorial and grant another right of interment for a surrendered right of interment CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.84(1) 74 function of receiving notice of surrendering an entitlement to a right of interment CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.85(1) 75 duty to notify holder of 25 year right of interment of expiration at least 12 months before expiry CEMEO, CEMAO the notice must be in writing and contain the requirements listed in s.85(2)

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.85(2)(b) 76 power to remove and dispose of cremated human remains and remove any memorial CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.86 77 power to remove and dispose of cremated human remains a+D182nd remove any memorial if no action taken by right holder within time specified CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.87(3) 78 duty, if requested, to extend the right for a further 25 years or convert the right to a perpetual right of interment CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.88 79 function to receive applications to carry out a lift and reposition procedure at a place of interment CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.89(1) 80 power to approve or refuse an application for a lift and re-position procedure in accordance with subsection (2) & (3) CEMEO, CEMAO Can only be delegated to members of a committee established under section 86 of the Local Government Act 1989. MPS imposed condition - In accordance with a decision of the Mornington Peninsula Cemetery Trust.

Council (MPCT)

Instrument of Delegation from Council to Officers - Schedule Draft - Council Report 27 June 2011 3

Council Meeting - Monday, 27 June, 2011 Item 2.5 Attachment 2

Page 10: by Council to Members of Council Staff

Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Cemeteries and Crematoria Act 2003 s.90 81 power to authorise a person without an exhumation licence to carry out a lift and re-position procedure as set out in section 90(1)(a)-(d) CEMEO, CEMAO Can only be delegated to members of a committee established under section 86 of the Local Government Act 1989. MPS imposed condition - In accordance with a decision of the Mornington Peninsula Cemetery Trust.

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.91(1) 82 power to cancel a right of interment in accordance with this section CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.91(3) 83 duty to publish notice of intention to cancel right of interment CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.92 84 power to pay refund or grant a right of interment in respect of another place of interment to the previous holder of the cancelled right of interment CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.98(1) 85 function of receiving application to establish or alter a memorial or a place of interment CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.99 86 power to approve or refuse an application made under section 98, or to cancel an approval CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.99(4) 87 duty to make a decision on an application under section 98 within 45 days after receipt of the application or within 45 days of receiving further information where requested

CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.100(1) 88 power to require a person to remove memorials or places of interment CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.100(2) 89 power to remove and dispose a memorial or place of interment or remedy a person's failure to comply with section 100(1) CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.100(3) 90 power to recover costs of taking action under section 100(2) CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.101 91 function of receiving applications to establish or alter a building for ceremonies in the cemetery CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.102(1) 92 power to approve or refuse (if satisfied of the matters in (b) and (c)) an application under section 101 CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.102(2) & (3)

93 power to set terms and conditions in respect of, or to cancel, an approval granted under section 102(1) CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.103(1) 94 power to require a person to remove a building for ceremonies CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.103(2) 95 power to remove and dispose of a building for ceremonies or remedy the failure to comply with section 103(1) CEMEO, CEMAO MPS imposed condition - In accordance with a decision of the Mornington Peninsula Cemetery Trust.

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.103(3) 96 power to recover costs of taking action under section 103(2) CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.106(1) 97 power to require the holder of the right of interment of the requirement to make the memorial or place of interment safe and proper or carry out specified repairs CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.106(2) 98 power to require the holder of the right of interment to provide for an examination CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.106(3) 99 power to open and examine the place of interment if section 106(2) not complied with CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.106(4) 100 power to repair or – with the approval of the Secretary - take down, remove and dispose any memorial or place of interment if notice under section 106(1) is not complied with

CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.107(1) 101 power to require person responsible to make the building for ceremonies safe and proper or carry out specified repairs CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.107(2) 102 power to repair or take down, remove and dispose any building for ceremonies if notice under section 107(1) is not complied with CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.108 103 power to recover costs and expenses CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.109(1)(a) 104 power to open, examine and repair a place of interment CEMEO, CEMAO where the holder of right of interment or responsible person cannot be found

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.109(1)(b) 105 power to repaid a memorial or, with the Secretary's consent, take down, remove and dispose of a memorial CEMEO, CEMAO where the holder of right of interment or responsible person cannot be found

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.109(2) 106 power to repair the building for ceremonies or, with the consent of the Secretary, take down, remove and dispose of a building for ceremonies CEMEO, CEMAO where the holder of right of interment or responsible person cannot be found

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.110(1) 107 power to maintain, repair or restore a memorial or place of interment from other funds if unable to find right of interment holder , with consent of Secretary CEMEO, CEMAO Council (MPCT)

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Cemeteries and Crematoria Act 2003 s.110(2) 108 power to maintain, repair or restore any building for ceremonies from other funds if unable to find responsible person and with consent of the Secretary CEMEO, CEMAO MPS imposed condition - In accordance with a decision of the Mornington Peninsula Cemetery Trust.

Council (MPCT)

Cemeteries and Crematoria Act 2003 s.111 109 power to enter into agreement with a holder of the right of interment to maintain a memorial or place of interment CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.112 110 power to sell and supply memorials CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.116(4) 111 duty to notify the Secretary of an interment authorisation granted CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.116(5) 112 power to require an applicant to produce evidence of the right of interment holder's consent to application CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.118 113 power to grant an interment authorisation if satisfied that the requirements of Division 2 of Part 8 have been met CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.119 114 power to set terms and conditions for interment authorisations CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.131 115 function of receiving an application for cremation authorisation CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.133(1) 116 duty not to grant a cremation authorisation unlesspower to satisfy itself satisfied that requirements of section 133 have been complied with before granting a cremation authorisation

CEMEO, CEMAO Subject to subsection (2) Council (MPCT)

Cemeteries and Crematoria Act 2003 s.145 117 duty to comply with an order made by the Magistrates' Court or a coroner CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.146 118 power to dispose of bodily remains by a method other than interment or cremation with the approval of the Secretary CEMEO, CEMAO subject to the approval of the Secretary Council (MPCT)

Cemeteries and Crematoria Act 2003 s.147 119 power to apply to the Secretary for approval to dispose of bodily remains by a method other than interment or cremation CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.149 120 duty to cease using method of disposal if approval revoked by the Secretary CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.150 & 152(1)

121 power to authorise the interment or cremation of body parts if the requirements of Division 1 of Part 11 are met CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.151 122 function of receiving an application to inter or cremate body parts CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Act 2003 s.152(2) 123 power to impose terms and conditions on authorisation granted under section 150 N/A Council (MPCT)

Cemeteries and Crematoria Act 2003 Schedule 1clause 8(3)

124 power to permit members to participate in a particular meeting by telephone, closed-circuit television or any other means of communication N/A where council is a Class B cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 Schedule 1 clause 8(8)

125 power to regulate own proceedings NIL where council is a Class B cemetery trust subject to clause 8 Council (MPCT)

Cemeteries and Crematoria Act 2003 Schedule 1Aclause 8(3)

126 power to permit members to participate in a particular meeting by telephone, closed-circuit television or any other means of communication N/A where council is a Class A cemetery trust Council (MPCT)

Cemeteries and Crematoria Act 2003 Schedule 1Aclause 8(8)

127 power to regulate own proceedings N/A where council is a Class A cemetery trust subject to clause 8 Council (MPCT)

Cemeteries and Crematoria Regulations 2005 r.17 1 power to inspect any coffin, container or other receptacle if satisfied of the matters in paragraphs (a) and (b) CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 r.18(1) 2 power to remove any fittings on any coffin, container or other receptacle if the fittings may impede the cremation process or damage the cremator CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 r.18(2) 3 duty to ensure any fittings removed of are disposed in an appropriate manner CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 r.19 4 power to dispose of any metal substance or non-human substance recovered from a cremator CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 r.20(2) 5 power to release cremated human remains to certain persons CEMEO, CEMAO Subject to any order of a court Council (MPCT)

Cemeteries and Crematoria Regulations 2005 r.21(1) 6 duty to make cremated human remains available for collection within 2 working days after the cremation CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 r.21(2) 7 duty to hold cremated human remains for at least 12 months from the date of cremation CEMEO, CEMAO Council (MPCT)

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Cemeteries and Crematoria Regulations 2005 r.21(3) 8 power to dispose of cremated human remains if no person gives a direction within 12 months of the date of cremation CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 r.21(4) 9 duty to take reasonable steps notify relevant people of intention to dispose of remains at expiry of 12 month period CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 r.22 10 duty to ensure a mausoleum is constructed in accordance with paragraphs (a)-(d) CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 r.26 11 duty to provide statement that alternative vendors or supplier of monuments exist CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 r.36 12 power to approve certain activities under the Regulations if satisfied of regulation (1)(a)-(c) CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 r.38(2) 13 power to approve a person to drive, ride or use a vehicle on any surface other than a road, track or parking area CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 schedule 6, clause 4

14 power to approve the carrying out of an activity referred to in rules 8, 16, 17 and 18 of Schedule 6 CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 schedule 6, clause 5(1)

15 duty to display the hours during which pedestrian access is available to the cemetery CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 schedule 6, clause 5(2)

16 duty to notify the Secretary of, (a) the hours during which pedestrian access is available to the cemetery; and (b) any changes to those hours CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 schedule 6, clause 6(1)

17 power to give directions regarding the manner in which a funeral is to be conducted CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 schedule 6, clause 7(1)

18 power to give directions regarding the dressing of places of interment and memorials CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 schedule 6, clause 11(1)

19 power to remove objects from a memorial or place of interment CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 schedule 6, clause 11(2)

20 duty to ensure objects removed under sub rule (1) are disposed of in an appropriate manner CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 schedule 6, clause 12

21 power to inspect any work being carried out on memorials, places of interment and buildings for ceremonies CEMEO, CEMAO Council (MPCT)

Cemeteries and Crematoria Regulations 2005 schedule 6, clause 14

22 power to approve an animal to enter into or remain in a cemetery CEMEO, CEMAO Council (MPCT)

Domestic Animals Act 1994 s.41A(1) 38 power to declare a dog to be a menacing dog DRSE, MGEP, TLAEP, TLSR, TLSP, RANGR Council may delegate this power to an authorised officer Council

Environment Protection Act 1970 s.53M(3) 40 power to require further information DRSE, MGEP, TLEHO, EHO Council

Environment Protection Act 1970 s.53M(4) 41 duty to advise applicant that application is not to be dealt with DRSE, MGEP, TLEHO, EHO Council

Environment Protection Act 1970 s.53M(5) 42 duty to approve plans, issue permit or refuse permit DRSE, MGEP, TLEHO, EHO refusal must be ratified by Council or it is of no effect Council

Environment Protection Act 1970 s.53M(6) 43 power to refuse to issue septic tank permit DRSE, MGEP, TLEHO, EHO refusal must be ratified by Council or it is of no effect Council

Environment Protection Act 1970 s.53M(7) 44 duty to refuse to issue a permit in circumstances in (a)-(c) DRSE, MGEP, TLEHO, EHO refusal must be ratified by council or it is of no effect Council

Food Act 1984 s.19(2)(a) 3 power to direct by written order that the food premises be put into a clean and sanitary condition� TLEHO, EHO if section 19(1) applies Council

Food Act 1984 s.19(2)(b) 4 power to direct by written order that specified steps be taken to ensure that food prepared, sold or handled is safe andsuitable�

TLEHO, EHO if section 19(1) applies Council

Food Act 1984 s.19(4)(a) 5 power to direct that an order made under section 19(3)(a) or (b), (i) be affixed to a conspicuous part of the premises, and (ii) inform the public by notice in a published newspaper or otherwise

TLEHO, EHO if section 19(1) applies Council

Food Act 1984 s.19(4)(b) 6 duty to notify the Department of the making of the order DRSE, MGEP, TLAEP, TLEHO, EHO if section 19(1) applies Council

Food Act 1984 s.19(4)(c) 7 duty to notify the registration authority of the making of the order and any appeal and the outcome of the appeal� DRSE, MGEP, TLAEP, TLEHO, EHO If section 19(1) applies and if Council is not the registration authority Council

Food Act 1984 s.19(6)(a) 8 duty to revoke any order under s.19 if satisfied that an order has been complied with DRSE, MGEP, TLEHO, EHO if section 19(1) applies Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Food Act 1984 s.19(6)(b) 9 duty to give written notice of revocation under section 19(6)(a) if satisfied that an order has been complied with DRSE, MGEP, TLEHO, EHO if section 19(1) applies Council

Food Act 1984 s.19A(4)(b) 10 function of receiving notice from authorised officer DRSE, MGEP, TLAEP, TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.19BA(3) 11 duty to give notice of the variation or revocation of the order to the general public in the same manner as the originalnotice

DRSE, MGEP, TLAEP, TLEHO, EHO must be done by the same person as gave the original notice Council

Food Act 1984 s.19CB(4)(b)

12 power to request copy of records DRSE, MGEP, TLAEP, TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.19E(1)(d) 13 power to request a copy of the food safety program TLEHO, EHO where Council is the "registration authority" Council

Food Act 1984 s.19EA(3) 14 function of receiving a copy of any significant revision made to the food safety program � DRSE, MGEP, TLAEP, TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.19GB 15 power to request proprietor to provide written details of the name, qualification or experience of the current food safety supervisor DRSE, MGEP, TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.19H(5)(a) & (5)(b)

16 duty to take into account (a) the food safety performance of the food business; and (b) any guidelines issued by the Secretary in determining the frequency and intervals of the assessments and audits

DRSE, MGEP, TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.19I 17 duty to conduct a food safety assessment as required under section 19H TLEHO, EHO Subject to section 19J where Council is the registration authority Council

Food Act 1984 s.19IA(2) 18 duty to give written notice to proprietor if food safety requirements or section 19DC(2) have not been complied with unless subsection (3) applies TLEHO, EHO where Council is the registration authority Council

Food Act 1984 s.19M(4)(a)& (5)

19 power to conduct a food safety audit and take actions where deficiencies are identified N/A where council is the registration authority Council

Food Act 1984 s.19N 20 function of receiving information from a food safety auditor DRSE, MGEP, TLAEP, TLEHO, EHO where Council is the registration authority Council

Food Act 1984 s.19NA(1) 21 power to request food safety audit reports TLEHO, EHO Council

Food Act 1984 s.19U(3) 22 power to waive and vary the costs of a food safety audit if there are special circumstances� DRSE, MGEP, TLEHO Council

Food Act 1984 s.19U(4) 23 duty to ensure that information relating to costs of a food safety audit are available for inspection by the public� DRSE, MGEP, TLAEP, TLEHO Council

Food Act 1984 s.19UA 24 power to charge fees for conducting a food safety assessment or inspection� DRSE, MGEP, TLAEP, TLEHO except for an assessment required by a declaration under section 19C or an inspecton under sections 38B(1)(c) or 39

Council

Food Act 1984 s.19UA(4) 25 duty to consider proprietor's history of compliance in deciding whether to charge the fee� DRSE, MGEP, TLAEP, TLEHO Council

Food Act 1984 s.19UA(5) 26 duty to ensure that the method of determining a fee under subsection (3)(a) and the considerations that apply undersubsection (4) are available for inspection by the public

DRSE, MGEP, TLAEP, TLEHO, EHO Council

Food Act 1984 s.19W 27 power to direct a proprietor of a food premises to comply with any requirement under Part IIIB TLEHO, EHO power of registration only Council

Food Act 1984 s.19(W)(3)(a)

28 power to direct a proprietor of a food premises to have staff at the premises undertake training or instruction TLEHO, EHO power of registration only Council

Food Act 1984 s.19W(3)(b)

29 power to direct a proprietor of a food premises to have details of any staff training incorporated into the minimum records required to be kept or food safety program of the premises

TLEHO, EHO power of registration only Council

Food Act 1984 --- 36 power to register, renew or transfer registration TLEHO, EHO where Council is the registration authority. Refusal to grant/renew/transfer registration must be ratified by Council (see section 58A(2))

Council

Food Act 1984 s.35(B)(1) 37 power to recognise, in writing, the registration of another registration authority for a specified temporary or mobile foodpremise

TLEHO, EHO Council

Food Act 1984 s.38(3) 38 duty to consult with the Secretary about the proposed exemption under section 38(2) DRSE, MGEP, TLEHO Council

Food Act 1984 s.38AA(2) 39 function of being notified of operation DRSE, MGEP, TLAEP, TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.38AA(4) 40 duty to determine whether the food premises are exempt from the requirement of registration DRSE, MGEP, TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.38AA(5) 41 power to (a) request further information; or (b) advise the proprietor that the premises must be registered if thepremises are not exempt

TLEHO, EHO where council is the registration authority Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Food Act 1984 s.38AB(4) 42 power to fix a fee for the receipt of a notification under section 38AA in accordance with a declaration under subsection (1) DRSE, MGEP, TLEHO where council is the registration authority Council

Food Act 1984 s.38A(4) 43 power to request a copy of a completed food safety program template DRSE, MGEP, TLAEP, TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.38B(1)(a) 44 duty to assess the application and determine which class of food premises under section 19C the food premises belongs TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.38B(1)(b) 45 duty to ensure proprietor has complied with requirements of section 38A TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.38B(1)(c) 46 duty to inspect premises TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.38B(2) 47 duty to be satisfied of the matters in section 38B(2)(a)-(b) TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.38(D)(1) 48 duty to ensure compliance with the applicable provisions of section 38C and inspect the premises if required by section39

TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.38D(2) 49 duty to be satisfied of the matters in section 38D(2)(a)-(d) TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.38D(3) 50 power to request copies of any audit reports TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.38E(1)(c) 51 function of assessing the requirement for a food safety program TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.38E(2) 52 power to register the food premises on a conditional basis TLEHO, EHO where council is the registration authority; not exceeding the prescribed time limit defined under subsection (5). (MPS imposed condition - Actions of EHO to be approved by TLEHO).

Council

Food Act 1984 s.38E(3)(a) 53 function of receiving certificates DRSE, MGEP, TLAEP, TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.38E(4) 54 duty to register the food premises when conditions are satisfied DRSE, MGEP, TLAEP, TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.38F(3)(a) 55 duty to note the change to the classification of the food premises on the certificate of registration DRSE, MGEP, TLAEP, TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.38F(3)(b) 56 power to require proprietor to comply with requirements of this Act DRSE, MGEP, TLAEP, TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.39(2) 57 duty to inspect within 12 months before renewal of registration DRSE, MGEP, TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.39(3) 58 duty to inspect within 3 months before renewal of registration if circumstances in sectin 39(3)(a)-(d) apply DRSE, MGEP, TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.39A 59 power to register, review or transfer food premises despite minor defects DRSE, MGEP, TLEHO, EHO where council is the registration authority. Only if satisfied of matters in subsections (2)(a)-(c)

Council

Food Act 1984 s.39A(6) 60 duty to comply with direction of Secretary. DRSE, MGEP, TLEHO, EHO Council

Food Act 1984 s.40(1) 61 duty to issue a certificate of registration in the prescribed form DRSE, MGEP, TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.40(2) 62 power to incorporate the certificate of registration in one document with any certificate of registration under Part 6 of the Public Health and Wellbeing Act 2008 DRSE, MGEP, TLEHO, EHO Council

Food Act 1984 s.40C(2) 63 power to grant or renew the registration of food premises for a period of less than 1 year. DRSE, MGEP, TLEHO, EHO where council is the registration authority Council

Food Act 1984 s.40D(1) 64 power to suspend or revoke the registration of food premises DRSE, MGEP, TLEHO, EHO where council is the registration authority. MPS imposed condition - EHO must report the decision to the DRSE within 24 hours

Council

Food Act 1984 s.40D(2) 65 duty to specify how long a suspension is to last under s.40D(1) DRSE, MGEP, TLEHO, EHO where council is the registration authority MPS imposed condition - EHO must report the decision to the DRSE within 24 hours

Council

Food Act 1984 s.40E(4) 66 duty to comply with direction of Secretary DRSE, MGEP, TLAEP, TLEHO, EHO Council

Food Act 1984 s.43(1) and (2)

67 duty to maintain records of the prescribed particulars and orders in force under Part III DRSE, MGEP, TLEHO, EHO where Council is the registration authority Council

Food Act 1984 s.43(3) 68 duty to make available information held in records, free of charge, on request DRSE, MGEP, TLEHO, EHO where Council is the registration authority Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Food Act 1984 s.46(5) 71 power to institute proceedings against another person where the offence was due to an act or default by that other person and where the first person charged could successfully defend a prosecution, without proceedings first being instituted against the person first charged

DRSE, MGEP, TLEHO, EHO where Council is the registration authority Council

Heritage Act 1995 s.84(2) 10 power to sub-delegate Executive Director's functions NIL must obtain Executive Director's written consent first. Council

Miscellaneous - MPS - Finance Issues 8 Approve tenders and contracts up to $1,000,000 (one million dollars) for Goods and Services and Works during the period following the final Council or Special Purposes Committee Meeting of the calander year and the first Council or Special Purposes Committee of the following year.

CEO To be in accordance with the Shire's Procurement Policy and the CEO's current Instrument of Delegation.

Council

Miscellaneous - MPS - Finance Issues 9 Approve tenders and contracts greater than $150,000 (one hundred and fifty thousand dollars) for Goods and Services and greater than $200,000 (two hundred thousand dollars) for Works where the successful tenderer is not the lowest tender.

NIL To be in accordance with the Shire's Procurement Policy. Council

Planning and Environment (Fees) Regulations 2000

r.13(1) power to waive or rebate fee in prescribed circumstances DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC

Council

Planning and Environment (Fees) Regulations 2000

r.13(2) power to waive or rebate fee for amendment to a planning scheme in prescribed circumstances DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC

Council

Planning and Environment (Fees) Regulations 2000

r.13(3) duty if fee waived or rebated to record in writing the matters taken into account and which formed the basis of the decision DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC

Council

Planning and Environment Act 1987 s.4B power to prepare an amendment to the Victoria Planning Provisions DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC

if authorised by the Minister Council

Planning and Environment Act 1987 s.4G function of receiving prescribed documents and a copy of the Victoria Planning Provisions from the Minister DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.4H duty to make amendment etc to Victoria Planning Provisions available DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.4I duty to keep Victoria Planning Provisions and other documents available DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s. 8A(3) power to apply to Minister to prepare an amendment to the planning scheme DRSE, MGSTY, MGSTC Council

Planning and Environment Act 1987 s.11(3)(b) duty to submit amendment to planning scheme to Minister for approval if the Minister withdraws authorisation DRSE, MGSTY, MGSTC Council

Planning and Environment Act 1987 s.12(3) s.12(3) power to carry out studies and do things to ensure proper use of land and consult with other persons to ensure co-ordination of planning scheme with these persons

DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO, STCHD, STCNS, STCPC

Council

Planning and Environment Act 1987 s 12A (1) duty to prepare a municipal strategic statement (including power to prepare a municipal strategic statement under section 19 of the Planning and Environment (Planning Schemes) Act 1996)

DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.12B(1) duty to review planning scheme DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Any review to be approved by Council Council

Planning and Environment Act 1987 s.12B(2) duty to review planning scheme at direction of Minister DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Any review to be approved by Council Council

Planning and Environment Act 1987 s.12B(5) duty to report findings of review of planning scheme to Minister without delay DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

The Council must have first adopted the findings of the planning scheme review

Council

Planning and Environment Act 1987 s.12(3) power to carry out studies and do things to ensure proper use of land in which Council is the planning authority and consult with other persons to ensure co-ordination of planning scheme with these persons

DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.14 duties of a Responsible Authority as set out in subsections (a) to (d) DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, PLCO, VEGO

Council

Planning and Environment Act 1987 s.17(1) duty of giving copy amendment to the planning scheme DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.17(2) duty of giving copy s.173 agreement DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, TLDC, MBS, DMBS, STCSP, STCPP, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.18 duty to make amendment etc. available DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Planning and Environment Act 1987 s.19 power to give notice, to decide not to give notice, to publish notice of amendment to a planning scheme and to exercise any other power under section 19 to a planning scheme

DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.20(1) power to apply to Minister for exemption from the requirements of section 19 DRSE, MGSTY, MGSTC Council

Planning and Environment Act 1987 s.21(2) duty to make submissions available DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.21A(4) duty to publish notice in accordance with section DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.22 duty to consider all submissions DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.23(2) power to refer submissions to a panel DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.24 function to represent council and present a submission at a panel hearing (including a hearing referred to in section 96D) DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.26(1) power to make report available for inspection DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.26(2) duty to keep report of panel available for inspection DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.27(2) power to apply for exemption if panel's report not received DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO , VEGO

Council

Planning and Environment Act 1987 s.28 duty to notify the Minister if abandoning an amendment DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS

Council

Planning and Environment Act 1987 s.30(4)(a) duty to say if amendment has lapsed DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.30(4)(b) duty to provide information in writing upon request DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.31 duty to submit adopted amendment to Minister and, if applicable, details under section 19(1B) DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.32(2) duty to give more notice if required DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.33(1) duty to give more notice of changes to an amendment DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.35A(2) duty to not approve an amendment under section 35B unless the amendment has been certified by the Secretary DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.35B(1) power to approve amendment in form certified under section 35A DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY

Council

Planning and Environment Act 1987 s.35B(2) duty to give to Minister notice of approval, copy of approved amendment and other documents DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, VEGO, VEGSO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.36(2) duty to give notice of approval of amendment DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.38(5) duty to give notice of revocation of an amendment DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.39 function of being a party to a proceeding commenced under section 39 and duty to comply with determination by VCAT DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Planning and Environment Act 1987 s.40(1) function of lodging copy of approved amendment DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.40(1A) duty to lodge prescribed documents and copy of approved amendment with the relevant authorities DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.41 duty to make approved amendment available DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.42 duty to make copy of planning scheme available DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.46N(1) duty to include condition in permit regarding payment of development infrastructure levy DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.46N(2)(c) function of determining time and manner for receipt of development contributions levy DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.46N(2)(d) power to enter into an agreement with the applicant regarding payment of development infrastructure levy DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY

Council

Planning and Environment Act 1987 s.46O(1)(a)& (2)(a)

power to ensure that community infrastructure levy is paid, or agreement is in place, prior to issuing building permit DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY

Council

Planning and Environment Act 1987 s.46O(1)(d)& (2)(d)

power to enter into agreement with the applicant regarding payment of community infrastructure levy DRSE, MGSTY, MGSTC Council

Planning and Environment Act 1987 s.46P(1) power to require payment of amount of levy under section 46N or section 46O to be satisfactorily secured DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY

Council

Planning and Environment Act 1987 s.46P(2) power to accept provision of land, works, services or facilities in part or full payment of levy payable DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY

Council

Planning and Environment Act 1987 s.46Q(1) duty to keep proper accounts of levies paid DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.46Q(1A) duty to forward to development agency part of levy imposed for carrying out works, services, or facilities on behalf of development agency DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.46Q(2) duty to apply levy only for a purpose relating to the provision of the works, services and facilities in respect of which the levy was paid etc. DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.46Q(3) power to refund any amount of levy paid if it is satisfied the development is not to proceed DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

only applies when levy is paid to Council as a 'development agency' Council

Planning and Environment Act 1987 s.46Q(4)(c) duty to pay amount to current owners of land in the area DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

must be done within six months of the end of the period required by the development contributions plan and with the consent of, and in the manner approved by, the Minister

Council

Planning and Environment Act 1987 s.46Q(4)(d) duty to submit to the Minister an amendment to the approved development contributions plan DRSE, MGSTY, MGSTC must be done in accordance with Part 3 Council

Planning and Environment Act 1987 s46Q(4)(e) duty to expend that amount on other works etc. DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

with the consent of, and in the manner approved by, the Minister Council

Planning and Environment Act 1987 s.46QC power to recover any amount of levy payable under Part 3B DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.46V(3) duty to make a copy of the approved strategy plan (being the Melbourne Airport Environs Strategy Plan) and any documents lodged with it available N/A Council

Planning and Environment Act 1987 s.46Y duty to carry out works in conformity with the approved strategy plan N/A Council

Planning and Environment Act 1987 s.47 power to decide that an application for a planning permit does not comply with that Act DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.49(1) duty to keep a register of all applications for permits and determinations relating to permits DRSE, MGSTY, MGSTC, MGEP,TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.49(2) duty to make register available for inspection DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Planning and Environment Act 1987 s.50(4) duty to amend application DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.50(5) power to refuse to amend application DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.50(6) duty to make note of amendment to application in register DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.50A(1) power to make amendment to application DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.50A(3) power to require applicant to notify owner and make a declaration that notice has been given DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.50A(4) duty to note amendment to application in register DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.51 duty to make copy of application available for inspection DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.52(1)(a) duty to give notice of the application to owners/occupiers of adjoining allotments unless satisfied that the grant of permit would not cause material detriment to any person

DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.52(1)(b) duty to give notice of the application to other municipal councils where appropriate DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.52(1)(c) duty to give notice of the application to all persons required by the planning scheme DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.52(1)(ca) duty to give notice of the application to owners and occupiers of land benefited by a registered restrictive covenant if may result in breach of covenant DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.52(1)(cb) duty to give notice of the application to owners and occupiers of land benefited by a registered restrictive covenant if application is to remove or vary the covenant

DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.52(1)(d) duty to give notice of the application to other persons whomay be detrimentally effected

DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.52(1AA) duty to give notice of an application to remove or vary a registered restrictive covenant DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.52(1A) power to refuse an application DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.52(3) power to give any further notice of an application where appropriate DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.53(1) power to require the applicant to give notice under section 52(1) to persons specified by it DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.53(1A) power to require the applicant to give the notice under section 52(1AA) DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC , STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.54(1) power to require the applicant to provide more information DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.54(1A) duty to give notice in writing of information required under section 54(1) DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Planning and Environment Act 1987 s.54(1B) duty to specify the lapse date for an application DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.54A(3) power to decide to extend time or refuse to extend time to give required information DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.54A(4) duty to give written notice of decision to extend or refuse to extend time und section 54A(3) DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.55(1) duty to give copy application to every referral authority specified in the planning scheme DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.57(2A) power to reject objections considered made primarily for commercial advantage for the objector DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.57(3) function of receiving name and address of persons to whom notice of decision is to go DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.57(5) duty to make available for inspection copy of all objections DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.57A(4) duty to amend application in accordance with applicant's request, subject to section 57A(5) DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.57A(5) power to refuse to amend application DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.57A(6) duty to note amendments to application in register DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.57B(1) duty to determine whether and to whom notice should be given DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.57B(2) duty to consider certain matters in determining whether notice should be given DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.57C(1) duty to give copy of amended application to referral authority DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.58 duty to consider every application for a permit except for a development assessment committee application DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.60 duty to consider certain matters DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s60(1A) power to consider certain matters before deciding on application DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.61(1)(a) power to decide to grant a permit DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

the permit must not be inconsistent with a cultural heritage management plan under the Aboriginal Heritage Act 2006

Council

Planning and Environment Act 1987 s.61(1)(b) power to decide to grant a permit with conditions DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

the permit must not be inconsistent with a cultural heritage management plan under the Aboriginal Heritage Act 2006

Council

Planning and Environment Act 1987 s.61(1)(c) power to refuse the permit DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.61(2) duty to decide to refuse to grant a permit if referral authority objects to grant of permit DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Planning and Environment Act 1987 s.61(3)(a) duty not to decide to grant a permit to use coastal Crown land without Minister’s consent DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.61(3)(b) duty to refuse to grant the permit without the Minister's consent DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.61(4) duty to refuse to grant the permit if grant would authorise a breach of a registered restrictive covenant DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.62(1) duty to include certain conditions in deciding to grant a permit DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.62(2) power to include other conditions DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.62(4) duty to ensure conditions are consistent with paragraphs (a),(b) and (c) DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.62(5)(a) power to include a permit condition to implement an approved development contributions plan DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.62(5)(b) power to include a permit condition that specified works be provided on or to the land or paid for in accordance with section 173 agreement DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.62(5)(c) power to include a permit condition that specified works be provided or paid for by the applicant DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.62(6)(a) duty not to include a permit condition requiring a person to pay an amount for or provide works except in accordance with section 62(5) or section 46N DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.62(6)(b) duty not to include a permit condition requiring a person to pay an amount for or provide works except a condition that a planning scheme requires to be included as referred to in section 62(1)(a)

DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.63 duty to issue the permit where made a decision in favour of the application (if no one has objected) DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.64(1) duty to give notice of decision to grant a permit to applicant and objectors DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.64(3) duty not to issue a permit until after the specified period DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.64(5) duty to give each objector a copy of an exempt decision DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.65(1) duty to give notice of refusal to grant permit to applicant and objector DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.66 duty to give notice under section 64 or section 65 and copy permit to referral authorities DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.69(1) function of receiving application for extension of time of permit DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.69(2) power to extend time DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.70 duty to make copy permit available for inspection DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Planning and Environment Act 1987 s.71(1) power to correct certain mistakes DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.71(2) duty to note corrections in register DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.73 power to decide to grant amendment subject to conditions DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.74 duty to issue amended permit to applicant if no objectors DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.76 duty to give applicant and objectors notice of decision to refuse to grant amendment to permit DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.76A duty to give referral authorities copy of amended permit and copy of notice DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.76D duty to comply with direction of Minister to issue amended permit DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.83 function of being respondent to an appeal DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.83B duty to give or publish notice of application for review DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.84(1) power to decide on an application at any time after an appeal is lodged against failure to grant a permit DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.84(2) duty not to issue a permit or notice of decision or refusal after an application is made for review of a failure to grant a permit DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.84(3) duty to tell principal registrar if decide to grant a permit after an application is made for review of its failure to grant a permit DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.84(6) duty to issue permit on receipt of advice within 3 working days DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.86 duty to issue a permit at order of Tribunal within 3 working days DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.87(3) power to apply to VCAT for the cancellation or amendment of a permit DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.90(1) function of being heard at hearing of request for cancellation or amendment of a permit DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.91(2) duty to comply with the directions of VCAT DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, TLDC, MBS, DMBS, STCSP, STCPP, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.91(2A) Duty to issue amended permit to owner if Tribunal so directs DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, TLDC, MBS, DMBS, STCSP, STCPP, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.92 duty to give notice of cancellation/amendment of permit by VCAT to persons entitled to be heard under section 90 DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.93(2) duty to give notice of VCAT order to stop development DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, TLDC, MBS, DMBS, STCSP, STCPP, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Planning and Environment Act 1987 s.95(3) function of referring certain applications to the Minister DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.95(4) duty to comply with an order or direction DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, TLDC, MBS, DMBS, STCSP, STCPP, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.96(1) duty to obtain a permit from the Minister to use and develop its land DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.96(2) function of giving consent to other persons to apply to the Minister for a permit to use and develop Council land DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.96A(2) power to agree to consider an application for permit concurrently with preparation of proposed amendment DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.96C power to give notice, to decide not to give notice, to publish notice and to exercise any other power under section 96C DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.96F duty to consider the panel's report under section 96E DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.96G(1) power to determine to recommend that a permit be granted or to refuse to recommend that a permit be granted and power to notify applicant of the determination (including power to give notice under section 23 of the Planning and Environment (Planning Schemes) Act 1996)

DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.96H power to give notice in compliance with Minister's direction DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.96J power to issue permit as directed by the Minister DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.96K duty to comply with direction of the Minister to give notice of refusal DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.97C power to request Minister to decide the application DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.97D(1) duty to comply with directions of Minister to supply any document or assistance relating to application DRSE, MGSTY, MGSTC Council

Planning and Environment Act 1987 s.97G(3) function of receiving from Minister copy of notice of refusal to grant permit or copy of any permit granted by the Minister DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.97G(6) duty to make a copy of permits issued under section 97F available for inspection DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.97L duty to include Ministerial decisions in a register kept under section 49 DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.97MCA(2)

function of consulting with advisory committee regarding the areas for which the Development Assessment Committee is to be established DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS

Council

Planning and Environment Act 1987 s.97MG duty to provide documents and information to development assessment committee DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.97MH duty to provide assistance to the development assessment committee DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.97MJ(2) duty to ensure that the register of applications specifies whether the development assessment committee has made the decision DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.97MK function of nominating member of the development assessment committee DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Planning and Environment Act 1987 s.97ML(4) power to nominate alternate members of the development assessment committee DRSE, MGSTY, MGSTC Council

Planning and Environment Act 1987 s.97O duty to consider application and issue or refuse to issue certificate of compliance DRSE, MGSTY, MGSTC, MGE, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.97P(3) duty to comply with directions of VCAT following an application for review of a failure or refusal to issue a certificate DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, TLDC, MBS, DMBS, STCSP, STCPP, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.97Q(2) function of being heard by VCAT at hearing of request for amendment or cancellation of certificate DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.97Q(4) duty to comply with directions of VCAT DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, TLDC, MBS, DMBS, STCSP, STCPP, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.97R duty to keep register of all applications for certificate of compliance and related decisions DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.98(1)&(2) function of receiving claim for compensation in certain circumstances DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.98(4) duty to inform any person of the name of the person from whom compensation can be claimed DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.101 function of receiving claim for expenses in conjunction with claim DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.103 power to reject a claim for compensation in certain circumstances DRSE, MGSTY, MGSTC, MGEP Council

Planning and Environment Act 1987 s.107 function of receiving claim for compensation DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.114(1) power to apply to the VCAT for an enforcement order DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLCO, TLDC, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.117(1)(a) function of making a submission to the VCAT where objections are received DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLCO, TLDC, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.120(1) power to apply for an interim enforcement order where section 114 application has been made DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLCO, TLDC, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.123(1) power to carry out work required by enforcement order and recover costs DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLCO, TLDC, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.123(2) power to sell buildings, materials, etc salvaged in carrying out work under section 123(1) DRSE, MGSTY, MGSTC, MGEP, TLDC, MBS, DMBS MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.125 power to apply for an injunction restraining a person from contravening an enforcement order or interim enforcement order DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, PLCO, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.129 function of recovering penalties DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, PLCO, VEGO

Council

Planning and Environment Act 1987 s.130(5) power to allow person served with an infringement notice further time DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLAEP, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, PLCO, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.149A(1) power to refer a matter to the VCAT for determination DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.156 duty to pay fees and allowances (including a payment to the Crown under subsection (2A)), and payment or reimbursement for reasonable costs and expenses incurred by the panel in carrying out its functions unless the Minister directs otherwise under subsection (2B)power to ask for contribution under subsection (3) and power to abandon amendment or part of it under subsection (4)

DRSE, MGSTY, MGSTC, MGEP where Council is the relevant planning authority Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Planning and Environment Act 1987 s.171(2)(f) power to carry out studies and commission reports DRSE, MGSTY, MGSTC, MGEP Council

Planning and Environment Act 1987 s.171(2)(g) power to grant and reserve easements DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, VEGO

Council

Planning and Environment Act 1987 s.173 power to enter into agreement covering matters set out in section 174 DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 _ _ _ power to decide whether something is to the satisfaction of Council, where an agreement made under section 173 of the Planning and Environment Act 1987 requires something to be to the satisfaction of Council or Responsible Authority

DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, MBS, DMBS, PLCO, STCHD, STCNS, STCPC, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 _ _ _ power to give consent on behalf of Council, where an agreement made under section 173 of the Planning and Environment Act 1987 requires that something may not be done without the consent of Council or Responsible Authority

DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, MBS, DMBS, STCHD, STCNS, STCPC, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.177(2) power to end a section 173 agreement with approval of the Minister or the consent of all those bound by any covenant in the agreement DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.178 power to amend a s.173 agreement DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.179(1) duty to lodge agreement with Minister DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.179(2) duty to make available for inspection copy agreement DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.181 power to apply to the Registrar of Titles for registration of the agreement and to deliver a memorial to Registrar-General DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.182 power to enforce an agreement DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.183 duty to tell Registrar of Titles of ending/amendment of agreement DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, TLDC, MBS, DMBS, STCSP, STCPP, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 s.198(1) function to receive application for planning certificate DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.199(1) duty to give planning certificate to applicant DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.201(1) function of receiving application for declaration of underlying zoning DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.201(3) duty to make declaration DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 _ _ _ power to decide, in relation to any planning scheme or permit, that a specified thing has or has not been done to the satisfaction of Council DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 _ _ _ power, in relation to any planning scheme or permit, to consent or refuse to consent to any matter which requires the consent or approval of Council DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 _ _ _ power to approve any plan or any amendment to a plan or other document in accordance with a provision of a planning scheme or condition in a permit DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Act 1987 _ _ _ power to give written authorisation in accordance with a provision of a planning scheme DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, TLDC, MBS, DMBS, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Planning and Environment Act 1987 s.201UAB(1)

function of providing the Growth Areas Authority with information relating to any land within municipal district DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Act 1987 s.201UAB(2)

duty to provide the Growth Areas Authority with information requested under subsection (1) as soon as possible DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Regulations 2005 r.6 duty of responsible authority to provide copy of matter considered under section 60(1A)(g) for inspection free of charge DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Regulations 2005 r.7 duty of responsible authority to provide copy information or report requested by Minister DRSE, MGSTY, MGSTC, MGEP, TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC, STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, STCSP, STCPP, VEGO

Council

Planning and Environment Regulations 2005 r.22 power of responsible authority to require verification of information (by statutory declaration or other written confirmation satisfactory to the responsible authority) in application for permit or to amend a permit or any information provided under section 54 of the Act

DRSE, MGSTY, MGSTC, MGEP , TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, TLDC, MBS, DMBS, STCSP, STCPP, STCSP, STCPP, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Planning and Environment Regulations 2005 r.55 duty of responsible authority to tell Registrar of Titles under r.183 of the Act of the cancellation or amendment of an agreement DRSE, MGSTY, MGSTC, MGEP , TLSSR, TLSTP, TLSTY, TLPLS, CISTY, STYPC STYP, STCP, PASTY, SUBDO, PLSC, STYPD, SPLSO, PLSUP, STCSO, TLDC, MBS, DMBS, STCSP, STCPP, VEGO

MPS imposed condition - the DMBS will exercise the delegation when requested to do so by the MBS or in instances when the MBS is not reasonably available.

Council

Rail Safety Act 2006 s.33 1 duty to comply with a direction of the Safety Director under this section DRSI, MGIST, TLTRS duty of council as a utility under s3 Council

Rail Safety Act 2006 s.33A 2 duty to comply with a direction of the Safety Director to give effect to arrangements under this section DRSI, MGIST, TLTRS duty of council as a road authority under the Road Management Act 2004

Council

Rail Safety Act 2006 s.34 3 duty to comply with a direction of the Safety Director to alter, demolish or take away works carried out contrary to a direction under s33(1) DRSI, MGIST, TLTRS duty of council as a utility under s3 Council

Rail Safety Act 2006 s.34C(2) 4 function of entering into safety interface agreements with rail infrastructure manager DRSI, MGIST, TLTRS where council is the relevant road manager Council

Rail Safety Act 2006 s.34D(1) 5 function of working in conjunction with rail infrastructure manager in determining whether risks to safety need to be managed DRSI, MGIST, TLTRS where council is the relevant road manager Council

Rail Safety Act 2006 s.34D(2) 6 function of receiving written notice of opinion DRSI, MGIST, TLTRS where council is the relevant road manager Council

Rail Safety Act 2006 s.34D(4) 7 function of entering into safety inferface agreement with infrastructure manager DRSI, MGIST, TLTRS where council is the relevant road manager Council

Rail Safety Act 2006 s.34E(1)(a) 8 duty to identify and assess risks to safety DRSI, MGIST, TLTRS where council is the relevant road manager Council

Rail Safety Act 2006 s.34E(1)(b) 9 duty to determine measures to manage any risks identified and assessed having regard to items set out in section 34E(2)(a)-(c) DRSI, MGIST, TLTRS where council is the relevant road manager Council

Rail Safety Act 2006 s.34E(3) 10 duty to seek to enter into a safety interface agreement with rail infrastructure manager DRSI, MGIST, TLTRS where council is the relevant road manager Council

Rail Safety Act 2006 s.34F(1)(a) 11 duty to identify and assess risks to safety, if written notice has been received under section 34D(2)(a) DRSI, MGIST, TLTRS where council is the relevant road manager Council

Rail Safety Act 2006 s.34F(1)(b) 12 duty to determine measures to manage any risks identified and assessed, if written notice has been received under section 34D(2)(a) DRSI, MGIST, TLTRS where council is the relevant road manager Council

Rail Safety Act 2006 s.34F(2) 13 duty to seek to enter into a safety interface agreement withrail infrastructure manager

DRSI, MGIST, TLTRS where council is the relevant road manager Council

Rail Safety Act 2006 s.34H 14 power to identify and assess risks to safety as required under sections 34B, 34C, 34D, 34E or 34F in accordance with subsections (a)-(c) DRSI, MGIST, TLTRS where council is the relevant road manager Council

Rail Safety Act 2006 s.34I 15 function of entering into safety interface agreements DRSI, MGIST, TLTRS where council is the relevant road manager Council

Rail Safety Act 2006 s.34J(2) 16 function of receiving notice from Safety Director DRSI, MGIST, TLTRS where council is the relevant road manager Council

Rail Safety Act 2006 s.34J(7) 17 duty to comply with a direction of the Safety Director given under section 34J(5) DRSI, MGIST, TLTRS where council is the relevant road manager Council

Rail Safety Act 2006 s.34K(2) 18 duty to maintain a register of items set out in subsections (a)-(b) DRSI, MGIST, TLTRS where council is the relevant road manager Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.7 1 function of entering into a written agreement with a caravan park owner DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.11 2 function of receiving applications for registration DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.13(1) & (2)

3 duty to grant registration received under regulation 11, if satisfied of (a) and (b) if (a) & (b) is satisfied DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.13(2) 4 duty to grant renew registration received under regulation 12, if satisfied of (a) and (b) DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS

see also r.13(3) Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.13(3) 5 duty to have regard to items (a) – (f) when considering an application for registration or renewal of registration DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS

see also r.13(3) Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.13(4) & (5)

6 duty to issue a certificate of registration on granting registration DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.13(5) 7 duty to issue a certificate of renewal upon renewing registration DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.15(1) 9 function of receiving notice of transfer of ownership DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.15(3) 10 power to determine where notice of transfer is displayed DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.16(1) 12 duty to transfer registration to new caravan park owner DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.16(2) 13 duty to issue certificate of transfer of registration DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.17(1) 14 power to determine registration the fee in accordance with this regulationto accompany applications for registration or applications for renewal of registration

DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.18 15 duty to keep register of caravan parks DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.19(4) 16 power to determine where the emergency contact person's details are displayed DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.19(6) 17 power to determine where certain information is displayed DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.22(6) 18 duty to notify caravan park owners of emergency service agencies DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.22(7) 19 duty to consult with relevant emergency services agency DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.23(2) 20 power to determine places in which caravan park owner must display a copy of emergency procedures DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.24(1) 21 power to determine places in which caravan park owner must display copy of public emergency warnings DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.25(3) 22 duty to consult with relevant floodplain management authority DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.26 23 duty to have regard to any report of the relevant fire authority DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.28(c) 24 power to approve system for the collection, removal and disposal of sewage and waste water from a movable dwelling DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.39 25 function of receiving notice of proposed installation of unregistrable movable dwelling or rigid annexe DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.39(b) 26 power to require notice of proposal to install unregistrable movable dwelling or rigid annexe DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.40(4) 27 function of receiving installation certificate DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

r.42 28 power to approve use of a non-habitable structure as a dwelling or part of a dwelling DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010

Schedule 3clause 4(3)

29 power to approve the removal of wheels and axles from unregistrable movable dwelling DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies Act 1997 s.142D 1 function of receiving notice regarding an unregistered rooming house DRSE, MGEP, TLAEP, TLSR, TLSP, TLDC, TLEHO, MBS, DMBS, MFPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Residential Tenancies Act 1997 s.252 2 power to give tenant a notice to vacate rented premises if subsection (1) applies DRSO, MGPV where council is the landlord Council

Residential Tenancies Act 1997 s.262(1) 3 power to give tenant a notice to vacate rented premises DRSO, MGPV where council is the landlord Council

Residential Tenancies Act 1997 s.262(3) 4 power to publish its criteria for eligibility for the provision of housing by council DRSO, MGPV Council

Residential Tenancies Act 1997 s.518F 5 power to issue notice to caravan park regarding emergency management plan if determined that the plan does not comply with the requirements DRSO, MGPV Council

Residential Tenancies Act 1997 s.522(1) 6 power to give a compliance notice to a person DRSE, MGEP, TLEHO, EHO,MPFO, MBS, DRSO, MGPV, TLPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Residential Tenancies Act 1997 s.525(2) 7 power to authorise an officer to exercise powers in s.526 (either generally or in a particular case) DRSO, MGGCS, TLGOV, MGPV, TLPS Council

Residential Tenancies Act 1997 s.525(4) 8 duty to issue identity card to authorised officers DRSO, MGGCS, TLGOV Council

Residential Tenancies Act 1997 s.526(5) 9 duty to keep record of entry by authorised officer under section 526 DRSE, MGEP, TLEHO, EHO, MPFO, MBS Council

Residential Tenancies Act 1997 s.526A(3) 10 function of receiving report of inspection DRSE, MGEP, TLEHO, EHO, MPFO, MBS Council

Residential Tenancies Act 1997 s.527 11 authorise a person to institute proceedings (either generally or in a particular case) DRSO, MGGCS, TLGOV, DRSE, MGEP, TLEHO, MBS, MFPO, MGPV, TLPO

MPS imposed condition - in the absence of the MBS, the Deputy MBS will be authorised to exercise the delegation.

Council

Road Management (General) Regulations 2005 r.301(1) 1 duty to conduct reviews of road management plan DRSI, MGIST, TLAM Council

Road Management (General) Regulations 2005 r.302(2) 2 duty to give notice of review of road management plan DRSI, MGIST, TLAM Council

Road Management (General) Regulations 2005 r.302(5) 3 duty to produce written report of review of road management plan and make report available DRSI, MGIST, TLAM Council

Road Management (General) Regulations 2005 r.303 4 duty to give notice of amendment which relates to standard of construction, inspection, maintenance or repair under section 41 of the Act DRSI, MGIST, TLAM Council

Road Management (General) Regulations 2005 r.306(2) 5 duty to record on road management plan the substance and date of effect of amendment DRSI, MGIST, TLAM Council

Road Management (General) Regulations 2005 r.501(1) 6 power to issue permit DRSI, MGIST, TLTRS power of coordinating road authority Council

Road Management (General) Regulations 2005 r.501(4) 7 power to charge fee for issuing permit under r.501(1) DRSI, MGIST, TLTRS power of coordinating road authority Council

Road Management (General) Regulations 2005 r.503(1) 8 power to give written consent to person to drive on road a vehicle which is likely to cause damage to road DRSI, MGIST, TLTRS power of coordinating road authority Council

Road Management (General) Regulations 2005 r.508(3) 9 power to make submission to Tribunal DRSI, MGIPR, TLCAP power of coordinating road authority Council

Road Management (General) Regulations 2005 r.509(1) 10 power to remove objects, refuse, rubbish or other material deposited or left on road DRSI, MGIPR, TLCAP power of responsible road authority Council

Road Management (General) Regulations 2005 r.509(2) 11 power to sell or destroy things removed from road or part of road (after first complying with r.509(3) DRSI, MGIPR, TLCAP power of responsible road authority Council

Road Management (General) Regulations 2005 r.509(4) 12 power to recover in the Magistrates' Court, expenses from person responsible DRSI, MGIPR, TLCAP Council

Road Management (Works and Infrastructure) Regulations 2005

r.10 1 power, where consent given under s.63(1) of the Act, to exempt a person from requirement under clause 13(1) of Schedule 7 to that Act to give notice as to the completion of those work

DRSI power of coordinating road authority Council

Road Management (Works and Infrastructure) Regulations 2005

r.18(2) 2 power to waive whole or part of fee in certain circumstances DRSI power of coordinating road authority Council

Road Management Act 2004 s.11(1) 1 power to declare a road by publishing a notice in the Government Gazette NIL obtain consent in circumstances specified in s11(2) Council

Road Management Act 2004 s.11(8) 2 power to name a road or change the name of a road by publishing notice in Government Gazette NIL Council

Road Management Act 2004 s.11(9)(b) 3 duty to advise Registrar NIL Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Road Management Act 2004 s.11(10) 4 duty to inform Secretary to Department of Sustainability and Environment of declaration etc. NIL clause subject to s11(10A) Council

Road Management Act 2004 s.11(10A) 5 duty to inform Secretary to Department of Sustainability and Environment or nominated person DRSI, MGIST, TLTRS, TLAM duty of coordinating road authority Council

Road Management Act 2004 s.12(2) 6 power to discontinue road or part of a road DRSI, MGIST, TLTRS power of coordinating road authority Council

Road Management Act 2004 s.12(4) 7 power to publish, and provide copy, notice of proposed discontinuance DRSI, MGIST, TLTRS •power of coordinating road authority where it is the discontinuing body•unless subsection (11) applies

Council

Road Management Act 2004 s.12(5) 8 duty to consider written submissions received within 28 days of notice DRSI, MGIST, TLTRS •�duty of coordinating road authority where it is the discontinuing body•�unless subsection (11) applies

Council

Road Management Act 2004 s.12(6) 9 function of hearing a person in support of their written submission DRSI, MGIST, TLTRS •�function of coordinating road authority where it is the discontinuing body•�unless subsection (11) applies

Council

Road Management Act 2004 s.12(7) 10 duty to fix day, time and place of meeting under subsection (6) and to give notice DRSI, MGIST, TLTRS •�duty of coordinating road authority where it is the discontinuing body•�unless subsection (11) applies

Council

Road Management Act 2004 s.12(10) 11 duty to notify of decision made DRSI, MGIST power of coordinating road authority Council

Road Management Act 2004 s.13(1) 12 power to fix a boundary road by publishing notice in Government Gazette DRSI, MGIST power of coordinating road authority and obtain consent under s13(3) and s13(4) as appropriate

Council

Road Management Act 2004 s.14(4) 13 function of receiving notice from VicRoads DRSI, MGIST Council

Road Management Act 2004 s.14(7) 15 power to appeal against decision of VicRoads DRSI Council

Road Management Act 2004 s.15(1) 16 power to enter into arrangement with another road authority, utility or a provider of public transport to transfer a road management function of the road authority to the other road authority, utility or provider of public transport

DRSI, MGIST Council

Road Management Act 2004 s.15(1A) 17 power to enter into arrangement with a utility to transfer a road management function of the utility to the road authority DRSI, MGIST Council

Road Management Act 2004 s.15(2) 18 duty to include details of arrangement in public roads register DRSI, MGIST Council

Road Management Act 2004 s.16(7) 19 power to enter into an arrangement under s15 DRSI, MGIST Council

Road Management Act 2004 s.16(8) 20 duty to enter details of determination in public roads register DRSI, MGIST Council

Road Management Act 2004 s.17(2) 21 duty to register public road in public roads register DRSI, MGIST, TLAM power of coordinating road authority Council

Road Management Act 2004 s.17(3) 22 power to decide that a road is reasonably required for general public use DRSI, MGIST, TLAM power of coordinating road authority Council

Road Management Act 2004 s.17(3) 23 duty to register a road reasonably required for general public use in public roads register DRSI, MGIST, TLAM power of coordinating road authority Council

Road Management Act 2004 s.17(4) 24 power to decide that a road is no longer reasonably required for general public use DRSI, MGIST, TLAM power of coordinating road authority Council

Road Management Act 2004 s.17(4) 25 duty to remove road no longer reasonably required for general public use from public roads register DRSI, MGIST, TLAM power of coordinating road authority Council

Road Management Act 2004 s.18(1) 26 power to designate ancillary area DRSI, MGIST, TLAM power of coordinating road authority, and obtain consent in circumstances specified in s18(2)

Council

Road Management Act 2004 s.18(3) 27 duty to record designation in public roads register DRSI, MGIST, TLAM power of coordinating road authority Council

Road Management Act 2004 s.19(1) 28 duty to keep register of public roads in respect of which it is the coordinating road authority DRSI, MGIST, TLAM Council

Road Management Act 2004 s.19(4) 29 duty to specify details of discontinuance in public roads register DRSI, MGIST, TLAM Council

Road Management Act 2004 s.19(5) 30 duty to ensure public roads register is available for public inspection DRSI, MGIST, TLAM Council

Road Management Act 2004 s.21 31 function of replying to request for information or advice DRSI, MGIST, TLAM obtain consent in circumstances specified in s11(2) Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Road Management Act 2004 s.22(2) 32 function of commenting on proposed direction DRSI, MGIST, TLAM Council

Road Management Act 2004 s.22(4) 33 duty to publish a copy or summary of any direction made under section 22 by the Minister in its annual report. DRSI, MGIST, TLAM where council is the road authority Council

Road Management Act 2004 s.22(5) 34 duty to give effect to a direction under this section. DRSI, MGIST, TLAM where council is the road authority Council

Road Management Act 2004 s.40(1) 35 duty to inspect, maintain and repair a public road. DRSI, MGIM Council

Road Management Act 2004 s.40(5) 36 power to inspect, maintain and repair a road which is not a public road DRSI, MGIM, MGIST Council

Road Management Act 2004 s.41(1) 37 power to determine the standard of construction, inspection,maintenance and repair

DRSI, MGIST, TLCAP Council

Road Management Act 2004 s.42(1) 38 power to declare a public road as a controlled access road NIL power of coordinating road authority and Schedule 2 also applies Council

Road Management Act 2004 s.42(2) 39 power to amend or revoke declaration by notice published in Government Gazette NIL power of coordinating road authority and Schedule 2 also applies Council

Road Management Act 2004 s.42A(3) 40 duty to consult with VicRoads before road is specified DRSI, MGIPR, TLCAP, MGIST, TLTRS •�duty of coordinating road authority •�if road is a municipal road or part thereof

Council

Road Management Act 2004 s.42A(4) 41 power to approve Minister's decision to specify a road as a specified freight road DRSI •�power of coordinating road authority•�if road is a municipal road or part thereof and where road is to be specified a freight road

Council

Road Management Act 2004 s.48EA 42 duty to notify the owner or occupier of land and provider of public transport on which rail infrastructure or rolling stock is located (and any relevant provider of public transport)

DRSI duty of responsible road authority, infrastructure manager or works manager

Council

Road Management Act 2004 s.48M(3) 44 function of consulting with the Secretary for purposes of developing guidelines under section 48M DRSI, MGIST Council

Road Management Act 2004 s.48N 46 duty to notify the Secretary of the location of the bus stopping point and the action taken by council DRSI, MGIST, TLTRS Council

Road Management Act 2004 s.49 47 power to develop and publish a road management plan DRSI, MGIST, TLAM Council

Road Management Act 2004 s.51 48 power to determine standards by incorporating the standards in a road management plan DRSI, MGIST, TLAM Council

Road Management Act 2004 s.53(2) 49 power to cause notice to be published in Government Gazette of amendment etc of document in road management plan DRSI, MGIST, TLAM Council

Road Management Act 2004 s.54(2) 50 duty to give notice of proposal to make a road management plan DRSI, MGIST, TLAM Council

Road Management Act 2004 s.54(5) 51 duty to conduct a review of road management plan at prescribed intervals DRSI, MGIST, TLAM Council

Road Management Act 2004 s.54(6) 52 power to amend road management plan DRSI, MGIST, TLAM Council

Road Management Act 2004 s.54(7) 53 duty to incorporate the amendments into the road management plan DRSI, MGIST, TLAM Council

Road Management Act 2004 s.55(1) 54 duty to cause notice of road management plan to be published in Government Gazette and newspaper DRSI, MGIST, TLAM Council

Road Management Act 2004 s.63(1) 55 power to consent to conduct of works on road DRSI, MGIPR, TLCAP power of coordinating road authority Council

Road Management Act 2004 s.63(2)(e) 56 power to conduct or to authorise the conduct of works in, on, under or over a road in an emergency DRSI, MGIST, MGIM, MGIPR power of infrastructure manager Council

Road Management Act 2004 s.64(1) 57 duty to comply with clause 13 of Schedule 7 DRSI, MGIST, MGIM, MGIPR duty of infrastructure manager or works manager Council

Road Management Act 2004 s.66(1) 58 power to consent to structure etc DRSI, MGIPR, TLCAP power of coordinating road authority Council

Road Management Act 2004 s.67(2) 59 function of receiving the name & address of the person responsible for distributing the sign or bill DRSI, MGIPR, TLCAP, MGIST, TLTRS where council is the coordinating road authority Council

Road Management Act 2004 s.67(3) 60 power to request information DRSI power of coordinating road authority Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Road Management Act 2004 s.68(2) 61 power to request information DRSI power of coordinating road authority Council

Road Management Act 2004 s.71(3) 62 power to appoint an authorised officer DRSI, DRSO, MGGCS, TLGOV Council

Road Management Act 2004 s.72 63 duty to issue an identity card to each authorised officer DRSO, MGGCS, TLGOV Council

Road Management Act 2004 s.85 64 function of receiving report from authorised officer DRSI, MGIPR, TLCAP, PMD Council

Road Management Act 2004 s.86 65 duty to keep register re section 85 matters DRSI Council

Road Management Act 2004 s.87(1) 66 s.87(1) function of receiving complaints DRSI, MGIPR, MGIST, MGIM Council

Road Management Act 2004 s.87(2) 67 power to investigate complaint and provide report DRSI Council

Road Management Act 2004 s.112(2) 68 power to recover damages in court DRSI, MGIM Council

Road Management Act 2004 s.116 69 power to cause or carry out inspection DRSI Council

Road Management Act 2004 s.119(2) 70 function of consulting with VicRoads DRSI, MGIPR, MGIST, MGIM Council

Road Management Act 2004 s.120(1) 71 power to exercise road management functions on an arterial road (with the consent of VicRoads) DRSI Council

Road Management Act 2004 s.120(2) 72 duty to seek consent of VicRoads to exercise road management functions before exercising power in section 120(1) DRSI Council

Road Management Act 2004 s.121(1) 73 power to enter into an agreement in respect of works DRSI Council

Road Management Act 2004 s.122(1) 74 power to charge and recover fees DRSI, MGIPR, TLCAP, Council

Road Management Act 2004 s.123(1) 75 power to charge for any service DRSI, MGIPR, TLCAP, Council

Road Management Act 2004 Schedule 2Clause 2(1)

76 power to make a decision in respect of controlled access roads DRSI Council

Road Management Act 2004 Schedule 2Clause 3(1)

77 duty to make policy about controlled access roads DRSI Council

Road Management Act 2004 Schedule 2Clause 3(2)

78 power to amend, revoke or substitute policy about controlled access roads DRSI Council

Road Management Act 2004 Schedule 2Clause 4

79 function of receiving details of proposal from VicRoads DRSI, MGIPR, MGIST, MGIM Council

Road Management Act 2004 Schedule 2Clause 5

81 duty to publish notice of declaration DRSI Council

Road Management Act 2004 Schedule 7, Clause 7(1)

86 duty to give notice to relevant coordinating road authority of proposed installation of non-road infrastructure or related works on a road reserve DRSI duty of infrastructure manager or works manager Council

Road Management Act 2004 Schedule 7, Clause 8(1)

87 duty to give notice to any other infrastructure manager or works manager responsible for any non-road infrastructure in the area, that could be affected by any proposed installation of infrastructure or related works on a road or road reserve of any road

DRSI duty of infrastructure manager or works manager Council

Road Management Act 2004 Schedule 7, Clause 9(1)

88 duty to comply with request for information from a coordinating road authority, an infrastructure manager or a works manager responsible for existing or proposed infrastructure in relation to the location of any non-road infrastructure and technical advi

DRSI duty of infrastructure manager or works manager responsible for non-road infrastructure

Council

Road Management Act 2004 Schedule 7, Clause 9(2)

89 duty to give information to another infrastructure manager or works manager where becomes aware any infrastructure or works are not in the location shown on records, appear to be in an unsafe condition or appear to need maintenance

DRSI duty of infrastructure manager or works manager Council

Road Management Act 2004 Schedule 7, Clause 10(2)

90 where Schedule 7 Clause 10(1) applies, duty to, where possible, conduct appropriate consultation with persons likely to be significantly affected DRSI duty of infrastructure manager or works manager Council

Road Management Act 2004 Schedule 7 Clause 12(2)

91 power to direct infrastructure manager or works manager to conduct reinstatement works DRSI, MGIPR, TLCAP power of coordinating road authority Council

Road Management Act 2004 Schedule 7 Clause 12(3)

92 power to take measures to ensure reinstatement works are completed DRSI, MGIPR, TLCAP power of coordinating road authority Council

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Acts and Regs Provision (sort) Thing Delegated Delegates Conditions Delegator:

Road Management Act 2004 Schedule 7 Clause 12(4)

93 duty to ensure that works are conducted by an appropriately qualified person DRSI, MGIPR, TLCAP power of coordinating road authority Council

Road Management Act 2004 Schedule 7 Clause 12(5)

94 power to recover costs DRSI, MGIPR, TLCAP power of coordinating road authority Council

Road Management Act 2004 Schedule 7, Clause 13(1)

95 duty to notify relevant coordinating road authority within 7 days that works have been completed, subject to Schedule 7, Clause 13(2) DRSI, MGIPR, TLCAP duty of works manager Council

Road Management Act 2004 Schedule 7,Clause 13(2)

96 power to vary notice period DRSI power of coordinating road authority Council

Road Management Act 2004 Schedule 7, Clause 13(3)

97 duty to ensure works manager has complied with obligation to give notice under Schedule 7, Clause 13(1) DRSI duty of infrastructure manager Council

Road Management Act 2004 Schedule 7Clause 16(1)

98 power to consent to proposed works DRSI power of coordinating road authority Council

Road Management Act 2004 Schedule 7Clause 16(4)

99 duty to consult DRSI, MGIPR, MGIST, MGIM where council is the coordinating road authority, responsible authority or infrastructure manager

Council

Road Management Act 2004 Schedule 7Clause 16(5)

100 power to consent to proposed works DRSI, MGIPR, MGIST, MGIM where council is the coordinating road authority Council

Road Management Act 2004 Schedule 7Clause 16(6)

101 power to set reasonable conditions on consent DRSI, MGIPR, MGIST, MGIM where council is the coordinating road authority Council

Road Management Act 2004 Schedule 7Clause 16(8)

102 power to include consents and conditions DRSI, MGIPR, MGIST, MGIM where council is the coordinating road authority Council

Road Management Act 2004 Schedule 7Clause 17(2)

103 power to refuse to give consent and duty to give reasons for refusal DRSI power of coordinating road authority Council

Road Management Act 2004 Schedule 7Clause 18(1)

104 power to enter into an agreement DRSI power of coordinating road authority Council

Road Management Act 2004 Schedule 7Clause 19(2)& (3)

104 power to conduct the rectification works or engage a person to conduct the rectification works and power to recover costs incurred DRSI, MGIPR, MGIST, MGIM where council is the coordinating road authority Council

Road Management Act 2004 Schedule 7Clause 19(1)

105 power to give notice requiring rectification of works DRSI power of coordinating road authority Council

Road Management Act 2004 Schedule 7Clause 20(1)

105 power to require removal, relocation, replacement or upgrade of existing non-road infrastructure DRSI power of coordinating road authority Council

Road Management Act 2004 Schedule 7A Clause 2

106 power to cause street lights to be installed on roads DRSI, MGIPR, ASSPO power of responsible road authority where it is the coordinating road authority or responsible road authority in respect of the road

Council

Road Management Act 2004 Schedule 7A Clause 3(1)(d)

107 duty to pay installation and operation costs of street lighting - where road is not an arterial road DRSI, MGIRR, MGIPR, ASSPO where council is the responsible road authority for the road Council

Road Management Act 2004 Schedule 7A Clause 3(1)(e)

108 duty to pay installation and operation costs of street lighting – where road is a service road on an arterial road and adjacent areas DRSI, MGIPR, ASSPO where council is the responsible road authority Council

Road Management Act 2004 Schedule 7A Clause (3)(1)(f),

109 duty to pay installation and percentage of operation costs of street lighting – for arterial roads in accordance with clauses 3(2) and 4 DRSI, MGIPR, ASSPO where council is responsible road authority that installed the light (re: installation costs) and where council is relevant municipal council (re: operating costs)

Council

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