Attachments of Ordinary Meeting

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 2 Section 6 - Delegation from Council to Staff

FOOD ACT 1984
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.19(2)(a)	power to direct by written order that the food premises be put into a clean and sanitary condition	EHO	if section 19(1) applies
s.19(2)(b)	power to direct by written order that specified steps be taken to ensure that food prepared, sold or handled is safe and suitable	EHO	if section 19(1) applies in consultation with MAI
s.19(4)(a)	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	EHO	if section 19(1) applies in consultation with MAI
s.19(4)(b)	duty to notify the Department of the making of the order	EHO and MAI	if section 19(1) applies
s.19(4)(c)	duty to notify the registration authority of the making of the order and any appeal and the outcome of the appeal	EHO and MAI	if section 19(1) applies and if Council is not the registration authority
s.19(6)(a)	duty to revoke any order under s.19 if satisfied that an order has been complied with	EHO and MAI	if section 19(1) applies
s.19(6)(b)	duty to give written notice of revocation under section 19(6)(a) if satisfied that an order has been complied with	EHO	if section 19(1) applies in consultation with MAI
s. 19AA(2)	power to direct, by written order, that a person must take any of the actions described in (a)-(c)	EHO	where Council is the registration authority
s. 19AA(4)(c)	Power to direct, in an order made under s. 19AA(2) or a subsequent written order, that a person must ensure that any food or class of food is not removed from the premises	EHO	note: the power to direct the matters under s. 19AA(4)(a) and (b) not capable of delegation and so such directions must be made by a Council resolution
s. 19AA(7)	Duty to revoke order issued under s. 19AA and give written notice of revocation if satisfied that order has been complied with	EHO	where Council is the registration authority
s. 19A(4)(b)	Function of receiving notice from authorised officer	EHO	where Council is the registration authority
s.19BA(3)	duty to give notice of the variation or revocation of the order to the general public in the same manner as the original notice	EHO	Must be done by the same person as gave the original notice In consultation with MAI
s. 19CB(4)(b)	power to request copy of records	EHO	where Council is the registration authority
s.19E(1)(d)	power to request a copy of the food safety program	EHO	where Council is the registration authority
s.19EA(3)	function of receiving a copy of any significant revision made to the food safety program	EHO	where Council is the registration authority
s.19GB	power to request proprietor to provide written details of the name, qualification or experience of the current food safety supervisor	EHO	where Council is the registration authority
s.19H(5)(a) & (5)(b)	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	EHO	where Council is the registration authority
s.19I	duty to conduct a food safety assessment as required under section 19H	EHO	subject to Section 19J where Council is the registration authority
s.19IA(2)	duty to give written notice to proprietor if food safety requirements or section 19DC(2) have not been complied with unless subsection (3) applies	EHO	where Council is the registration authority
s. 19M(4)(a) & (5)	power to conduct a food safety audit and take actions where deficiencies are identified		where Council is the registration authority
s.19N	function of receiving information from a food safety auditor	EHO	where Council is the registration authority
s.19NA(1)	power to request food safety audit reports	EHO	where Council is the registration authority
s.19U(3)	power to waive and vary the costs of a food safety audit if there are special circumstances	EHO	in consultation with MAI
s.19U(4)	duty to ensure that information relating to costs of a food safety audit are available for inspection by the public	EHO
s.19UA	power to charge fees for conducting a food safety assessment or inspection	EHO	except for an assessment required by a declaration under section 19C or an inspection under sections 38B(1)(c) or 39.
s.19UA(4)	duty to consider proprietor's history of compliance in deciding whether to charge the fee	EHO
s.19UA(5)	duty to ensure that the method of determining a fee under subsection (3)(a) and the considerations that apply under subsection (4) are available for inspection by the public	EHO
s.19W	power to direct a proprietor of a food premises to comply with any requirement under Part IIIB	EHO	where Council is the registration authority in consultation with MAI
s.19W(3)(a)	power to direct a proprietor of a food premises to have staff at the premises undertake training or instruction	EHO	where Council is the registration authority
s.19W(3)(b)	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	EHO	where Council is the registration authority
---	power to register, renew or transfer registration	EHO	where Council is the registration authority refusal to grant/renew/transfer registration must be ratified by Council or the CEO (see section 58A(2))
s. 35A(2)	function of receiving notice of operation from the proprietor of a food premises		where Council is the registration authority
s. 37	function of receiving application, information and documents required under section 36 from the proprietor of a food business
s.38(3)	duty to consult with the Secretary about the proposed exemption under section 38(2)	EHO	in consultation with MAI and CEO
s. 38AA(2)	function of being notified of operation		where Council is the registration authority
s.38AA(4)	duty to determine whether the food premises are exempt from the requirement of registration	EHO	where Council is the registration authority
s.38AA(5)	power to (a) request further information; or (b) advise the proprietor that the premises must be registered if the premises are not exempt	EHO	where Council is the registration authority
s.38AB(4)	power to fix a fee for the receipt of a notification under section 38AA in accordance with a declaration under subsection (1)	EHO	where Council is the registration authority
s. 38A(4)	power to request a copy of a completed food safety program template		where Council is the registration authority
s. 38A(5) &(6)	function of receiving food safety audit certificate from a proprietor		where Council is the registration authority
s.38B(1)(a)	duty to assess the application and determine which class of food premises under section 19C the food premises belongs	EHO	where Council is the registration authority
s.38B(1)(b)	duty to ensure proprietor has complied with requirements of section 38A	EHO	where Council is the registration authority
s.38B(1)(c)	duty to inspect premises	EHO	where Council is the registration authority
s.38B(2)	duty to be satisfied of the matters in section 38B(2)(a)-(b)	EHO	where Council is the registration authority
s.38D(1)	duty to ensure compliance with the applicable provisions of section 38C and inspect the premises if required by section 39	EHO	where Council is the registration authority
s.38D(2)	duty to be satisfied of the matters in section 38D(2)(a)-(d)	EHO	where Council is the registration authority
s.38D(3)	power to request copies of any audit reports	EHO	where Council is the registration authority
s.38E(1)(c)	function of assessing the requirement for a food safety program	EHO	where Council is the registration authority
s.38E(2)	power to register the food premises on a conditional basis	EHO	where Council is the registration authority In consultation with MAI not exceeding the prescribed time limit defined under subsection (5)
s.38E(3)(a)	function of receiving certificates	EHO	where Council is the registration authority
s.38E(4)	duty to register the food premises when conditions are satisfied	EHO	where Council is the registration authority
s.38F(3)(a)	duty to note the change to the classification of the food premises on the certificate of registration	EHO	where Council is the registration authority
s.38F(3)(b)	power to require proprietor to comply with requirements of this Act	EHO	where Council is the registration authority
s.39(2)	duty to inspect within 12 months before renewal of registration	EHO	where Council is the registration authority
s.39(3)	duty to inspect within 3 months before renewal of registration if circumstances in section 39(3)(a)-(d) apply	EHO	where Council is the registration authority
s.39A	power to register, renew or transfer food premises despite minor defects	EHO	where Council is the registration authority only if satisfied of matters in subsections (2)(a)-(c) in consultation with MAI and CEO
s. 39A(6)	duty to comply with direction of Secretary
s.40(1)	duty to issue a certificate of registration in the prescribed form	EHO	where Council is the registration authority
s.40(2)	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	EHO
s.40C(2)	power to grant or renew the registration of food premises for a period less than 1 year	EHO	where Council is the registration authority
s.40D(1)	power to suspend or revoke the registration of food premises	EHO	where Council is the registration authority In consultation with MAI and CEO
s.40D(2)	duty to specify how long a suspension is to last under s.40D(1)	EHO	where Council is the registration authority In consultation with MAI and CEO
s. 40E(4)	duty to comply with direction of Secretary
s.43(1) and (2)	duty to maintain records of the prescribed particulars and orders in force under Part III	EHO	where Council is the registration authority
s.43(3)	duty to make available information held in records, free of charge, on request	EHO	where Council is the registration authority
s. 43F(6)	duty to be satisfied that registration requirements under Division 3 have been met prior to registering, transferring or renewing registration of a component of a food business		where Council is the registration authority
s. 43F(7)	power to register the components of the food business that meet requirements in Division 3 and power to refuse to register the components that do not meet the requirements		where Council is the registration authority
s. 43I	function of receiving a statement of trade of a proprietor of a food business
s.46(5)	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	CEO	where Council is the registration authority no delegation, power of CEO only

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 2 Section 6 - Delegation from Council to Staff

HERITAGE ACT 1995
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.84(2)	power to sub-delegate Executive Director's functions	CEO	must obtain Executive Director's written consent first.

PLANNING AND ENVIRONMENT ACT 1987
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.4B	power to prepare an amendment to the Victoria Planning Provisions	SPO, PlO and CEO	if authorised by the Minister Council to ratify
s. 4G	Function of receiving prescribed documents and a copy of the Victoria Planning Provisions from the Minister	SPO and PlO
s.4H	duty to make amendment to Victoria Planning Provisions available	SPO and PlO
s.4I	duty to keep Victoria Planning Provisions and other documents available	SPO and PlO
s. 8A(3)	power to apply to Minister to prepare an amendment to the planning scheme	SPO and PlO
s.11(3)(b)	duty to submit amendment to planning scheme to Minister for approval if the Minister withdraws authorisation	SPO, PlO and CEO
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	SPO, PlO and CEO
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)	SPO, PlO and CEO	in consultation with Council
s.12B(1)	duty to review planning scheme	SPO, PlO and CEO	Council to ratify
s.12B(2)	duty to review planning scheme at direction of Minister	SPO, PlO and CEO	Council to ratify
s.12B(5)	duty to report findings of review of planning scheme to Minister without delay	SPO and PlO
s.14	duties of a Responsible Authority as set out in subsections (a) to (d)	SPO and PlO
s.17(1)	duty of giving copy amendment to the planning scheme	SPO and PlO
s.17(2)	duty of giving copy s.173 agreement	SPO and PlO
s.18	duty to make amendment etc. available	SPO and PlO
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	SPO and PlO	advice to CEO
s.20(1)	power to apply to Minister for exemption from the requirements of section 19	SPO and PlO	advice to CEO
s.21(2)	duty to make submissions available	SPO and PlO
s. 21A(4)	duty to publish notice in accordance with section	SPO and PlO
s.22	duty to consider all submissions	SPO and PlO
s.23(2)	power to refer submissions to a panel	SPO and PlO
s.24	function to represent Council and present a submission at a panel hearing (including a hearing referred to in s 96D)	SPO, PlO and CEO
s.26(1)	power to make report available for inspection	SPO and PlO
s. 26(2)	duty to keep report of panel available for inspection	SPO and PlO
s.27 (2)	power to apply for exemption if panel's report not received	SPO, PlO and CEO
s. 28	duty to notify the Minister if abandoning an amendment	SPO and PlO	note: the power to make a decision to abandon an amendment cannot be delegated
s.30(4)(a)	duty to say if amendment has lapsed	SPO and PlO
s.30(4)(b)	duty to provide information in writing upon request	SPO and PlO
s.31	duty to submit adopted amendment to Minister and, if applicable, details under section 19(1B)	SPO, PlO and CEO
s.32(2)	duty to give more notice if required	SPO and PlO
s.33(1)	duty to give more notice of changes to an amendment	SPO and PlO
s.35A(2)	duty to not approve an amendment under section 35B unless the amendment has been certified by the Secretary	SPO and PlO
s.35B(1)	power to approve amendment in form certified under section 35A	SPO and PlO
s.35B(2)	duty to give to Minister notice of approval, copy of approved amendment and other documents	SPO, PlO and CEO
s.36(2)	duty to give notice of approval of amendment	SPO, PlO and CEO
s.38(5)	duty to give notice of revocation of an amendment	SPO, PlO and CEO
s.39	function of being a party to a proceeding commenced under section 39 and duty to comply with determination by VCAT	SPO, PlO and CEO
s.40(1)	function of lodging copy of approved amendment	SPO, PlO and CEO
s.40(1A)	duty to lodge prescribed documents and copy of approved amendment with the relevant authorities	SPO, PlO and CEO
s.41	duty to make approved amendment available	SPO and PlO
s.42	duty to make copy of planning scheme available	SPO and PlO
s.46N(1)	duty to include condition in permit regarding payment of development infrastructure levy	SPO, PlO and CEO	in consultation with Council
s.46N(2)(c)	function of determining time and manner for receipt of development contributions levy	SPO, PlO and CEO	in consultation with Council
s.46N(2)(d)	power to enter into an agreement with the applicant regarding payment of development infrastructure levy	SPO, PlO and CEO	in consultation with Council
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	SPO, PlO and CEO	in consultation with Council
s.46O(1)(d) & (2)(d)	power to enter into agreement with the applicant regarding payment of community infrastructure levy	SPO, PlO and CEO	in consultation with Council
s.46P(1)	power to require payment of amount of levy under section 46N or section 46O to be satisfactorily secured	SPO, PlO and CEO
s.46P(2)	power to accept provision of land, works, services or facilities in part or full payment of levy payable	SPO, PlO and CEO	in consultation with Council
s.46Q(1)	duty to keep proper accounts of levies paid	SPO, PlO and MF
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	SPO, PlO and MF
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.	CEO
s.46Q(3)	power to refund any amount of levy paid if it is satisfied the development is not to proceed	CEO	only applies when levy is paid to Council as a 'development agency'
s.46Q(4)(c)	duty to pay amount to current owners of land in the area	CEO	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
s.46Q(4)(d)	duty to submit to the Minister an amendment to the approved development contributions plan	SPO, PlO and CEO	must be done in accordance with Part 3 in consultation with Council
s46Q(4)(e)	duty to expend that amount on other works etc.	CEO	with the consent of, and in the manner approved by, the Minister
s.46QC	power to recover any amount of levy payable under Part 3B	CEO
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	SPO and PlO
s.46Y	duty to carry out works in conformity with the approved strategy plan	SPO and PlO
s.47	power to decide that an application for a planning permit does not comply with that Act	SPO, PlO and CEO	in consultation with Council
s.49(1)	duty to keep a register of all applications for permits and determinations relating to permits	SPO and PlO
s.49(2)	duty to make register available for inspection	SPO and PlO
s.50(4)	duty to amend application	SPO and PlO
s.50(5)	power to refuse to amend application	SPO and PlO	advice to CEO
s.50(6)	duty to make note of amendment to application in register	SPO and PlO
s.50A(1)	power to make amendment to application	SPO and PlO	advice to CEO
s.50A(3)	power to require applicant to notify owner and make a declaration that notice has been given	SPO and PlO
s.50A(4)	duty to note amendment to application in register	SPO and PlO
s.51	duty to make copy of application available for inspection	SPO and PlO
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	SPO and PlO
s.52(1)(b)	duty to give notice of the application to other municipal councils where appropriate	SPO and PlO
s.52(1)(c)	duty to give notice of the application to all persons required by the planning scheme	SPO and PlO
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	SPO and PlO
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	SPO and PlO	advice to CEO
s.52(1)(d)	duty to give notice of the application to other persons who may be detrimentally effected	SPO and PlO
s.52(1AA)	duty to give notice of an application to remove or vary a registered restrictive covenant	SPO and PlO
s.52(1A)	power to refuse an application	SPO and PlO	in consultation with CEO and Council
s.52(3)	power to give any further notice of an application where appropriate	SPO, PlO and CEO
s.53(1)	power to require the applicant to give notice under section 52(1) to persons specified by it	SPO and PlO
s.53(1A)	power to require the applicant to give the notice under section 52(1AA)	SPO and PlO
s.54(1)	power to require the applicant to provide more information	SPO and PlO
s.54(1A)	duty to give notice in writing of information required under section 54(1)	SPO and PlO
s.54(1B)	duty to specify the lapse date for an application	SPO and PlO
s.54A(3)	power to decide to extend time or refuse to extend time to give required information	SPO and PlO
s.54A(4)	duty to give written notice of decision to extend or refuse to extend time und s.54A(3)	SPO and PlO
s.55(1)	duty to give copy application to every referral authority specified in the planning scheme	SPO and PlO
s.57(2A)	power to reject objections considered made primarily for commercial advantage for the objector	SPO, PlO and CEO	in consultation with Council
s.57(3)	function of receiving name and address of persons to whom notice of decision is to go	SPO and PlO
s.57(5)	duty to make available for inspection copy of all objections	SPO and PlO
s.57A(4)	duty to amend application in accordance with applicant's request, subject to s.57A(5)	SPO and PlO
s.57A(5)	power to refuse to amend application	SPO and PlO	advice to CEO
s.57A(6)	duty to note amendments to application in register	SPO and PlO
s.57B(1)	duty to determine whether and to whom notice should be given	SPO and PlO
s.57B(2)	duty to consider certain matters in determining whether notice should be given	SPO and PlO
s.57C(1)	duty to give copy of amended application to referral authority	SPO and PlO
s.58	duty to consider every application for a permit except for a development assessment committee application	SPO and PlO
s.60	duty to consider certain matters	SPO and PlO
s60(1A)	power to consider certain matters before deciding on application	SPO and PlO
s.61(1)(a)	power to decide to grant a permit	SPO and PlO	review and approval by CEO the permit must not be inconsistent with a cultural heritage management plan under the Aboriginal Heritage Act 2006
s.61(1)(b)	power to decide to grant a permit with conditions	SPO and PlO	review and approval by CEO the permit must not be inconsistent with a cultural heritage management plan under the Aboriginal Heritage Act 2006
s.61(1)(c)	power to refuse the permit	SPO and PlO	in consultation with CEO and Council Council may be required to ratify
s.61(2)	duty to decide to refuse to grant a permit if referral authority objects to grant of permit	SPO and PlO	in consultation with CEO and advice to Council
s.61(3)(b)	duty to refuse to grant the permit without the Minister's consent	SPO, PlO and CEO
s.61(4)	duty to refuse to grant the permit if grant would authorise a breach of a registered restrictive covenant	SPO, PlO and CEO
s.62(1)	duty to include certain conditions in deciding to grant a permit	SPO and PlO	in consultation with CEO
s.62(2)	power to include other conditions	SPO and PlO	in consultation with CEO
s.62(4)	duty to ensure conditions are consistent with subsections (a),(b) and (c)	SPO and PlO
s.62(5)(a)	power to include a permit condition to implement an approved development contributions plan	SPO and PlO	in consultation with CEO and Council
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	SPO and PlO	in consultation with CEO and Council
s.62(5)(c)	power to include a permit condition that specified works be provided or paid for by the applicant	SPO and PlO
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	SPO and PlO
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)	SPO and PlO
s.63	duty to issue the permit where made a decision in favour of the application (if no one has objected)	SPO and PlO	in consultation with CEO
s.64(1)	duty to give notice of decision to grant a permit to applicant and objectors	SPO and PlO	in consultation with CEO and Council Council may be required to ratify
s.64(3)	duty not to issue a permit until after the specified period	SPO and PlO
s. 64(5)	duty to give each objector a copy of an exempt decision	SPO and PlO
s.65(1)	duty to give notice of refusal to grant permit to applicant and objector	SPO and PlO
s.66	duty to give notice under section 64 or section 65 and copy permit to referral authorities	SPO and PlO
s.69(1)	function of receiving application for extension of time of permit	SPO and PlO
s.69(2)	power to extend time	SPO and PlO	in consultation with CEO and Council
s.70	duty to make copy permit available for inspection	SPO and PlO
s.71(1)	power to correct certain mistakes	SPO and PlO
s.71(2)	duty to note corrections in register	SPO and PlO
s.73	power to decide to grant amendment subject to conditions	SPO and PlO	in consultation with CEO
s.74	duty to issue amended permit to applicant if no objectors	SPO and PlO	in consultation with CEO
s.76	duty to give applicant and objectors notice of decision to refuse to grant amendment to permit	SPO and PlO
s.76A	duty to give referral authorities copy of amended permit and copy of notice	SPO and PlO
s.76D	duty to comply with direction of Minister to issue amended permit	SPO, PlO and CEO
s.83	function of being respondent to an appeal	SPO, PlO and CEO
s.83B	duty to give or publish notice of application for review	SPO and PlO
s.84(1)	power to decide on an application at any time after an appeal is lodged against failure to grant a permit	SPO and PlO	in consultation with CEO
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	SPO and PlO	in consultation with CEO
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	SPO and PlO
s.84(6)	duty to issue permit on receipt of advice within 3 working days	SPO and PlO
s.86	duty to issue a permit at order of Tribunal within 3 working days	SPO and PlO
s.87(3)	power to apply to VCAT for the cancellation or amendment of a permit	SPO, PlO and CEO	in consultation with Council
s.90(1)	function of being heard at hearing of request for cancellation or amendment of a permit	SPO, PlO and CEO
s.91(2)	duty to comply with the directions of VCAT	SPO, PlO and CEO
s.91(2A)	duty to issue amended permit to owner if Tribunal so directs	SPO and PlO
s.92	duty to give notice of cancellation/amendment of permit by VCAT to persons entitled to be heard under s.90	SPO and PlO
s.93(2)	duty to give notice of VCAT order to stop development	SPO and PlO
s.95(3)	function of referring certain applications to the Minister	SPO, PlO and CEO
s.95(4)	duty to comply with an order or direction	SPO, PlO and CEO
s.96(1)	duty to obtain a permit from the Minister to use and develop its land	SPO, PlO and CEO
s.96(2)	function of giving consent to other persons to apply to the Minister for a permit to use and develop Council land	SPO and PlO
s.96A(2)	power to agree to consider an application for permit concurrently with preparation of proposed amendment	SPO and PlO
s.96C	power to give notice, to decide not to give notice, to publish notice and to exercise any other power under s 96C	SPO and PlO
s.96F	duty to consider the panel's report under section 96E	SPO, PlO and CEO
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 s 23 of the Planning and Environment (Planning Schemes) Act 1996)	SPO, PlO and CEO	in consultation with Council
s.96H(3)	power to give notice in compliance with Minister's direction	SPO and PlO	in consultation with CEO
s.96J	power to issue permit as directed by the Minister	SPO and PlO
s.96K	duty to comply with direction of the Minister to give notice of refusal	SPO and PlO
s.97C	power to request Minister to decide the application	SPO and PlO	in consultation with CEO and Council
s.97D(1)	duty to comply with directions of Minister to supply any document or assistance relating to application	SPO and PlO
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	SPO, PlO and CEO	Council to be informed
s.97G(6)	duty to make a copy of permits issued under section 97F available for inspection	SPO and PlO
s.97L	duty to include Ministerial decisions in a register kept under section 49	SPO and PlO
s. 97MCA(2)	function of consulting with advisory committee regarding the areas for which the Development Assessment Committee is to be established	SPO and PlO	in consultation with CEO
s.97MG	duty to provide documents and information to development assessment committee	SPO and PlO
s.97MH	duty to provide assistance to the development assessment committee	SPO and PlO
s.97MJ(2)	duty to ensure that the register of applications specifies whether the development assessment committee has made the decision	SPO and PlO
s.97MK	function of nominating member of the development assessment committee	SPO and PlO
s.97ML(4)	power to nominate alternate members of the development assessment committee	SPO and PlO
s.97O	duty to consider application and issue or refuse to issue certificate of compliance	SPO and PlO
s.97P(3)	duty to comply with directions of VCAT following an application for review of a failure or refusal to issue a certificate	SPO, PlO and CEO
s.97Q(2)	function of being heard by VCAT at hearing of request for amendment or cancellation of certificate	SPO and PlO	in consultation with CEO and Council
s.97Q(4)	duty to comply with directions of VCAT	SPO and PlO
s.97R	duty to keep register of all applications for certificate of compliance and related decisions	SPO and PlO
s.98(1)&(2)	function of receiving claim for compensation in certain circumstances	SPO and PlO
s.98(4)	duty to inform any person of the name of the person from whom compensation can be claimed	SPO and PlO
s.101	function of receiving claim for expenses in conjunction with claim	SPO and PlO
s.103	power to reject a claim for compensation in certain circumstances	SPO and PlO	in consultation with CEO
s.107(1)	function of receiving claim for compensation	SPO and PlO
s. 107(3)	power to agree to extend time for making claim	SPO, PlO and CEO
s.114(1)	power to apply to the VCAT for an enforcement order	SPO, PlO and CEO	in consultation with Council
s.117(1)(a)	function of making a submission to the VCAT where objections are received	SPO, PlO and CEO
s.120(1)	power to apply for an interim enforcement order where section 114 application has been made	SPO, PlO and CEO	in consultation with Council
s.123(1)	power to carry out work required by enforcement order and recover costs	SPO and PlO	advice to CEO and Council
s.123(2)	power to sell buildings, materials, etc salvaged in carrying out work under section 123(1)	CEO	in consultation with Council except Crown Land
s.125	power to apply for an injunction restraining a person from contravening an enforcement order or interim enforcement order	CEO	in consultation with Council
s.129	function of recovering penalties	SPO and PlO	advice to CEO
s.130(5)	power to allow person served with an infringement notice further time	SPO and PlO	advice to CEO and Council
s.149A(1)	power to refer a matter to the VCAT for determination	CEO	in consultation with Council
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)	SPO and PlO	where Council is the relevant planning authority
s.171(2)(f)	power to carry out studies and commission reports	SPO, PlO and CEO
s.171(2)(g)	power to grant and reserve easements	SPO, PlO and CEO	in consultation with Council
s.173	power to enter into agreement covering matters set out in s.174	SPO, PlO and CEO	in consultation with Council
---	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
---	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	SPO and PlO	in consultation with CEO and Council
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	SPO, PlO and CEO	in consultation with Council
s.178	power to amend a section 173 agreement	SPO, PlO and CEO	in consultation with Council
s.179(1)	duty to lodge agreement with Minister	SPO and PlO
s.179(2)	duty to make available for inspection copy agreement	SPO and PlO
s.181	power to apply to the Registrar of Titles for registration of the agreement and to deliver a memorial to Registrar-General	SPO and PlO
s.182	power to enforce an agreement	SPO, PlO and CEO	in consultation with Council
s.183	duty to tell Registrar of Titles of ending/amendment of agreement	SPO and PlO
s.198(1)	function to receive application for planning certificate	SPO and PlO
s.199(1)	duty to give planning certificate to applicant	SPO and PlO
s.201(1)	function of receiving application for declaration of underlying zoning	SPO and PlO
s.201(3)	duty to make declaration	SPO and PlO
-	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	SPO, PlO and CEO
	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	SPO, PlO and CEO
	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	SPO, PlO and CEO
-	power to give written authorisation in accordance with a provision of a planning scheme	SPO, PlO and CEO

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 2 Section 6 - Delegation from Council to Staff

RAIL SAFETY ACT 2006
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS AND LIMITATIONS
s33	duty to comply with a direction of the Safety Director under this section	MWC and MAI	where Council is a utility under Section 3
s33A	duty to comply with a direction of the Safety Director to give effect to arrangements under this section	MWC and MAI	duty of council as a road authority under the Road Management Act 2004
s34	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)	MWC and MAI	where Council is a utility under Section 3
s.34C(2)	function of entering into safety interface agreements with rail infrastructure manager	CEO	where Council is the relevant road manager subject to Council resolution
s.34D(1)	function of working in conjunction with rail infrastructure manager in determining whether risks to safety need to be managed	MAI	where Council is the relevant road manager
s.34D(2)	function of receiving written notice of opinion	CEO and MAI	where Council is the relevant road manager
s.34D(4)	function of entering into safety interface agreement with infrastructure manager	CEO	where Council is the relevant road manager subject to Council resolution
s.34E(1)(a)	duty to identify and assess risks to safety	CEO and MAI	where Council is the relevant road manager
s.34E(1)(b)	duty to determine measures to manage any risks identified and assessed having regard to items set out in section 34E(2)(a)-(c)	CEO and MAI	where Council is the relevant road manager
s.34E(3)	duty to seek to enter into a safety interface agreement with rail infrastructure manager	CEO and MAI	where Council is the relevant road manager
s.34F(1)(a)	duty to identify and assess risks to safety, if written notice has been received under section 34D(2)(a)	CEO and MAI	where Council is the relevant road manager
s.34F(1)(b)	duty to determine measures to manage any risks identified and assessed, if written notice has been received under section 34D(2)(a)	CEO and MAI	where Council is the relevant road manager
s.34F(2)	duty to seek to enter into a safety interface agreement with rail infrastructure manager	CEO	where Council is the relevant road manager subject to Council resolution
s.34H	power to identify and assess risks to safety as required under sections 34B, 34C, 34D, 34E or 34F in accordance with subsections (a)-(c)	CEO and MAI	where Council is the relevant road manager
s.34I	function of entering into safety interface agreements	CEO	where Council is the relevant road manager
s.34J(2)	function of receiving notice from Safety Director	CEO	where Council is the relevant road manager
s.34J(7)	duty to comply with a direction of the Safety Director given under section 34J(5)	CEO and MAI	where Council is the relevant road manager
s.34K(2)	duty to maintain a register of items set out in subsections (a)-(b)	MAI	where Council is the relevant road manager

RESIDENTIAL TENANCIES ACT 1997
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.142D	function of receiving notice regarding an unregistered rooming house	EHO
s.142G(1)	duty to enter required information in Rooming House Register for each rooming house in municipal district	EHO	[note: this provision is not yet in operation and will commence 1/7/2014 if not proclaimed earlier]
s. 142G(2)	power to enter certain information in the Rooming House Register	EHO	[note: this provision is not yet in operation and will commence 1/7/2014 if not proclaimed earlier]
s.142I(2)	power to amend or revoke an entry in the Rooming House Register if necessary to maintain the accuracy of the entry	EHO	[note: this provision is not yet in operation and will commence 1/7/2014 if not proclaimed earlier]
s.252	power to give tenant a notice to vacate rented premises if subsection (1) applies	EHO and MAI	where Council is the landlord subject to approval of CEO and in consultation with Council
s.262(1)	power to give tenant a notice to vacate rented premises	EHO and MAI	where Council is the landlord subject to approval of CEO and in consultation with Council
s.262(3)	power to publish its criteria for eligibility for the provision of housing by council	MAI and CEO
s.518F	power to issue notice to caravan park regarding emergency management plan if determined that the plan does not comply with the requirements	EHO
s.522(1)	power to give a compliance notice to a person	MAI	in consultation with CEO
s.525(2)	power to authorise an officer to exercise powers in s.526 (either generally or in a particular case)	CEO	no delegation, power of CEO only
s.525(4)	duty to issue identity card to authorised officers	CEO	no delegation, power of CEO only
s.526(5)	duty to keep record of entry by authorised officer under section 526	MAI
s.527	power to authorise a person to institute proceedings (either generally or in a particular case)	CEO	no delegation, power of CEO only

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 2 Section 6 - Delegation from Council to Staff

ROAD MANAGEMENT ACT 2004
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.11(1)	power to declare a road by publishing a notice in the Government Gazette	MAI	in consultation with CEO and Council obtain consent in circumstances specified in s11(2)
s.11(8)	power to name a road or change the name of a road by publishing notice in Government Gazette	MAI	In consultation with Council
s.11(9)(b)	duty to advise Registrar	MAI
s.11(10)	duty to inform Secretary to Department of Sustainability and Environment of declaration etc.	MAI and CEO	clause subject to s11(10A)
s.11(10A)	duty to inform Secretary to Department of Sustainability and Environment or nominated person	MAI and CEO	where Council is the coordinating road authority
s.12(2)	power to discontinue road or part of a road	MAI and CEO	In consultation with Council where council is the coordinating road authority
s.12(4)	power to publish, and provide copy, notice of proposed discontinuance	MAI	power of coordinating road authority where it is the discontinuing body unless subsection (11) applies
s.12(5)	duty to consider written submissions received within 28 days of notice	MAI	in consultation with Council duty of coordinating road authority where it is the discontinuing body unless subsection (11) applies
s.12(6)	function of hearing a person in support of their written submission	MAI	function of coordinating road authority where it is the discontinuing body unless subsection (11) applies
s.12(7)	duty to fix day, time and place of meeting under subsection (6) and to give notice	MAI	duty of coordinating road authority where it is the discontinuing body unless subsection (11) applies
s.12(10)	duty to notify of decision made	MAI	duty of coordinating road authority where it is the discontinuing body does not apply where an exemption is specified by the regulations or given by the Minister
s.13(1)	power to fix a boundary road by publishing notice in Government Gazette	MAI	power of coordinating road authority and obtain consent under s13(3) and s13(4) as appropriate
s. 14(4)	Function of receiving notice from VicRoads	MAI
s.14(7)	power to appeal against decision of VicRoads	MAI	in consultation with CEO and Council
s.15(1)	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	MAI
s.15(1A)	power to enter into arrangement with a utility to transfer a road management function of the utility to the road authority	MAI
s.15(2)	duty to include details of arrangement in public roads register	MAI
s.16(7)	power to enter into an arrangement under s15	MAI	in consultation with CEO and Council
s.16(8)	duty to enter details of determination in public roads register	MAI
s.17(2)	duty to register public road in public roads register	MAI	where Council is the coordinating road authority
s.17(3)	power to decide that a road is reasonably required for general public use	MAI	where Council is the coordinating road authority
s.17(3)	duty to register a road reasonably required for general public use in public roads register	MAI	where Council is the coordinating road authority
s.17(4)	power to decide that a road is no longer reasonably required for general public use	MAI	where Council is the coordinating road authority
s.17(4)	duty to remove road no longer reasonably required for general public use from public roads register	MAI	where Council is the coordinating road authority
s.18(1)	power to designate ancillary area	MAI	where Council is the coordinating road authority, and obtain consent in circumstances specified in section 18(2)
s.18(3)	duty to record designation in public roads register	MAI	where Council is the coordinating road authority
s.19(1)	duty to keep register of public roads in respect of which it is the coordinating road authority	MAI
s.19(4)	duty to specify details of discontinuance in public roads register	MAI
s.19(5)	duty to ensure public roads register is available for public inspection	MAI
s.21	function of replying to request for information or advice	MAI	obtain consent in circumstances specified in s11(2)
s.22(2)	function of commenting on proposed direction	MAI
s. 22(4)	duty to publish a copy or summary of any direction made under section 22 by the Minister in its annual report	CEO
s. 22(5)	duty to give effect to a direction under this section	CEO, MAI and MWCS
s.40(1)	duty to inspect, maintain and repair a public road.	MAI and MWCS
s. 40(5)	power to inspect, maintain and repair a road which is not a public road	MAI and MWCS
s.41(1)	power to determine the standard of construction, inspection, maintenance and repair	MAI
s.42(1)	power to declare a public road as a controlled access road	MAI	power of coordinating road authority and Schedule 2 also applies
s.42(2)	power to amend or revoke declaration by notice published in Government Gazette	MAI	in consultation with CEO and Council power of coordinating road authority and Schedule 2 also applies
s.42A(3)	duty to consult with VicRoads before road is specified	MAI	where Council is the coordinating road authority if road is a municipal road or part thereof
s.42A(4)	power to approve Minister's decision to specify a road as a specified freight road	MAI	advice to Council where Council is the coordinating road authority if road is a municipal road or part thereof and where road is to be specified a freight road
s.48EA	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)	MAI	where Council is the responsible road authority, infrastructure manager or works manager
s.48M(3)	function of consulting with the Secretary for purposes of developing guidelines under section 48M	CEO
s.48N	duty to notify the Secretary of the location of the bus stopping point and the action taken by council	MAI
s.49	power to develop and publish a road management plan	CEO and MAI
s.51	power to determine standards by incorporating the standards in a road management plan	CEO and MAI
s.53(2)	power to cause notice to be published in Government Gazette of amendment etc of document in road management plan	MAI
s.54(2)	duty to give notice of proposal to make a road management plan	MAI
s.54(5)	duty to conduct a review of road management plan at prescribed intervals	MAI
s.54(6)	power to amend road management plan	CEO and MAI	subject to Council resolution
s.54(7)	duty to incorporate the amendments into the road management plan	CEO and MAI
s.55(1)	duty to cause notice of road management plan to be published in Government Gazette and newspaper	MAI
s.63(1)	power to consent to conduct of works on road	MAI and MWCS	where Council is the coordinating road authority
s.63(2)(e)	power to conduct or to authorise the conduct of works in, on, under or over a road in an emergency	MAI and MWCS	where Council is the infrastructure manager
s.64(1)	duty to comply with clause 13 of Schedule 7	MAI	where Council is the infrastructure manager or works manager
s.66(1)	power to consent to structure etc	MAI	where Council is the coordinating road authority
s. 67(2)	function of receiving the name and address of the person responsible for distributing the sign or bill	MAI	where Council is the coordinating road authority
s.67(3)	power to request information	MAI	where Council is the coordinating road authority
s.68(2)	power to request information	MAI	where Council is the coordinating road authority
s.71(3)	power to appoint an authorised officer	CEO	no delegation, power of CEO only
s.72	duty to issue an identity card to each authorised officer	CEO
s.85	function of receiving report from authorised officer	CEO and MAI
s.86	duty to keep register re section 85 matters	MAI
s.87(1)	function of receiving complaints	CEO, MAI and MWCS
s.87(2)	power to investigate complaint and provide report	MAI and MWCS
s.112(2)	power to recover damages in court	CEO
s.116	power to cause or carry out inspection	MAI and MWCS
s.119(2)	function of consulting with VicRoads	CEO, MAI and MWCS
s.120(1)	power to exercise road management functions on an arterial road (with the consent of VicRoads)	MAI and MWCS
s.120(2)	duty to seek consent of VicRoads to exercise road management functions before exercising power in section 120(1)	MAI and MWCS
s.121(1)	power to enter into an agreement in respect of works	MAI and MWCS
s.122(1)	power to charge and recover fees	CEO, MAI and MWCS
s.123(1)	power to charge for any service	CEO, MAI and MWCS
Schedule 2 Clause 2(1)	power to make a decision in respect of controlled access roads	MAI and MWCS
Schedule 2 Clause 3(1)	duty to make policy about controlled access roads	MAI	in consultation with CEO and Council
Schedule 2 Clause 3(2)	power to amend, revoke or substitute policy about controlled access roads	MAI	in consultation with CEO and Council
Schedule 2 Clause 4	Function of receiving details of proposal from VicRoads	CEO, MAI and MWCS
Schedule 2 Clause 5	duty to publish notice of declaration	MAI
Schedule 7, Clause 7(1)	duty to give notice to relevant coordinating road authority of proposed installation of non-road infrastructure or related works on a road reserve	MAI and MWCS	where Council is the infrastructure manager or works manager
Schedule 7, Clause 8(1)	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	MAI and MWCS	where Council is the infrastructure manager or works manager
Schedule 7, Clause 9(1)	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 advice or assistance in conduct of works	MAI and MWCS	where Council is the infrastructure manager or works manager responsible for non-road infrastructure
Schedule 7, Clause 9(2)	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	MAI and MWCS	where Council is the infrastructure manager or works manager
Schedule 7, Clause 10(2)	where Schedule 7 Clause 10(1) applies, duty to, where possible, conduct appropriate consultation with persons likely to be significantly affected	MAI and MWCS	where Council is the infrastructure manager or works manager
Schedule 7 Clause 12(2)	power to direct infrastructure manager or works manager to conduct reinstatement works	MAI and MWCS	where Council is the coordinating road authority
Schedule 7 Clause 12(3)	power to take measures to ensure reinstatement works are completed	MAI and MWCS	where Council is the coordinating road authority
Schedule 7 Clause 12(4)	duty to ensure that works are conducted by an appropriately qualified person	MAI and MWCS	where Council is the coordinating road authority
Schedule 7 Clause 12(5)	power to recover costs	MAI and MWCS	where Council is the coordinating road authority
Schedule 7, Clause 13(1)	duty to notify relevant coordinating road authority within 7 days that works have been completed, subject to Schedule 7, Clause 13(2)	MAI and MWCS	where Council is the works manager
Schedule 7 Clause 13(2)	power to vary notice period	MAI and MWCS	where Council is the coordinating road authority
Schedule 7, Clause 13(3)	duty to ensure works manager has complied with obligation to give notice under Schedule 7, Clause 13(1)	MAI and MWCS	where Council is the infrastructure manager
Schedule 7 Clause 16(1)	power to consent to proposed works	MAI and MWCS	where Council is the coordinating road authority
Schedule 7 Clause 16(4)	duty to consult	CEO, MAI and MWCS	where council is the coordinating road authority, responsible authority or infrastructure manager
Schedule 7 Clause 16(5)	power to consent to proposed works	CEO, MAI and MWCS	where council is the coordinating road authority
Schedule 7 Clause 16(6)	power to set reasonable conditions on consent	CEO, MAI and MWCS	where council is the coordinating road authority
Schedule 7 Clause 16(8)	power to include consents and conditions	CEO, MAI and MWCS	where council is the coordinating road authority
Schedule 7 Clause 17(2)	power to refuse to give consent and duty to give reasons for refusal	MAI and MWCS	where Council is the coordinating road authority
Schedule 7 Clause 18(1)	power to enter into an agreement	MAI and MWCS	where Council is the coordinating road authority
Schedule 7 Clause 19(1)	power to give notice requiring rectification of works	MAI and MWCS	where Council is the coordinating road authority
Schedule 7 Clause 19(2) & (3)	power to conduct the rectification works or engage a person to conduct the rectification works and power to recover costs incurred	CEO, MAI and MWCS	where council is the coordinating road authority
Schedule 7 Clause 20(1)	power to require removal, relocation, replacement or upgrade of existing non-road infrastructure	MAI and MWCS	where Council is the coordinating road authority
Schedule 7A Clause 2	power to cause street lights to be installed on roads	MAI	power of responsible road authority where it is the coordinating road authority or responsible road authority in respect of the road
Schedule 7A Clause 3(1)(d)	duty to pay installation and operation costs of street lighting - where road is not an arterial road	MAI	where Council is the responsible road authority
Schedule 7A Clause 3(1)(e)	duty to pay installation and operation costs of street lighting – where road is a service road on an arterial road and adjacent areas	MAI	where Council is the responsible road authority
Schedule 7A Clause (3)(1)(f),	duty to pay installation and percentage of operation costs of street lighting – for arterial roads in accordance with clauses 3(2) and 4	MAI	duty of council as responsible road authority that installed the light (re: installation costs) and where council is relevant municipal council (re: operating costs)

PLANNING AND ENVIRONMENT REGULATIONS 2005
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS AND LIMITATIONS
r 6	duty of responsible authority to provide copy of matter considered under section 60(1A)(g) for inspection free of charge	SPO
r7	duty of responsible authority to provide copy information or report requested by Minister	SPO
r22	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	SPO
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	SPO

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 2 Section 6 - Delegation from Council to Staff

RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS REGISTRATION AND STANDARDS) REGULATIONS 2010
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r.7	function of entering into a written agreement with a caravan park owner	CEO and MAI
r.11	function of receiving application for registration	EHO
r.13(1)	duty to grant the registration if satisfied that the caravan park complies with these regulations	EHO
r.13(2)	duty to renew the registration if satisfied that the caravan park complies with these regulations	EHO
r.13(4) & (5)	duty to issue certificate of registration	EHO
r.15(1)	function of receiving notice of transfer of ownership	EHO
r.15(3)	power to determine where notice of transfer is displayed	EHO
r.16(1)	duty to transfer registration to new caravan park owner	EHO
r.16(2)	duty to issue a certificate of transfer of registration	EHO
r.17(1)	power to determine the fee to accompany applications for registration or applications for renewal of registration	EHO and MAI
r.18	duty to keep register of caravan parks	EHO
r.19(4)	power to determine where the emergency contact person's details are displayed	EHO
r.19(6)	power to determine where certain information is displayed	EHO
r.22(6)	duty to notify caravan park owners of emergency service agencies	EHO
r.22(7)	duty to consult with relevant emergency services agency	EHO
r.23(2)	power to determine places in which caravan park owner must display a copy of emergency procedures	EHO
r.24(1)	power to determine places in which caravan park owner must display copy of public emergency warnings	EHO
r.25(3)	duty to consult with relevant floodplain management authority	EHO and MAI
r.26	duty to have regard to any report of the relevant fire authority	EHO and MAI
r.28(c)	power to approve system for the collection, removal and disposal of sewage and waste water from a movable dwelling	EHO
r.39	function of receiving notice of proposed installation of unregistrable movable dwelling or rigid annexe	EHO
r.39(b)	power to require notice of proposal to install unregistrable movable dwelling or rigid annexe	EHO
r.40(4)	function of receiving installation certificate	EHO
r.42	power to approve use of a non-habitable structure as a dwelling or part of a dwelling	EHO
Schedule 3 clause 4(3)	power to approve the removal of wheels and axles from unregistrable movable dwelling	EHO

ROAD MANAGEMENT (GENERAL) REGULATIONS 2005
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r.301(1)	duty to conduct reviews of road management plan	MAI	in consultation with MWCS, CEO and Council
r.302(2)	duty to give notice of review of road management plan	MAI
r.302(5)	duty to produce written report of review of road management plan and make report available	MAI	in consultation with MWCS and CEO
r.303	duty to give notice of amendment which relates to standard of construction, inspection, maintenance or repair under section 41 of the Act	MAI
r.306(2)	duty to record on road management plan the substance and date of effect of amendment	MAI
r.501(1)	power to issue permit	MAI	where Council is the coordinating road authority
r.501(4)	power to charge fee for issuing permit under regulation 501(1)	MAI	where Council is the coordinating road authority
r.503(1)	power to give written consent to person to drive on road a vehicle which is likely to cause damage to road	MAI	where Council is the coordinating road authority
r.508(3)	power to make submission to Tribunal	MAI	where Council is the coordinating road authority
r.509(1)	power to remove objects, refuse, rubbish or other material deposited or left on road	MAI	where Council is the responsible road authority
r.509(2)	power to sell or destroy things removed from road or part of road (after first complying with regulation 509(3))	MAI	where Council is the responsible road authority
r.509(4)	power to recover in the Magistrates' Court, expenses from person responsible	MAI and CEO

ROAD MANAGEMENT (WORKS AND INFRASTRUCTURE) REGULATIONS 2005
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r.10	power to exempt a person from requirement under clause 13(1) of Schedule 7 to the Act to give notice as to the completion of those works		where council is the coordinating road authority and where consent given under section 63(1) of the Act
r.18(2)	power to waive whole or part of fee in certain circumstances		where council is the coordinating road authority in consultation with CEO

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 3 Section 7 - Delegation from CEO to Staff

ABORIGINAL HERITAGE ACT 2006
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
Parts 4, 6 and 8	powers, functions and duties of a sponsor of a cultural heritage Management plan under Parts 4, 6 and 8 of the Aboriginal Heritage Act 2006.	MAI

ASSOCIATIONS INCORPORATION REFORM ACT 2012
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.132	power to nominate a body to which assets should be returned	CEO	where a wound up incorporated association has assets consisting of property supplied by Council (which includes the unexpended portion of a grant) no delegation, power of CEO only

BUILDING ACT 1993
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.3(1)	power to appoint municipal building surveyor	CEO	the person must be a registered building surveyor (unlimited) as required by section 213 no delegation, power of CEO only
s.11(2)	duty to publish notice in a newspaper if regulation under Part 2 ceases to have effect	SPO, PlO and MBS
s.29A	function of giving consent to building permit for demolition in its capacity as responsible authority under the Planning and Environment Act 1987	SPO, PlO and MBS
s.29B(1)	duty to give notice where amendment of planning scheme sought in its capacity as responsible authority under the Planning and Environment Act 1987	SPO and PlO	in consultation with CEO advice to Council
s.29B(3)	duty to give notice where request for amendment withdrawn, refused etc. in its capacity as responsible authority under the Planning and Environment Act 1987	SPO and PlO	in consultation with CEO advice to Council
s.30	function of receiving copy permit, plans and other documents	SPO, PlO, MBS and PBAO
s.31(1)	duty to keep register of building permits	MBS and PBAO
s.31(2)	duty to Make register available for inspection	MBS and PBAO
s.32	duty to keep documents	SPO, PlO MBS and PBAO
s.32A(2)	duty to provide Victorian Urban Development Authority notice setting out information in section 32A(3) and a copy of any relevant planning permit within 14 days after being given a copy of building permit under section 30(1), in certain circumstances where section 32A(1) applies	SPO and PlO
s.66(b)(i)	function of determining fees	SPO and PlO	advice to Council and CEO
s.73	function of receiving copy permit, plans and other documents	SPO, PlO MBS and PBAO
s.74(1)	duty to keep register of occupancy permits, temporary approvals and amendments	SPO, PlO, MBS and PBAO
s.74(2)	duty to make register available	SPO, PlO, MBS and PBAO
s.75	duty to keep documents	SPO, PlO, MBS and PBAO
s. 80	function of receiving notification of appointment	MBS and PBAO
s.81(2)	function of receiving notification for work terminated	SPO, PlO, MBS and PBAO
s.101(2)	function of receiving copy documents	SPO, PlO, MBS and PBAO
s.120(2)(a)	function of receiving notification that an order is complied with	SPO, PlO, MBS and PBAO
s.123(1)	power to determine whether to recover from the owner the costs of work carried out or action taken under Part 8 Division 3 of the Act by the municipal building surveyor as a debt due to Council pursuant to sub-section 123(1) of the Act	SPO, PlO and MBS	in consultation with CEO
s.123(2)	power to determine whether to apply any sum or part of any sum for which a bond or undertaking is deposited with Council under a condition imposed on a permit under section 22 of the Act towards the costs of carrying out work or taking action pursuant to sub-section 123(2) of the Act	SPO, PlO and MBS
s.125(1)	function of receiving copy notice or order	SPO, PlO, MBS and PBAO
s.125(2)	function of receiving written notice of the compliance, amendment or cancellation	SPO, PlO, MBS and PBAO
s.126(1)	duty to keep register of emergency orders, building notices and building orders	SPO, PlO, MBS and PBAO
s.126(2)	duty to make register available for inspection	SPO, PlO, MBS and PBAO
s.160(3)(d)	power to make application to the Building Appeals Board	SPO, PlO and MBS	in consultation with CEO
s.162(1)(a)(i)	function of being consulted by the Building Appeals Board	SPO, PlO and MBS	advice to CEO
s.162(4)(b)	function of entering into an agreement when directed by Building Appeals Board	SPO, PlO and MBS	in consultation with CEO
s.164(1)	power to agree to terminate or vary agreement	SPO, PlO and MBS	advice to CEO
s.164(2)	power to terminate or vary agreement	SPO, PlO and MBS	advice to CEO
s.164(4)	power to apply for approval	SPO, PlO and MBS	advice to CEO
s.165(1)(a)	duty to lodge copy or give notice	SPO, PlO and MBS	advice to CEO
s.165(1)(b)	duty to apply to agreement made in the Register	SPO, PlO and MBS	advice to CEO
s.214(1)	power to enter into agreement	SPO, PlO and MBS	advice to CEO
s.215(1)	power to enter into agreements with a private building surveyor	SPO, PlO and MBS	advice to CEO
s. 216A	power to apply to the Minister for exemption	SPO, PlO and MBS
s. 216C	power to appoint a municipal building surveyor to carry out certain functions outside of the municipal district	CEO	no delegation, power of CEO only
s.222	function of receiving order from Minister	SPO, PlO and MBS	advice to CEO
s.241(1)&(4)	power to authorise a person or persons to bring proceedings for an offence against Part 3, 4, 5, 7 or 8 of the Act or the building regulations within Council's municipal district pursuant to sub-sections 241(1) and 241(4)	SPO, PlO and MBS	advice to CEO
s. 242	function of receiving funds recovered through prosecution	SPO, PlO and MBS
s.252(1)	power to determine whether to apply to the Magistrates' Court for a warrant under section 252 of the Act if a person refuses to vacate a building or land when required to do so by order under the Act pursuant to sub-section 252(1) of the Act	SPO, PlO and MBS	advice to CEO
sch 2 cl.1(c)(i)	function of determining fees	SPO, PlO	advice to CEO
sch 2 cl.4(2)	function of receiving copy application	SPO, PlO, MBS and PBAO
sch 2 cl.4(3)	function of receiving fees	SPO, PlO, MBS and PBAO
sch 2 cl.4(4)	power to fix fees in accordance with cl.4(5)	SPO, PlO and MBS	advice to CEO

CHILDREN YOUTH AND FAMILIES ACT 2005
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.23(1)	function of being allocated money by the Secretary for the purposes of Part 3.1	CEO	in consultation with Council ratification by Council may be required
s.25	power to use land or property for the purposes of the Department of Human Services	CEO	ratification by Council may be required where authorised by the Secretary
s. 26	Function of entering into an agreement with the Secretary	CEO
s.35	function of consulting with the Secretary	CEO	where council is an information holder under the Act
s.36	function of consulting with the community-based child and family service	CEO	where council is an information holder under the Act
s.192	power to provide information to the Secretary	CEO	where council is an information holder under the Act
s.196	function of receiving written direction from an authorised officer in relation to disclosure of information	CEO	where council is an information holder under the Act
s.197	duty to comply with written direction from authorised officer	CEO	where council is an information holder under the Act

CLIMATE CHANGE ACT 2010
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.50(1)	function of receiving notice of proposed Carbon Sequestration Agreement	CEO	where council is the public land manager

CONSERVATION, FORESTS AND LAND ACT 1987
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.66(1)	duty to submit plans to the Secretary to the Department of Natural Resources and Environment of specified works prior to their commencement	CEO	specified works are listed in Schedule 3 of the Act
s.67	power to take action contrary to a Code of Practice if paragraphs (a) and (b) apply	CEO	with advice to Council

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 3 Section 7 - Delegation from CEO to Staff

DANGEROUS GOODS ACT 1985
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.29	function of receiving statement from the Victorian WorkCover Authority about details of dangerous goods on licensed premises	MWCS and MAI	advice to CEO

DISABILITY ACT 2006
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s. 38(4)	power to prepare a Disability Action Plan, in accordance with section 38	MCoS
s. 38(5)	duty to report on the implementation of the Disability Action plan in Council's annual report	MCoS	if a plan is prepared under s. 38(4) or is taken to be prepared under s. 38(2)
s. 38(5A)	duty to ensure certain disability matters are addressed in the Council Plan	MCoS	if Council has not determined to prepare a plan under s. 38(4) or are not taken to have prepared a plan under s. 38(2)

DOMESTIC ANIMALS ACT 1994
Column 1	Column 2	Column 3	Column 4
PROVISION	POWER, DUTY OR FUNCTION	DELEGATE	CONDITIONS & LIMITATIONS
s.10	function of receiving applications for registration of dogs or cats	SCO and LLO
s.10A(4)	duty to not register or renew the registration of a dangerous dog or a restricted breed dog unless the dog is (a) desexed or (b) a dangerous dog that is not a restricted breed dog and is exempt under section 10B(1)(c), 10B(1)(d) or 10B(1)(e) from the requirement to be desexed or (c) a restricted breed dog that is not a dangerous dog and is exempt under section 10B(1)(e) from the requirement to be desexed	SCO and LLO	in consultation with CEO
s.10C(1)	duty to not register a dog or cat unless the dog or cat (a) has been implanted with prescribed permanent identification device or (b) is of a class of dogs exempt under a resolution made under section 10D(3), from the requirement to be implanted with such a device or (c) is otherwise exempted under the Act from the requirement to be implanted with such a device or (d) subject to subsection (2), has previously been registered with Council at any time in the 12 month period immediately before the application for registration was lodged	SCO and LLO	in consultation with CEO
s.10C(5)	duty to cause to be published a copy of the resolution	SCO and LLO
s.10C(6)	duty to not register or renew registration of dangerous dog, menacing dog or restricted breed dog unless the dog has been implanted with permanent identification device	SCO and LLO	in consultation with CEO
s.10D(6)	duty to cause to be published a copy of the resolution	SCO and LLO
s.12(1)	power to appoint an agent for Council in the registration of cats and dogs	MEMPC
s.13	function of receiving notification of sale by domestic animal business	SCO and LLO	in consultation with CEO
s.14(b)	power to approve form of registration or renewal of registration of dogs and cats	SCO and LLO	in consultation with CEO
s.15(2)	power to permit pro-rata fees for dogs or cats registered for part of a year	SCO and LLO
s.15(6)	duty to waive 50% of a registration fee of dogs or cats if paragraphs (a) or (b) apply	SCO and LLO	in consultation with CEO
s.16	duty to register or renew the registration of a dog or cat (other than a dangerous or restricted breed dog) in certain circumstances	SCO and LLO
s.17(1)	power to register or renew the registration of a dangerous dog and impose conditions upon the registration	SCO and LLO	in consultation with CEO
s.17(1AA)	duty not to register a restricted breed dog unless section 17(1A) applies	SCO and LLO	in consultation with CEO
s.17(1A)	power to register restricted breed dog if (a) the dog was in Victoria immediately before the commencement of Domestic Animals Act (Dangerous Dogs) Act 2010and (b) the dog was registered in Victoria immediately before the commencement of the Domestic Animals Act (Restricted Breeds) Act 2011	SCO and LLO	in consultation with CEO
s.17(1B)	power to renew registration of restricted breed dog	SCO and LLO	in consultation with CEO
s.17(1C)	power to impose conditions on registration or renewal of registration of a dog under section 17(1A) or section 17(1B)	SCO and LLO	in consultation with CEO
s.17(2)	duty to notify owner and allow owner opportunity to Make submissions, if Council proposes not to register or renew the registration of a dangerous dog or restricted breed dog	SCO and LLO
s.17(3)	duty to consider submissions in relation to the registration or renewal of registrations of a dangerous dog before making decision	SCO and LLO
s.17(4)	duty to serve written notice of decision not to register or renew registration of dangerous dog or registered breed dog	SCO and LLO
s.18(1)	duty to keep register and allow inspection of register of all registered dogs and cats	SCO and LLO
s.18(2)(b)	power to fix fee for inspection of registrations of dogs and cats in the municipality	SCO and LLO	in consultation with CEO
s.18(3)	power to fix fees for making of records or obtaining certificates	SCO and LLO	in consultation with CEO and Council
s.19(1)(a)	duty to allocate a registration number to every dog and cat which is registered	SCO and LLO
s.19(1)(b)	duty to give or send the owner a registration certificate	SCO and LLO
s.19(1)(c)	duty to issue to the owner an identification marker	SCO and LLO
s.23(6)	duty to give owner or occupier of the private property a copy of a notice served under section 23(3)	SCO and LLO
s.25(3)	duty to cause to be published any orders made by council under section 25	SCO and LLO	in consultation with CEO
s.26(2A)	duty to obtain agreement of owner or occupier of private property, where Council proposes to make, by resolution, an order under section 26(2)	SCO and LLO
s.26(3)	duty to cause to be published any orders made by council under section 26	SCO and LLO	in consultation with CEO
s.33A(1)	duty to accept any dog or cat kept surrendered to Council by the owner of the animal	SCO and LLO
s.33A(2)(b)	duty to deal with surrendered dog or cat in accordance with the Act, the regulations and relevant Codes of Practice	SCO and LLO
s.34(1)	power to declare a dog dangerous	SCO and LLO	in consultation with CEO
s.34(2)	duty not to declare a dog dangerous in certain circumstances	SCO and LLO	in consultation with CEO
s.35(2)	duty to notify the owner and receive written and oral submissions from the owner if proposing a dog be declared dangerous	SCO and LLO
s.35(3)	duty to consider materials submitted before making a declaration	SCO and LLO
s.36	duty to give written notice of a declaration to owner	SCO and LLO
s.37	function of receiving notification from owners of certain dogs	SCO and LLO
s.41A(3)	power to revoke a declaration made under section 41A(1)	SCO and LLO	in consultation with CEO
s.41B(1)	duty to notify the owner and allow it the opportunity to make submissions to the council	SCO and LLO	in consultation with CEO
s.41C	duty to give notice of a menacing dog declaration to owner	SCO and LLO	in consultation with CEO
s.41D	function of receiving notification in relation to menacing dog	SCO and LLO	in consultation with CEO
s.41F	function of receiving notification from owners of restricted breed dogs	SCO and LLO	in consultation with CEO
s.41J(2)(a)	power to issue a permit to own more than 2 restricted breed dogs to any person who has applied to the Council for such a permit	SCO and LLO	in consultation with CEO and Council
s.41J(2)(b)	power to issue a permit to keep more than 2 restricted breed dogs at a premises to any person who has applied to the Council for such a permit	SCO and LLO	in consultation with CEO and Council
s.41J(3)	power to fix fee for application for permit	SCO and LLO	in consultation with CEO and Council
s.44(1)	power to require restraint of animals	SCO and LLO	if Council has made a relevant local law in consultation with CEO
s.44(2)	duty to give written notice of requirement in s.44(1)	SCO and LLO
s.44AC(1)(c)	power to inspect information kept on register of dangerous, menacing and restricted breed dogs, in accordance with the regulations	SCO and LLO
s.44AE	duty to provide details of dangerous, menacing or restricted breed dogs to Secretary	SCO and LLO
s.44AEA	duty to provide to the Secretary information relating to a dog destroyed under s.84TA, 84TB, 84TC	SCO and LLO
s.44AF	duty to provide to the Secretary information relating to dangerous, menacing or restricted breed dogs	SCO and LLO	in consultation with CEO
s.44AG	duty to provide to the Secretary information about owners of dangerous, menacing or restricted breed dogs	SCO and LLO
s.44AH	duty to provide, when requested under sub-section (1)) a statement to Secretary confirming that information previously provided by Council is accurate	SCO and LLO
s.46(1)	function of receiving applications to register a premises	SCO and LLO
s.46(2)	power to approve form of registration of domestic animal businesses	SCO and LLO
s.47(1) & (2)	power to register and impose any terms, conditions, limitations or restrictions on the registration of premises for the purposes of a domestic animal business	SCO and LLO	in consultation with CEO
s.48(2)	power to approve form of renewal of registration	SCO and LLO
s.49(1)	power to fix fees for registration or renewal of registration of domestic animal premises	SCO and LLO
s.49(2)	power to refund all or part of application fee	SCO and LLO	in consultation with CEO
s.52(1)	function of receiving notice of transfer of registration	SCO and LLO
s.52(2)(a)	power to approve form of notice of transfer of registration	SCO and LLO
s.52(2)(c)	power to fix fee for transfer of registration	SCO and LLO	in consultation with CEO and Council
s.52(3)	power to register new (transferred) premises as a domestic animal business and impose any terms, conditions, limitations or restrictions on that registration	SCO and LLO	in consultation with CEO
s.54(1)	power to refuse to register or renew the registration, refuse to transfer registration, suspend registration and revoke registration of premises	SCO and LLO	in consultation with CEO and Council
s.54(2)	power to act in accordance with section 54(1) if satisfied that the circumstances of section 54(2)(a) or (b) are in existence	SCO and LLO	in consultation with CEO and Council
s.55	duty to give notice if it is proposed that the powers under section 54 will be exercised	SCO and LLO
s.56	duty to receive both oral and written submissions and take into account any submissions	SCO and LLO	in consultation with CEO and Council
s.57(1) & (2)	duty to serve notice of decision and give reasons for decision	SCO and LLO
s.58B	power to apply to Minister to register premises as premises on which domestic animal business conducted	SCO and LLO	advice to CEO
s.58C(3)	duty to comply with the terms, conditions, limitations and restrictions on registration of premises under section 58C	SCO and LLO	in consultation with CEO
s.58D(2)	power to apply to Minister for renewal of registration of premises	SCO and LLO	advice to CEO
s.58E	duty to pay fee with application for registration or renewal of registration of premises	SCO and LLO	advice to CEO
s.58F	power to surrender registration of premises on which domestic animal business conducted by notice to Minister	SCO and LLO	advice to CEO
s.58G	duty to notify the Minister of transfer of registration	SCO and LLO
s.58J	power to Make submissions to the Minister regarding Minister's exercise of power under section 58H	CEO	in consultation with Council
s.58K	function of receiving notice of Minister's decision	CEO
s.68A(1)	duty to, in consultation with Secretary, prepare, at four year intervals, a Domestic Animal Management plan	SCO and LLO	in consultation with CEO and Council. The first Domestic Animal Management Plan must be prepared after a three year interval, as previously scheduled
s.68A(3)(a)	duty to review Domestic Animal Management Plan annually and, if appropriate, amend the plan	SCO and LLO	in consultation with CEO and Council
s.68A(3)(b)	duty to provide the Secretary with a copy of the plan and any amendments to the plan	SCO, LLO and MEMPC
s.68A(3)(c)	duty to prepare an evaluation of its implementation of the plan for publication in Council's annual report	SCO, LLO and MEMPC	in consultation with CEO and Council
s.69(1)	duty to Make payment to the Treasurer of specified amounts in respect of registration of cats, dogs or registered animal business	SCO and LLO
s.72	power to appoint, by instrument, employees to be authorised officers	CEO	no delegation, power of CEO only
s.72A(1)	power to appoint person who is not employee of council as authorised officer	CEO	no delegation, power of CEO only. Person appointed must have qualifications and experience prescribed by Secretary
s.73(1)	duty to issue identity card to authorised officers	CEO
s.84J	power to retain custody of dog or cat until animal recovered under division 5 or destroyed under division 6	SCO and LLO	in consultation with CEO
s.84L(1)	power to retain custody of dog the subject of a declaration under section 98A until review of the declaration is determined under Part 7E or the dog is recovered under division 5 or destroyed under division 6	SCO and LLO	in consultation with CEO
s.84L(2)	power to retain custody of dog before destruction under division 6 where dog is seized under section 80 and officer cannot serve declaration because owner cannot be identified	SCO and LLO	in consultation with CEO
s.84M	power to decide not to retain custody of dog or cat seized under section 23(1), 82, 83, 84, 84A, 84B or 84C	SCO and LLO	in consultation with CEO
s.84N	power to require custody of restricted breed dog until the outcome of prosecution under the Act or Regulations in relation to the dog	SCO and LLO	in consultation with CEO
s.84O(1)	power to destroy a cat seized under Part 7A if cat does not bear an identification marker or device or cat is wild, uncontrollable or diseased	SCO and LLO	in consultation with CEO
s.84O(2)	duty to destroy dangerous dog or restricted breed dog as soon as possible where owner is entitled to recover dog under division 5 but does not recover dog in accordance with the time period in that division	SCO and LLO	in consultation with CEO
s.84O(3)	duty to sell or destroy cat or dog (other than dangerous or restricted breed dog) as soon as possible where owner is entitled to recover dog under division 5 but does not recover dog in accordance with the time period in that division	SCO and LLO	in consultation with CEO
s.84P	power to destroy dog seized under Part 7A in certain circumstances listed in subsections (a) - (f)	SCO and LLO	in consultation with CEO
s.84Q(1)	duty to commence prosecution of a person as soon as possible after seizure under Part 7A, if authorised officer reasonably suspects that the person has committed an offence listed in subsection (2) with respect to a dog or a cat seized under that part, and power to retain custody of animal seized under section 84B and in any other case, duty to retain custody until the outcome of the prosecution in section 84Q is known	SCO and LLO	in consultation with CEO
s.84Q(3)(a)	duty to serve declaration on owner	SCO and LLO	in consultation with CEO
s.84R	power to require owner to provide his or her current address to Council in certain circumstances	SCO and LLO	in consultation with CEO
s.84S	power to destroy dog seized under Part 7A, in the time periods listed, if owner is suspected of committing an offence set out in paragraph (a), (b) or (c) of section 84Q(2) and cannot be identified,	SCO and LLO	in consultation with CEO
s.84T	duty to destroy dog seized under section 80 within 8 days after seizure if owner cannot be identified and authorised officer reasonably believes dog is restricted breed dog	SCO and LLO	in consultation with CEO
s.84TA(1)	power to destroy a dog seized under Part 7A in circumstances listed (a) – (c)	SCO and LLO	in consultation with CEO. Note: 84TA (4) & (5) council must make decision within 48 hours and record the time and date of decision
s.84TC(1)	power to destroy a dangerous dog if the dog was declared a dangerous dog and it is believed that the owner of the dog is guilty of an offence under section 24 or 26	SCO and LLO	in consultation with CEO. Note:84TC (4) & (5) council must make decision within 48 hours and record the time and date of decision
s.84U	duty to ensure seized animal is de-sexed before selling it	SCO and LLO
s.84V(2)	power to give animal to an approved person or body	SCO and LLO	in consultation with CEO. Note: Where council is authorised under this Act to destroy the animal
s.84Y	power to enter written agreement to seize, retain and/or dispose of dogs or cats	SCO and LLO	in consultation with CEO
s.95	function of receiving payment of fines	SCO and LLO	in consultation with CEO
s.98(1A)	power to apply to VCAT for review of a decision by Minister in relation to registration of domestic animal business	SCO and LLO	in consultation with CEO

EDUCATION AND CARE SERVICES NATIONAL LAW ACT 2010
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.271	power to disclose information in respect of education and care services	CEO	no delegation, power of CEO only

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 3 Section 7 - Delegation from CEO to Staff

ENVIRONMENT PROTECTION ACT 1970
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.4	power to appoint a litter enforcement officer	CEO	no delegation, power of CEO only
s.19B(3A)	duty to make a copy of documentation pertaining to an application available for inspection	MAI	in consultation with Council. where council is the responsible authority
s.19B(4A)(a)	duty to tell Authority information in respect to subparagraphs (i)- (v)	MAI	in consultation with Council. where council is the responsible authority
s.19B(4A)(b)	power to tell Authority its position on application	MAI	in consultation with Council. where council is the responsible authority
s.19B(4A)(c)	power to ask Authority to include specified conditions in a works approval	MAI	in consultation with Council. where council is the responsible authority
s.19B(4B)	duty to give Authority a copy of permit issued under the Planning and Environment Act 1987	MAI	in consultation with Council where council is the responsible authority
s.20(8)(ba)	duty to make copy of application and all accompanying documents submitted under paragraph (a) available for inspection	MAI and MWCS	in consultation with Council. where council is the responsible authority
s.20(8)(ca)	duty to advise Authority of items set out in paragraph (ca)	MAI and MWCS	in consultation with Council. where council is the responsible authority
s.20(8)(cb)(i)	power to tell Authority of its position on an application	MAI and MWCS	in consultation with Council. where council is the responsible authority
s.20(8)(cb)(ii)	power to ask Authority to include conditions in licence	MAI and MWCS	in consultation with Council. where council is the responsible authority
s.20(8)(cc)	duty to provide a copy of any permit issued under the Planning and Environment Act 1987 to the Authority.	MAI and MWCS	in consultation with Council. where council is the responsible authority
s.20A(6)(ba)	duty to make copy of an application referred to under paragraph (a) available	MAI and MWCS	in consultation with Council. Note: Only applies where council is the responsible authority
s.20A(6)(ca)	duty to advise the Authority of items set out in subparagraphs (i)-(v)	MAI and MWCS	in consultation with Council. Note: Only applies where council is the responsible authority
s.20A(6)(cb)(i)	power to tell Authority of its position on an application	MAI and MWCS	in consultation with Council. Note: Only applies where council is the responsible authority
s.20A(6)(cb)(ii)	power to ask Authority to include conditions in licence	MAI and MWCS	in consultation with Council. where council is the responsible authority
s.20A(6)(cc)	duty to give Authority a copy of permit issued under the Planning and Environment Act 1987	MAI and MWCS	in consultation with Council. where council is the responsible authority
s.28	duty to comply with order of Authority	CEO	advice to Council
s.45X(2)	power to direct, by written notice, any person who deposited litter to do certain things	EHO and MAI	where Council is a litter authority section 45X(1) must apply
s.45X(4)	power to direct, by written notice, the occupier to remove or dispose of littler.	EHO and MAI	where Council is a litter authority
s.45Y(2)	power to direct, by written notice, any person who deposited an object or thing to do certain things	EHO and MAI	where Council is a litter authority section 45Y(1) must apply
s.45Y(4)	power to direct, by written notice, the occupier to remove or dispose of object or thing.	EHO and MAI	where Council is a litter authority
s.45Z(1)	power to remove or dispose of litter upon failure to comply with direction given under s.45X(2) or (4)	EHO and MAI	where Council is a litter authority
s.45Z(2)	power to remove or dispose of object or thing upon failure to comply with direction given under subsection 45Y(2) or (4)	EHO and MAI	where Council is a litter authority
s.45Z(3)	power to recover reasonable costs incurred in taking action under section 45Z	MAI	where Council is a litter authority in consultation with CEO
s. 45ZK(1)	function of receiving reports of offences under Part VIIA	CEO
s.45ZK(2)	power to take proceedings upon receiving a report	CEO	no delegation power of CEO only
s. 48A	power to authorise a person to enforce subsections (3) and (8) of section 48A	CEO
s.50E	function of consulting with Minister regarding waste Management regions	CEO	excludes metropolitan councils in consultation with Council
s.50GA(3)	function of consulting with Minister	CEO	excludes metropolitan councils in consultation with Council
s.50J	power to decide to become a member of Regional Waste Management Group	CEO	in consultation with Council
s.50L(3)	power to lodge a notice of objection regarding the group budget	CEO	in consultation with Council
s.50L(4)	duty to pay to the group the amount set out in the budget	MWCS
s.50RA	duty to comply with the group's regional waste Management plan	CEO	in consultation with Council
s.50RAA(2)	function of collaborating with the Regional Waste Management Group	CEO	in consultation with Council
s.50RE(6)	function of receiving written notices from the Authority setting out reasons for refusal	CEO	in consultation with Council
s.53A(2)	duty to obtain a permit for the transport of prescribed waste	MWCS and MAI
s.53K	power (and duty) to declare an area requiring septic tank systems to be of a type that treats all sewage	EHO and MAI	in consultation with Council and CEO
s.53MB	power to inspect septic tank system and issue certificate approving its use	EHO and MAI
s.53O	duty to lodge an annual return with the Authority	MAI
s.53ZA(3)	function of receiving notice from the environmental auditor if the auditor withdraws a certificate or statement of environmental audit	MAI	where Council is the relevant responsible authority
s.53ZA(4)	function of receiving a new or amended certificate or statement of environmental audit	MAI	where Council is the relevant responsible authority
s.53ZA(6)	duty to receive notice from the Authority that an incorrect certificate or statement of environmental audit has been withdrawn	MAI	where Council is the relevant responsible authority
s.53ZB(2)	function of receiving environmental audit report, and a copy of the certificate of environmental audit or statement of environmental audit	MAI	where Council is the relevant responsible authority
s.59(3)	power to authorise a person to take proceedings for an offence against Part IXB	MAI	in consultation with CEO

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 3 Section 7 - Delegation from CEO to Staff

ESTATE AGENTS ACT 1980
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.70E(3)	duty to comply with request of Director or Inspector under section 70E(1) to provide answers or supply information	CEO	no delegation, power of CEO only

FENCES ACT 1968
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.13(1)	function of receiving notice of occupier's intention to build a fence on boundary with road	MAI and MBS
s.13(4)	power to allow temporary fence on the road for a period exceeding four years	MAI, SPO and PlO	advice to Council and CEO

FIRE SERVICES PROPERTY LEVY ACT 2012
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.9(8)	function of receiving application for exemption for payment of fixed charge of levy for single farm enterprises	MF and RO
s.9(10)(b)	power to specify application form	MF and RO	Only if the Minister has not made a direction for the purposes of section 9(10)
s.9(11)	power to require an applicant under s.9(8) to give further information regarding application	MF and RO
s.9(12)	function of receiving information regarding any change in circumstances which may affect eligibility for exemption	MF and RO
s.19 and 20	duty to pay levy amount in respect of leviable land owned by Council	MF and RO	note: Council is only liable to pay the relevant fixed charge in respect of land described in section 20(1)
s.21(3)(a)	function of assessing the amount of levy payable	MF and RO
s. 21(3)(b)	function of collecting the levy payable	MF and RO
s.21(4)(a)	function of assessing the amount of levy payable	MF and RO	if council has been directed to be a collection agency in respect of non-rateable leviable land not located within its municipal district boundaries
s.21(4)(b)	function of collecting the levy payable	MF and RO	if council has been directed to be a collection agency in respect of non-rateable leviable land not located within its municipal district boundaries
s.22	*power to exercise powers and functions under section 229 of the Local Government Act* 1989 (land information certificates) and section 232 (institute proceedings)**	MF and RO
s.24	duty to keep levy records in accordance with s.24	MF and RO
s.25(1)	duty to give a written notice to the owner of leviable land or to another specified person if requested by owner	MF and RO
s.25(6)	duty to transfer the amount of levy collected to the Commissioner	MF and RO
s.27(1)	power to defer payment of levy in respect of rateable leviable land where applicant shows hardship	MF and RO	*s.170 of the Local Government Act* 1989 applies, subject to modifications set out in s.27. note: may only defer levy if have deferred rates or charges under s.170 of the Local Government Act 1989 for that land**
s.27(1)	power to require payment of levy in respect of rateable leviable land where applicant no longer in hardship or no longer occupies land	MF and RO	*s.170 of the Local Government Act* 1989 applies, subject to modifications set out in s.27**
s.27(1)	power to waive levy in respect of rateable leviable land	MF and RO	*s.171 of the Local Government Act* 1989 applies, subject to modifications set out in s.27(4) note: may only waive levy if have waived rates or charges under s.171 of the Local Government Act 1989 for that land advice to Council and CEO**
s.27(1)	*duty to waive levy upon receipt of an application which complies with s.171(4) of the Local Government Act* 1989, in respect of rateable leviable land**	MF and RO	*s.171 of the Local Government Act* 1989 applies, subject to modifications set out in s.27(4) note: may only waive levy if have waived rates or charges under s.171 of the Local Government Act 1989 for that land**
s.27(1)	power to decide to treat a person to whom a waiver is granted as having made a continuing application or waiver in respect of rateable leviable land, in accordance with s.171(4)(f) of the Local Government Act 1989	MF and RO	*s.171 of the Local Government Act* 1989 applies, subject to modifications set out in s.27(4) note: may only waive levy if have waived rates or charges under s.171 of the Local Government Act 1989 for that land**
s.27(1)	function of receiving application for waiver of levy in respect of rateable leviable land	MF and RO	*s.171A of the Local Government Act* 1989 applies, subject to modifications set out in s.27(4) note: may only waive levy if have waived rates or charges under s.171A of the Local Government Act 1989 for that land**
s.27(1)	power to require information or verification in respect of rateable leviable land	MF and RO	*s.171A of the Local Government Act* 1989 applies, subject to modifications set out in s.27(4) note: may only waive levy if have waived rates or charges under s.171A of the Local Government Act 1989 for that land**
s.27(1)	power to waive levy or levy interest in respect of rateable leviable land	MF and RO	*s.171A of the Local Government Act* 1989 applies, subject to modifications set out in s.27(4) note: may only waive levy if have waived rates or charges under s.171A of the Local Government Act 1989 for that land advice to Council and CEO**
s.28(1)	power to defer payment of levy in respect of non-rateable leviable land where applicant shows hardship	MF and RO	*s.170 of the Local Government Act* 1989 applies, subject to modifications set out in s.28**
s.28(1)	power to require payment of levy in respect of non-rateable leviable land where applicant no longer in hardship or no longer occupies land	MF and RO	*s.170 of the Local Government Act* 1989 applies, subject to modifications set out in s.28**
s.28(1)	power to waive levy in respect of non-rateable leviable land	MF and RO	*s.171 of the Local Government Act* 1989 applies, subject to modifications set out in s.28(4)**
s.28(1)	*duty to waive levy upon receipt of an application which complies with s.171(4) of the Local Government Act* 1989, in respect of non-rateable leviable land**	MF and RO	*s.171 of the Local Government Act* 1989 applies, subject to modifications set out in s.28(4)**
s.28(1)	power to decide to treat a person to whom a waiver is granted as having made a continuing application or waiver in respect of non-rateable leviable land, in accordance with s.171(4)(f) of the Local Government Act 1989	MF and RO	*s.171 of the Local Government Act* 1989 applies, subject to modifications set out in s.28(4)**
s.28(1)	function of receiving application for waiver of levy in respect of non- rateable leviable land	MF and RO	*s.171A of the Local Government Act* 1989 applies, subject to modifications set out in s.28(4)**
s.28(1)	power to require information or verification in respect of non-rateable leviable land	MF and RO	*s.171A of the Local Government Act* 1989 applies, subject to modifications set out in s.28(4)**
s.28(1)	power to waive levy or levy interest in respect of non-rateable leviable land	MF and RO	*s.171A of the Local Government Act* 1989 applies, subject to modifications set out in s.28(4) advice to CEO and Council**
s.29(1)	duty to give concession	MF and RO
s.30(1)	duty to require a person to pay levy interest	MF and RO
s.30(3)	power to obtain court order requiring payment of levy	CEO
s.30(4)	power to waive levy interest where court order obtained under s.30(3)	CEO
s.30(5)	power to exempt any person from paying the whole or part of levy interest, in accordance with s.30(5)(a) or (b)	CEO
s.30(6)	power to recover levy interest due in the same way as Council recovers the levy amount	CEO
s.31(1)	power to recover the whole of the levy from either all, any or one persons jointly liable to pay levy	CEO	where 2 or more persons jointly liable to pay levy
s.32(7)	power to recover amount in arrears, in accordance with s.32(7)	MF and RO
s.33(1)	power to send notice where levy due and unpaid	MF and RO
s.33(5)	power to recover unpaid amount due	MF and RO
s.34	duty to make adjustment and apply or refund overpayment in accordance with s.34	MF and RO	where an objection, review or appeal results in the alteration of a valuation or a decision to attribute a different AVPCC
s.35(1)	power to recover unpaid levy amount	MF and RO
s.35(4)(b)	power to request occupier to disclose the amount of rent and name and address of person to whom rent is payable	MF and RO
s.36(1)	function of receiving application for refund of amounts overpaid	MF and RO
s.36(4)	duty to refund overpayment, if determined that the payment was in excess of amount owed	MF and RO
s.36(5)	power to refund overpayment, if determined that the payment was in excess of amount owed	MF and RO
s.37(1)	duty to separately account for levy amounts and levy interest collected	MF and RO
s.37(3)	power to retain any interest earned on levy amounts and levy interest	MF and RO
s.37(5)	duty to refund over payment	MF and RO
s.38(1)	power to cancel assessment of person's liability to pay levy if satisfied that an assessment has been made in error	MF and RO
s.38(2)	duty to comply with requirements in s.38(2) where Council has made an assessment in error	MF and RO
s.39(2)	duty to conduct another assessment of the levy amount and, if applicable, give the owner a revised assessment notice, in accordance with s.39(2)	MF and RO
s.39(3)	duty to refund payment in excess of amount owed and any interest accrued	MF and RO
s.40	duty to submit a return to the Commissioner	MF and RO	in a form approved by the Commissioner and in accordance with any directions issued by the Minister
s.41(1)	duty to pay all levy amounts and levy interest received to the Commissioner in 4 instalments	MF and RO
s.41(4)	power to decide to forward late payments of levy amounts and levy interest to the Commissioner at the same time as the next instalment is payable	MF and RO
s.71(1)	function of receiving application for alteration of levy records	MF and RO
s.71(2)	power to specify the manner and form of applications under s.71(1)	MF and RO
s.72	duty to comply with any Ministerial directions issued under s.72	MF and RO

FLORA AND FAUNA GUARANTEE ACT 1988
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.25(1)	function of being party to an agreement for management of flora and fauna	MAI
s.37(d)	function of responsible/planning authority to receive notice of conservation orders	MAI

FOOD ACT 1984
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.7D(3)	duty to comply with a declaration made by the Secretary under subsection (1)	CEO
s.7E(6)	duty to publish a copy of a direction given by the Minister under subsection (1) in the annual report	CEO
s.20(1C)	duty to ensure authorised officers are suitably qualified or trained	CEO	no delegation, power of CEO only
s.20(2)	power to limit or impose conditions on the authority granted to an authorised officer	CEO
s.26(5)	duty to destroy or dispose of article	EHO
s.32(1)	duty to submit samples of food for analysis	EHO
s.32(3)	function of receiving report by analyst	EHO
s45AA	power to act in proceedings against the Crown	CEO	no delegation, power of CEO only. power of the responsible agency
s.45AC	power to bring proceedings for an offence under the Act	EHO	in consultation with MAI and CEO
s.53G(1)	duty to provide information in subsection (1) to the Secretary as soon as practicable after a person is convicted by a court for an offence under this Act	CEO	where Council is the "relevant Council" under subsection (6)
s.53G(2)	duty to advise the Secretary that a person has not appealed a conviction within the time allowed	CEO	where Council is the "relevant Council" under subsection (6)
s.53G(3)	duty to advise the Secretary of the fact that an appeal or application for leave is lodged against the conviction and of other matters in this subsection	CEO	where Council is the "relevant Council" under subsection (6)
s.53G(4)	duty to inform the Secretary of the outcome of the appeal or application	CEO	where Council is the "relevant Council" under subsection (6)
s.58(1)	duty to notify the Director of Liquor Licensing where an order is Made under s.19 of the Act and a licence/permit under the Liquor Control Reform Act 1998 is in force	CEO	where council is the registration authority
s.58(2)	duty to notify the Director of Liquor Licensing when a holder of a permit/licence under the Liquor Control Reform Act 1998 is found guilty or pleads guilty and in respect of which no conviction is recorded	CEO	where council is the registration authority
s.58B(1)	power to take action in relation to a thing done or omitted at the food premises	EHO	where council is the registration authority for the temporary or mobile food premises in consultation with MAI and CEO
s.58B(2)	power to take into account results of inspection, assessment, audit or other action taken by another registration authority in relation to temporary or mobile food premises	EHO	where council is the registration authority for the temporary or mobile food premises in consultation with MAI and CEO
s.59C(2)	power to take actions necessary to ensure compliance with direction under section 19, section 19B or Part VII	EHO	in consultation with MAI and CEO
s.59C(7)(b)	power to recover costs incurred under subsection (2) or (3)	EHO and MAI	in consultation with CEO
s.71(a)	power to revoke or suspend of the registration of the food premises under Part IIIB or section 40D in certain circumstances	EHO and MAI	in consultation with CEO

GAMBLING REGULATION ACT 2003
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.3.3.5	function of receiving a copy of proposed applications	CEO	advice to Council
s.3.3.5AA	function of receiving notification from the Commission	CEO
s.3.3.5AB(2)	function of receiving a copy of the amended application	CEO
s.3.3.5B	duty to notify the Commission in writing as to whether it intends to make a submission under section 3.3.6	CEO	in consultation with Council
s.3.3.6	power to make submission to Commission on application for approval of premises	CEO
s.3.3.8(4)	function of receiving notification from the Commission of its decision	CEO	advice to Council
s.3.3.14	power to apply to Tribunal for review of Commission's decision granting approval of premises	CEO	in consultation with Council
s.3.4.18(2)	function of receiving a copy of proposed request	CEO	advice to Council
s.3.4.18A	function of receiving notification from the Commission that it has received a request	CEO	advice to Council
s.3.4.18B(2)	function of receiving amended copies of proposed request	CEO	advice to Council
s.3.4.18C	duty to notify Commission as to whether it intends to make a submission under section 3.4.19	CEO	in consultation with Council
s.3.4.19	power to make submission to the Commission addressing the economic and social impact of a proposed licence amendment on the wellbeing of the community of the municipal district in which the approved venue is located; and taking into account the impact of the proposed amendment on surrounding municipal districts	CEO	in consultation with Council. note: ratification by Council may be required
s.3.4.21(2)	power to apply to Tribunal for review of Commission's decision relating to amendment increasing number of gaming machines	CEO	no delegation, power of CEO only. in consultation with Council. note: ratification by Council may be required
s.8.5.3(2)	function of receiving a copy of application for bingo centre	CEO	advice to Council
s.8.5.5	power to submit report to Commission on application received under s.8.5.3(3)(a)	CEO	in consultation with Council note: ratification by Council may be required.

GRAFFITI PREVENTION ACT 2007
s.18(1)	power to take action necessary to remove or obliterate graffiti from private premises where graffiti is visible from a public place, in accordance with section 18	SCO and LLO	in consultation with Council and CEO
s.18(2)	power to enter private property for the purpose of section 18(1) if notice provided and owner has given written consent to removal of graffiti and entry	SCO and LLO	in consultation with CEO
s.18(2)(a)	power to serve notice regarding proposal to remove or obliterate graffiti at least 28 days before action proposed to be taken	SCO and LLO	in consultation with CEO
s.18(3)(a)	duty to serve notice regarding proposal to remove or obliterate graffiti at least 10 days before it is proposed to take action to remove or obliterate graffiti (where entry to private premises not necessary)	SCO and LLO	in consultation with CEO
s.18(3)(b)	power to remove or obliterate graffiti (where entry not necessary), where written notice of proposed action given and owner gives consent or does not object in accordance with notice	SCO and LLO
s. 18(3A)	power to take further action to remove or obliterate graffiti	SCO and LLO
s.18(8)(a)	duty to take reasonable steps to consult with owner or occupier in relation to manner of taking action to remove or obliterate graffiti	SCO and LLO
s.18(8)(b)	duty to ensure that work is done by an authorised person, where entry to the property is necessary under section 18(1)	SCO and LLO
s.18(8)(c)	duty to ensure that work is carried out expeditiously and to avoid unnecessary inconvenience and disruption and with reasonable care and to reasonable standards	SCO and LLO
s.19(1)	power to authorise a person to carry out Council's functions under section 18	CEO	no delegation power of CEO only
s.19(2)(c)	power to determine performance criteria for authorised persons	CEO	no delegation power of CEO only
s.20(1)	duty to issue an identity card to an authorised person	CEO	no delegation power of CEO only

HEALTH RECORDS ACT 2001
s.48	function of receiving notice of complaint from the Health Services Commissioner	CEO	no delegation power of CEO only. Advice to Council
s.51(1)	function of receiving notice that Health Services Commissioner has declined to entertain a complaint	CEO	no delegation power of CEO only. Advice to Council
s.51(3)	function of receiving notice that Health Services Commissioner referred complaint	CEO	no delegation power of CEO only
s.52(2)	function of receiving notice that Health Services Commissioner referred complaint to registration board	CEO	no delegation power of CEO only
s.53(2)	function of receiving notice that Health Services Commissioner has dismissed a stale complaint	CEO	no delegation power of CEO only
s.56(3)	power to indicate wishes with respect to whether conciliation appropriate	CEO	no delegation power of CEO only
s. 56(4)	function of receiving notice of Health Services Commissioner’s decision under section 56(1)	CEO
s.57(4)	function of receiving notice that Health Services Commissioner has dismissed the complaint after deciding conciliation is inappropriate	CEO	no delegation power of CEO only
s.61(1)(b)	power to sign the record of a conciliation agreement	CEO	no delegation power of CEO only. Advice to Council
s.61(2)	power to lodge a copy of the record with the Tribunal	CEO	no delegation power of CEO only
s.63(1)	function of receiving notice that conciliation has failed	CEO	no delegation power of CEO only. Advice to Council
s.63(8)	function of receiving notice that Health Services Commissioner has dismissed the complaint following a failed conciliation	CEO	no delegation power of CEO only. Advice to Council
s.63(10)	function of receiving notice that Health Services Commissioner is to conduct an investigation of the complaint	CEO	no delegation power of CEO only. Advice to Council
s.64(2)	function of receiving notice of Privacy Commissioner's ruling	CEO	no delegation power of CEO only. Advice to Council
s.64(7)	duty to report on action taken following notice of a ruling requiring specified action	CEO	no delegation power of CEO only. Advice to Council
s.65(1)	power to require the Health Services Commissioner to refer the complaint to the Tribunal	CEO	no delegation power of CEO only. Advice to Council
s.72	power to apply to the Tribunal for review of a decision to serve a compliance notice	CEO	no delegation power of CEO only. Advice to Council
s.73(1)	power to apply to the Tribunal for an interim order	CEO	no delegation power of CEO only. Advice to Council

HOUSING ACT 1983
s.15(1)(d)	function of consenting to any development, control, etc. of any land	CEO	no delegation, power of CEO only
s.34(1)	function of entering into arrangements with the Director whereby Council carries out works	CEO	no delegation, power of CEO only
s.34(3)	power to enter into arrangements with the Director for the purposes of this Act	CEO	no delegation, power of CEO only
s.67(1)(a)	power to do all things to make house comply with regulations or to give effect to direction	SPO, PlO and MBS
s.67(1)(b)	power to demolish house (where case so requires)	SPO, PlO and MBS	advice to Council and CEO
s.67(2)	power to recover expenses	SPO and PlO	in consultation with CEO
s.67(3)	power to sell or dispose of material	SPO and PlO	in consultation with CEO
s.68(1)	power to order that house (a) be and remain unoccupied; or (b) be vacated by the occupier	SPO and PlO	in consultation with CEO advice to Council
s.68A	power to revoke declaration	SPO and PlO	advice to Council and CEO
Sch 2, cl 3(1)	power to sell or give to the Director any land vested in it, other than Crown land	CEO	in consultation with Council
Sch 2, cl 3(2)	power to lease land, enter into agreements with the Director concerning land, or apply funds for carrying out such agreement	CEO	in consultation with Council
Sch 6, cl 1	duty to lodge signed certificate	CEO	no delegation, power of CEO only
Sch 6, cl 1	power to authorise staff member to sign certificate	CEO	no delegation, power of CEO only
Sch 6, cl 2	power to request recording in Register	CEO	no delegation, power of CEO only
Sch 6, cl 6	duty to lodge notice with the Registrar of Titles that the declaration has ceased to operate	CEO	no delegation, power of CEO only
Sch 6, cl 7(1)	power to require occupier to pay to council any money owing	CEO	no delegation, power of CEO only
Sch 6, cl 7(2)	duty to forward a copy of any notice under cl 7(1) to the owner of the house concerned	CEO	no delegation, power of CEO only
Sch 6, cl 7(5)	duty to notify occupier if council receives any payment	CEO	no delegation, power of CEO only

IMPOUNDING OF LIVESTOCK ACT 1994
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.9(3)	function of receiving notice from owner or occupier of whereabouts of livestock	SCO and LLO
s.10	power to give written permission to owner or occupier of land to impound livestock on their land for longer than 4 days	SCO and LLO
s.14	duty to keep record of impounded livestock	SCO and LLO
s.15	duty to ascertain owner of livestock and serve a notice of seizure on the owner as soon as possible	SCO and LLO
s.16	duty to release livestock	SCO and LLO
s.16A(3)	power to approve form of notice to be served under s.16A(1)	SCO
s.16B(3)	power to approve form of notice to be served under s.16B(1)	SCO
s.17	duty to hold livestock for seven days, or 3 days after time within which measures must be taken under notice served, prior to disposal	SCO and LLO	the amendment shown has not yet come into force and will commence 1/7/2013 if not proclaimed earlier
s.17A	duty to hold livestock for 14 days prior to disposal in accordance with Part 2	SCO and LLO	applies where authorised officer of Council has impounded livestock under section 5A of the Act
s.18	power to offer uncollected livestock for sale	SCO and LLO	in consultation with CEO
s.19	duty to give public notice of intention to sell livestock	LLO	in consultation with CEO
s.20	duty to apply the proceeds of the sale of livestock in the order set out in section 20(1)	SCO and LLO
s.21	power to dispose of livestock including destroying or re-housing	SCO and LLO	in consultation with CEO
s.22	function of posting written notice of the impounding of livestock at the pound where they are held	SCO and LLO
s.27	function of receiving notice of proceedings	CEO	no delegation power of CEO only
s.28(1)	duty to not sell or dispose of impounded livestock until (a) the time limit in section 27(2) has expired or (b) the proceedings have been determined or withdrawn, where council receives notification of proceeding under section 27(1)	SCO and LLO	in consultation with CEO
s.28(3)	power to release impounded livestock pending determination of proceedings	SCO and LLO	in consultation with CEO
s.29(2)	duty to release impounded livestock and convey it to the owner at Council's expense where Magistrates' Court determines impounding was in contravention of this Act	SCO and LLO	in consultation with CEO
s.30	power to recover outstanding amount as a debt	SCO and LLO	in consultation with CEO

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 3 Section 7 - Delegation from CEO to Staff

INFORMATION PRIVACY ACT 2000
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.19(1)	power to submit code of practice or variation to the Privacy Commissioner for approval	MWCS	in consultation with Council and CEO. Note: Ratification by Council may be required
s.20(6)	power to notify the Privacy Commissioner that intend to cease to be bound by an approved Code	CEO	no delegation, power of CEO only. In consultation with Council. Note: Ratification of Council may be required
s.28	function of receiving notice of a complaint from the Privacy Commissioner	MWCS	advice to Council and CEO
s.29(1)	function of receiving notice that the Privacy Commissioner has declined to hear a complaint	MWCS	advice to Council and CEO
s.29(8)	function of receiving notice that the Privacy Commissioner has dismissed a complaint	MWCS	advice to Council and CEO
s.30(2)	function of receiving notice that the Privacy Commissioner dismissed a stale complaint	MWCS	advice to Council and CEO
s.32(1)	function of receiving notice that the Privacy Commissioner does not consider conciliation appropriate	MWCS	advice to Council and CEO
s.32(6)	function of receiving notice that the complainant has not required the Commissioner to refer complaint to the Tribunal, and that complaint has been dismissed	MWCS
s.34A	function of receiving notice from the Commissioner of referral of the complaint to the Health Services Commissioner or the Disability Services Commissioner	CEO	no delegation power of CEO only
s.35(1)(b)	power to sign the record of a conciliation agreement	MWCS	in consultation with CEO
s.35(2)	power to lodge a copy of the record with the Tribunal	MWCS	in consultation with CEO
s.37(1)	function of receiving notice that conciliation has failed	MWCS	in consultation with CEO
s.37(6)	function of receiving notice that Commission has dismissed the complaint following a failed conciliation	MWCS	advice to CEO
s.38(1)	power to apply to the Tribunal for an interim order	CEO	no delegation, power of CEO only
s.49(1)	power to apply to the Tribunal for a review of a decision	CEO	no delegation, power of CEO only

INFRINGEMENTS ACT 2006
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.6	duty to provide Attorney-General with prescribed information	SCO, LLO and MEMPC	in consultation with CEO
s.9	power to make and publish guidelines and policies in respect of the use of official warnings for infringement offences	SCO, LLO and MEMPC	in consultation with CEO
s.11	duty to withdraw an official warning in certain circumstances	SCO, LLO and MEMPC	in consultation with CEO
s.15	power to accept late payment of infringement penalty	SCO, LLO and MEMPC	in consultation with CEO
s.17(1)	power to refer certain matters to the Court	CEO	no delegation, power of CEO only
s.17(3)	power to withdraw infringement notice and file a charge and summons in the Children's Court in some circumstances	CEO	no delegation, power of CEO only
s.18(1) & (2)	power to withdraw an infringement notice in some circumstances	CEO	advice to Council
s 22	function of receiving application for review of decision to serve infringement notice	CEO	advice to Council and CEO
s.23(1)	power to request additional information required to conduct review	CEO
s.23(2)	duty to suspend review where request made under s 23(1)	CEO
s.23(4)	power to refuse or grant request for extension of time made under section 23(3)(b)	CEO	advice to Council
s.23(5)	duty, if extension of time granted under section 23(4)(b), to inform applicant in writing of the period of the extension	CEO
s.23(6)(a)	power, if applicant fails to provide information requested under section 23(1) within time under section 23(3) or, within the period of extension if an extension is granted under section 23(4)(b), to review the decision under section 24 without additional information	CEO
s.23(6)(b)(i) & (ii)	power, if applicant fails to provide information requested under section 23(1) within time under section 23(3) or, within the period of extension if an extension is granted under section 23(4)(b), to accept information provided by the applicant out of time and to review the decision under section 24 with that late information	CEO
s.24(1)(a) & (b)	duty, if application for review under section 22 is received, to review decision to serve infringement notice and suspend procedures used for enforcement of infringement penalty until review complete and applicant is sent advice of outcome	CEO
s.24(2)	duty to ensure that a review is conducted by a person who was not involved in making the decision to serve the infringement notice	CEO	no delegation, power of CEO only
s.24(3)(a)	duty to review decision within prescribed time or, if additional information is requested under section 23, within prescribed period plus 35 days	CEO	no delegation, power of CEO only
s.24(3)(b)	duty to serve on the applicant written notice of outcome of review within 21 days of decision	CEO	no delegation, power of CEO only
s.25(1)	power, after reviewing a decision, to take the following actions (or any combination of those actions): confirm the decision to serve an infringement notice; withdraw the infringement notice and serve an official warning; withdraw the infringement notice; withdraw the infringement notice and refer the matter to the Court in accordance with Part 2 or, where infringement notice served on a child, withdraw the infringement notice and file a charge and summons in the Children's Court; in the case of an infringement offence involving additional steps, alter or vary those steps; waive all or any prescribed costs; or (a) approve a payment plan.	CEO	no delegation, power of CEO only
s.25(2)	power, in the case of application made under s.22(1)(b), to: (a) confirm the decision; (b) withdraw the notice and serve an official warning; or (c) withdraw the notice.	CEO	no delegation, power of CEO only
s.25(3)	duty to: · refer matter to the Court; or · where an infringement notice has been served on a child, withdraw infringement notice and file a charge and summons in the Children's Court	CEO	no delegation, power of CEO only
s.29(1) & (2)	power to serve a penalty reminder notice	SCO, LLO and MEMPC	in consultation with CEO
s.37(4)	function of receiving notice of time and place of hearing	SCO, LLO and MEMPC	in consultation with CEO
s.40(1)(a)	duty to lodge prescribed information with the Court, if person elects for lodgeable infringement offence matter to be heard by the Court or if matter referred to Court	SCO, LLO and MEMPC	in consultation with CEO
s.40(1)(d)	duty to serve details on person who was served with infringement notice, at least 14 days prior to hearing date	SCO, LLO and MEMPC	in consultation with CEO
s.46(1)	function of receiving application for payment plan	SCO, LLO and MEMPC	in consultation with CEO
s.46(3)	duty to offer payment plan in certain circumstances	SCO, LLO and MEMPC	in consultation with CEO
s.46(4)	power to offer payment plan in certain circumstances	SCO, LLO and MEMPC	in consultation with CEO
s.46(5)(a)	power to arrange and manage payment plan	SCO, LLO and MEMPC	in consultation with CEO
s.46(5)(b)	power to refer infringement penalty and costs to the Secretary for management by payment plan	MEMPC and SCO	in consultation with CEO
s.49(3)(a)	duty, if infringement notice withdrawn, to withdraw infringement penalty and prescribed cost from payment plan	MEMPC and SCO	in consultation with CEO
s.49(3)(b)	duty, if infringement notice withdrawn, to request the Secretary to remove the infringement penalty and prescribed costs from payment plan	CEO
s.50(1)	duty to allocate money received under payment plan in order of priority	CEO	in consultation with CEO
s.50(3)	duty to advise person to whom payment plan applies of overpayment	CEO and MEMPC
s.50(3)(a)	power to offer to apply amount of overpayment to outstanding infringement penalties, prescribed costs or enforcement orders, if person consents and directs council to do so	CEO and MEMPC
s.50(3)(b)	power to refund amount of overpayment by appropriating Consolidated Fund or refunding from another fund or account	CEO and MEMPC
s.51(1)	duty to provide Secretary with most up-to-date contact details of person to whom payment plan applies	CEO and MEMPC
s.51(2)(a)	power to request person to whom payment plan applies to confirm address details	CEO and MEMPC
s.51(2)(b)	power to supply address to Secretary	CEO
s.51(4)	Function of receiving notification from Secretary	CEO
s.52(2)	duty to send written notice advising of default on payment plan	CEO
s.54(1)	power to lodge details of outstanding infringement penalty with an infringements registrar in certain circumstances	CEO	no delegation, power of CEO only
s.58	power to request an infringements registrar not to make an enforcement order	CEO	no delegation, power of CEO only
s.63(1)	power to apply for reinstatement of enforcement order	CEO	no delegation, power of CEO only
s.63A(2)	power to apply for a revocation of an enforcement order	CEO	no delegation, power of CEO only
s.64(2)	function of receiving notification of revocation of enforcement order	CEO
s.65(1)(a)	power to apply to infringements registrar for revocation of enforcement order	CEO	no delegation, power of CEO only
s.66(5)	function of being notified of revocation of enforcement order	CEO
s.69(1)	power to request infringements registrar not to refer matter to Court, by written notice	CEO	no delegation, power of CEO only
s.75(1)(b)	function of being served notice of intention to apply for rehearing	CEO
s.123(3)(b)(ii)	power to apply to infringements registrar to make an attachment of earnings order	CEO	advice to Council
s.129(3)(b)(ii)	power to apply to infringements registrar to make an attachment of debts order	CEO	advice to Council
s.164(3)	power to, on written request, give access to any information held by council that may be of use in enforcement of orders or warrants to sheriff or any contractor or subcontractor supporting functions of sheriff or infringements registrar	CEO	Council must be a specified agency (see Schedule 2 of Regulations)

LAND ACT 1958
s.22D(1)	Duty to execute an instrument to transfer and surrender	CEO	where the Attorney-General has authorised Council to surrender land
s.103(1)(d)	power to consent to closure of road which is impossible or useless within municipality	MAI	in consultation with Council and CEO
s.134A(2)(a)	power to be consulted before Minister grants lease for stratum of Crown land	MAI	in consultation with CEO advice to Council
s.138A(3)(a)	power to be consulted before person grants licence for strata of Crown land	MAI	in consultation with CEO. advice to Council
s.140A(3)(c)	duty to provide report to Minister for grant of licences for jetty landing stages on Crown land	MAI
s.172(1)	power to approve excise of land from certain streets by Governor in Council	CEO	no delegation, power of CEO only
s.183A(1)	power to raise funds by allowing use of common for the purposes of agriculture	CEO	no delegation, power of CEO only. Advice to Council. Note: Ratification by Council may be required. Consent of Minister required
s.190	power to authorise persons to enter onto Crown land and remove materials for the purposes of forming/maintaining public road	CEO	no delegation, power of CEO only. Advice to Council. Note: Ratification by Council may be required. Consent of Minister required
s.349	power to agree to closure of road on land vested in the Crown	MAI	in consultation with CEO advice to Council
s.400	power to give notice to Secretary that road is an unused road	CEO	no delegation, power of CEO only. Land Regulations 2006, r 9. A notice under section 400 of the Act that a road or part of a road that a municipal council considers is not required for public traffic is an unused road, must be made in the form in Schedule 4 and contain particulars of the road or part of the road required by Schedule 4.
s.407(1)	power to inform Minister it is desirable to re-open licensed closed road or water frontage	CEO	no delegation, power of CEO only. Advice to Council. ratification by Council may be required
s.407(3)(b)	power to cause any building/hedge/ditch etc. to be taken down/filled up/removed etc.	CEO	where a licence under Division 8 of Part 1 has been cancelled under section 407(1) no delegation, power of CEO only.
s.411	function of receiving particulars of licence from the Secretary	CEO

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 3 Section 7 - Delegation from CEO to Staff

LAND ACQUISITION AND COMPENSATION ACT 1986
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
			General Notes: · certain provisions in this Act apply only to Councils in their capacity as acquiring authorities ("authority") or to Councils in their capacity as responsible authority ("responsible authority") · all powers, duties and functions under this Act exercised under delegation to be reported to the CEO as soon as practicable
s.6	duty of the authority to serve notice of intention to acquire on persons with an interest in the land	RMO	in consultation with Council and CEO. Note: Ratification by Council May be required
s.9(1)	duty of the authority to serve copy of notice on certain responsible authorities	RMO	to be reported to the CEO as soon as practicable
s.9(2)	duty of the responsible authority to provide information in writing when required to do so by an authority	RMO	to be reported to the CEO as soon as practicable
s.9(3)	duty of the responsible authority to forward a copy of application for planning permit/building approval to an authority	RMO	to be reported to the CEO as soon as practicable
s.10(1)	duty of the authority to lodge notice and prescribed fee with the Registrar of Titles or Registrar-General	RMO	to be reported to the CEO as soon as practicable
s.10(4)	duty of the authority to give notice of cancellation/lapse in writing	RMO	to be reported to the CEO as soon as practicable
s.10(7)	duty of the authority to pay fees where an owner applies for a new section 32(2) certificate	RMO	to be reported to the CEO as soon as practicable
s.14(1)	power of an authority to amend notice upon agreement with persons on whom it was served	RMO	in consultation with CEO
s.15(1)	power of an authority not to proceed with the acquisition	CEO	no delegation power of CEO only. Advice to Council. Note: Ratification by Council May be required
s.15(2)	duty of the authority to serve a statement cancelling the notice of intention to acquire	RMO	to be reported to the CEO as soon as practicable
s.17	power of the authority to agree with owner to extend operation of notice	RMO	in consultation with CEO
s.18(1)	Power of the authority to acquire interest in land by agreement	RMO	to be reported to the CEO as soon as practicable
s.19	function of the authority publishing a notice declaring the interest to be acquired	RMO	to be reported to the CEO as soon as practicable
s.22	duty of the authority to serve copy notice of acquisition and a statement to persons interested in that land	RMO	to be reported to the CEO as soon as practicable
s.23	duty of the authority to publish copy notice of acquisition in local newspaper	RMO	to be reported to the CEO as soon as practicable
s.26(1)	duty of the authority to endeavour to obtain agreement with the owner/occupier	RMO	to be reported to the CEO as soon as practicable
s.26(5)	power of the authority to enter into possession of the land	RMO	to be reported to the CEO as soon as practicable
s.26(11)	duty of the authority to serve copy certificate under section 26(4)(a) on occupier	RMO	to be reported to the CEO as soon as practicable
s.27	power of the authority to recover any rent due	RMO	to be reported to the CEO as soon as practicable
s.28(1)	power of the authority to issue a warrant where refusal to give up possession	CEO	no delegation power of CEO only. In consultation with Council
s.31(1) and supporting provisions	power of the authority to Make an offer, including the power to determine amount of the offer.	CEO	no delegation power of CEO only. In consultation with Council. Note: Ratification by Council may be required
s.31(5)	duty of the authority to have regard to a valuation of the land in making an offer under section 31	CEO	no delegation, power of CEO only. In consultation with Council. Note: Ratification by Council may be required
s.31(7)	power of the authority to reduce the offer by an amount equal to outstanding interest, rates, taxes, etc.	CEO	no delegation, power of CEO only. In consultation with Council. Note: Ratification by Council may be required
s.32(1)	duty of the authority to set out total amount of compensation where Minister directs information required to be set out by section 31 is inappropriate	CEO	no delegation, power of CEO only. In consultation with Council. Note: Ratification by Council may be required
s. 32(2)	duty of the authority to pay the total amount of compensation offered in court	CEO
s.32(4)	duty of the authority to apply to the court for determination of the amount payable	CEO	no delegation, power of CEO only. In consultation with Council. Note: Ratification by Council may be required
s.32(4)	duty of the authority to apply to the court for determination of the amount payable	CEO	no delegation, power of CEO only. In consultation with Council
s.33(1)	function of the authority of receiving notice of acceptance or notice of claim	CEO	no delegation, power of CEO only. In consultation with Council
s.36(1)	duty of the authority to serve a reply to the notice of claim
s.36(2)	power of the authority to admit/vary/reject the claim under section 36	CEO	no delegation, power of CEO only. In consultation with Council
s.36(3)	duty of the authority to provide claimants with method and basis of its valuation	RMO
s.37(4)	duty of the authority to serve reply to notice of claim on claimant, where no offer was made	CEO	no delegation, power of CEO only
s.43(2)	power of the authority to give notice of intention	CEO	no delegation, power of CEO only
s.43(3)	duty of the authority to do action specified in notice under section 43(2)	CEO	no delegation, power of CEO only
s.45(1)	power of the authority to grant a loan to claimant	CEO	in consultation with Council.
s.48(2)	duty of the authority to serve reply to notice of claim within 3 months on claimant	CEO	no delegation, power of CEO only
s.51(8)	power of the authority to advance compensation to assist a person purchasing another interest in land	CEO	no delegation, power of CEO only
s.63(1)	duty of the authority to prepare all instruments of conveyance	RMO
s.65(a)	function of the authority to receive interest in land despite any restrictions under other laws	CEO	no delegation, power of CEO only
s.65(b)	function of the authority to recover compensation where authority acquires an interest under section 65(a)	RMO	in consultation with CEO
s.67(1)	function of the authority to negotiate with agents	RMO	in consultation with CEO
s.68(1)	Power of the authority to purchase or redeem interest in mortgage	RMO	in consultation with CEO
s.68(4)	power of the authority to direct where to convey release of mortgagee's interest upon payment under section 68(3)	RMO
s.68(5)	power of the authority to give notice to the mortgagee that it will pay principal and interest upon 6 months of the notice	RMO	in consultation with CEO
s.68(6)	power of the authority to direct where to convey release of mortgagee interest upon payment under section 68(5)	RMO
s.69(1)	power of the authority to pay amounts required under sub-ss. (c)-(e) to the credit of the Trust Fund where mortgagee fails to release interest or adduce good title	CEO	no delegation, power of CEO only
s.69(2)	power of the authority to execute a deed poll	CEO	no delegation, power of CEO only
s.69(3)	duty to register the deed poll in the office of the Registrar-General	RMO
s.70(1)	function of the authority to negotiate with the mortgagee/person entitled to redemption of the value of interest and compensation where sum payable exceeds value of land	RMO	in consultation with CEO
s.70(4)	power of the authority to direct where to convey release of mortgagee interest upon payment under s.70(3)	RMO
s.71(1)	power of the authority to pay amount required by s.70(3) to the credit of the Trust Fund where mortgagee fails to convey interest or adduce good title	CEO	no delegation, power of CEO only
s.71(3)	power of the authority to execute and register a deed poll	CEO	no delegation, power of CEO only
s.72(1)	function of the authority to settle an agreement with mortgagee/person entitled to redemption of interest payable where part of the land is taken	RMO	in consultation with CEO
s.72(4)	power of the authority to direct where to convey release of mortgagee's interest	RMO
s.72(6)	function of the authority to furnish copy memorandum under s.72(5)	RMO
s.73(1)	power of the authority to pay compensation to the credit of the Trust Fund where mortgagee fails to release/adduce good title	CEO	no delegation, power of CEO only
s.73(3)	power of the authority to execute and register a deed poll	CEO	no delegation, power of CEO only
s.74(1)	power of the authority to enter land	MWCS, RMO and MAI	advice to CEO
s.74(2)	duty of the authority to serve notice of intention to enter and a statement on occupier and owner	MWCS, RMO and MAI	advice to CEO
s.75(1)	power of the authority occupy land as long as is necessary for the purposes of the Local Government Act 1989	CEO	no delegation, power of CEO only
s.75(2)(a)	power of the authority or authorised person to dig and take from land any clay, soil, etc.	MAI and MR	in consultation with CEO
s.75(2)(b)	power of the authority to deposit any material on land	MAI and MR	in consultation with CEO
s.75(2)(c)	power of the authority to Make cuttings or excavations on land	MAI and MR	in consultation with CEO
s.75(2)(d)	power of the authority to take timber from the land	MAI	in consultation with CEO
s.75(2)(e)	power of the authority to make and use roads on land	MAI and MR	in consultation with CEO
s.75(2)(f)	power of the authority to manufacture on the land any materials required	MAI	in consultation with CEO
s.75(2)(g)	power of the authority to erect workshops, sheds, etc on land	MAI	in consultation with CEO
s.75(3)	duty of the authority to serve notice in writing on owner/occupier and Soil Conservation Authority if intends to enter land	MAI
s.75(5)	duty of the authority to give notice in writing of nature and quantity of material taken	MAI
s.76	duty of the authority to comply with obligations under section 76(a)-(e)	MAI
s.79(1)	duty of the authority to fence land when so required by the owner	MAI
s.80	power of the authority to refer a claim to the Court/Tribunal for determination	CEO	no delegation, power of CEO only
s.83	duty of the authority to serve a copy of the referral notice on other parties	MAI
s.87	power of the authority in a compulsory conference to increase the amount of an offer	CEO	no delegation, power of CEO only
s.91(4)	power of the authority to set-off costs of determinations against any compensation award/costs payable to claimant	CEO	no delegation, power of CEO only
s.96(1)	function of the authority to make application to the court for a valuer	MAI	in consultation with CEO
s.103(1)	power of the authority to inspect documents by notice in writing	MAI
s.104(3)	power of the authority/authorise a person to accept service on its behalf	MAI	in consultation with CEO
s.106(1)(c)	power of the authority to extend/abridge time limits under the Act by agreement with concerned party	MAI	in consultation with CEO
s.109(1)	power of the authority to sell, lease or deal with an interest in land	MAI and RMO	in consultation with CEO
s.109(2)	duty of the authority to offer the land for sale to the former owner if within 18 months of acquisition under the Act	MAI	in consultation with CEO

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 3 Section 7 - Delegation from CEO to Staff

LOCAL GOVERNMENT ACT 1989
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.74C	power to make a submission to the local government panel	CEO
s.75	duty to reimburse councillors for necessary out of pocket expenses incurred while performing duties	CEO
s.75A	power to reimburse members of council committees for necessary out of pocket expenses incurred while performing duties	CEO
s.75B(3)	duty to keep reimbursement policy available for inspection at Council's office	CEO
s.76A	duty to take out and maintain certain insurance	CEO	no delegation, power of CEO only
s.76C(6)	duty to give copy of Code of Conduct to each Councillor and duty to make Code of Conduct available for inspection by the public	CEO
s.80(1)	power to apply to the Minister in writing for exemption of councillors from s.79	CEO	no delegation, power of CEO only ratification by Council may be required
s.80(1A)	function of providing additional information regarding application to exempt councillors from section 79 to the Minister	CEO	no delegation, power of CEO only
s.81(2B)	duty to review any exemptions in force under section 81(2A) with 12 months after a general election	CEO	no delegation, power of CEO only
s.81F	power to request to be joined as a party to a VCAT proceeding regarding Councillor misconduct	CEO	no delegation, power of CEO only ratification by Council may be required
s.81G(1)(b)	function of receiving notice from Councillor Conduct Panel	CEO
s.81J(5)	duty to pay necessary expenses incurred by Councillors attending mediation, training or counselling	CEO	no delegation, power of CEO only
s.81L(5)	duty to amend Councillor Code of Conduct if directed by the Councillor Conduct Panel	CEO
s.82(3)	duty to ensure the office is open on the days and during the times specified by Council	CEO and MWCS
s.82A(1)	duty to maintain website	MWCS
s.82A(2)(a)	duty to ensure public notices are published on website	MWCS
s.82A(2)(b)	duty to ensure each local law in force is available on website	MWCS
s.82A(2)(c)	duty to ensure list of documents available for public inspection and instructions how such documents can be examined are available on website	MWCS
s.85(7)	function of receiving a copy of order	CEO	advice to Council
s.87(1)	duty to keep register of delegations to special committees	CEO	no delegation, power of CEO only
s.89(4)	duty to give at least 7 days notice of council and special committee meetings	CEO	no delegation power of CEO only unless section 89(4A) applies
s.89(4A)	duty to provide such notice as practicable and to specify extraordinary circumstances which prevented giving 7 days notice of meeting	CEO	no delegation power of CEO only
s.93(1)	duty to keep minutes of meetings	CEO	no delegation power of CEO only
s.94(6)	duty to make details of proposed remuneration of CEO available for public inspection	CEO
s.98(4)	duty to keep register of delegations to members of Council staff	CEO	no delegation power of CEO only
s.101(1)	duty to implement long service leave for council staff	CEO	no delegation power of CEO only
s.109(3)	function of receiving report from probity auditor	CEO
s.119(2)	duty to give notice in government gazette and a public notice stating certain matters	CEO	no delegation power of CEO only
s.119(2A)	duty to ensure proposed law is available for inspection	CEO
s.119(3)	duty to give notice in government gazette and a public notice after local law is made	CEO	no delegation power of CEO only
s.119(4)	duty to send copy local law to Minister	MEMPC and SCO
s.120(1)	duty to print copies of local laws	MEMPC and SCO
s.120(2)(a)	duty to make local laws available for inspection	MEMPC and SCO
s.120(2)(b)	duty to make local laws available for purchase	MEMPC and SCO
s.120(3)	duty to make available for inspection all documents incorporated by local laws	MEMPC and SCO
s.125(5)	duty to submit a copy of the Council Plan to the Minister	CEO	no delegation, power of CEO only
s.125(10)	duty to advise the Minister of details of adjustment to the Council Plan	CEO	no delegation, power of CEO only
s.125(11)	duty to Make Council Plan available for inspection	MCS
s.126(4)	duty to Make copy of Strategic Resource Plan available for inspection	MWCS and MF
s.129(1)	duty to provide public notice after preparing a budget or revised budget	MF
s.129(4)	duty to display copy of budget and revised budget	MWCS and MF
s.130(2)	duty to give notice of its decision to adopt budget or revised budget	MF
s.130(4)	duty to submit a copy of the budget to the Minister	CEO	no delegation power of CEO only
s.130(7)	duty to give the Minister any details concerning its budget or revised budget that the Minister requires	CEO	no delegation power of CEO only
s.130(9)	duty to Make copies of the budget or revised budget available for inspection by the public	MWCS and MF
s.131(1)	duty to prepare an annual report	MWCS and MF
s.131(6)	duty to submit annual report to the Minister	CEO	no delegation, power of CEO only
s.131(10)	duty to give public notice that the annual report has been prepared and may be inspected at the Council office	MCS
s.131(11)	duty to make annual report available for inspection	MCS
s.131(12)(a)	duty to give public notice of receipt of auditor's report	MWCS and MF
s.131(12)(b)	duty to make auditor's report available for inspection	MWCS and MF
s.132(1)	duty to prepare Performance Statement	MWCS and MF
s.132(5)	duty to submit performance statement to auditor	MCS and MF
s.132(9)	duty to submit Performance Statement to Minister	CEO	no delegation, power of CEO only
s.136(1)	duty to implement the principles of sound financial Management	MF
s.137(1)	duty to establish/maintain a budgeting and reporting framework that is consistent with the principles of sound financial Management	MF
s.140(1)	duty to keep records and accounts	MWCS and MF
s.140(2)(a)	duty to ensure moneys due are collected	MWCS and MF
s.140(2)(b)	duty to implement arrangement for security of money received	MWCS and MF
s.140(2)(c)	duty to expend moneys received	Staff with approved financial delegations	In accord with limits set in procurement policy and delegations
s.140(2)(d)	duty to ensure control over assets	MAI, MCoS, MWCS, MF and MR
s.140(2)(e)	duty to ensure liabilities are authorised	MF	in consultation with CEO
s.140(2)(f)	duty to ensure efficiency of operations	CEO	no delegation, power of CEO only
s.140(2)(g)	duty to develop and maintain adequate internal control system	MCS and MF
s.140(3)	duty to keep accounts and records up to date and ready for inspection	MWCS and MF
s.141	power to apply money to: · perform functions and powers under this or any other Act · repay an overpayment · make a refund	MWCS and MF	in consultation with CEO schedules of accounts paid to be submitted to next possible Council meeting for Council approval of reimbursements to Advance Account
s.142(1)	power to waive payments	MWCS and MF	subject to limits as determined by CEO
s.142(3)(a)	power to defer payments	MWCS and MF	subject to limits as determined by CEO
s.142(3)(b)	power to waive payment and interest	MWCS and MF	subject to limits as determined by CEO
s.142(3)(c)	power to waive interest	MWCS and MF	subject to limits as determined by CEO
s.143(a)	power to invest money in government securities (Commonwealth)	MF	in consultation with CEO
s.143(b)	power to invest money in government securities (Victoria)	MF	in consultation with CEO
s.143(c)	power to invest money with an authorised deposit-taking institution	MF	in consultation with CEO
s.143(d)	power to invest money with a financial institution	MF	in consultation with CEO
s.143(e)	power to invest money with eligible money market dealers	MF	in consultation with CEO
s.154	power to determine that land is not rateable land in accordance with s.154	CEO	no delegation, power of CEO only
s.157(2)	duty to publish notice of change in valuation system	MF
s.158(3)	power to levy rates by sending notice to person liable	MF
s.158(3A)	power to send rate notice to a person specified upon request	MF
s.159(5)	power to determine form and time period	MF
s.159(6)	power to require applicant to give further particulars or verify particulars	MF
s.161(3)	duty to make available for inspection certain information	MWCS and MF
s.163(1C)	duty to send a copy of the public notice to each person who will be liable to pay the special rate or special charge	MF
s.163(4)	power to levy special rate/charge by sending notice to person liable	MF
s.164(2)	duty to notify of decision under sub-s.(1) to persons liable to pay special rate/charge	MF, MAI and MWCS
s.165	duty to refund excess money	MF
s.166(2)	duty to notify persons liable that special rate/charge varied	MF
s.169(2)	duty to send notice to person who was granted a rebate or concession and not complied with terms	MF	in consultation with CEO
s.170(1)	power to defer payment where applicant shows hardship	MF	in consultation with CEO
s.170(3)(a)	power to require payment where no longer hardship/in occupation	MF	in consultation with CEO
s.171(1)	power to waive rate/charge to eligible recipient or in accordance with Council determination	MF	in consultation with CEO
s.171(4)(e)	duty to waive amount which is in accordance with concession order upon receipt of application	MF	in consultation with CEO
s171(4)(f)	power to decide to treat person to whom waiver granted as having made continuing application or waiver	CEO	no delegation, power of CEO only. requires the approval of the Minister administering the State Concessions Act 2004
s.171(5A)	power to waive rate/charge where person has the right to recover it from another (upon application of the eligible recipient)	MF	in consultation with CEO
s.171A(1)	function of receiving application for waiver	MF
s.171A(2)	power to require information or verification	MF
s.171A(3)	power to waive rate/charge/interest	CEO	no delegation, power of CEO only
s.172(1)	power to raise interest and require payment from person liable	MF
s.172(3)	power to exempt a person from paying interest	CEO	no delegation, power of CEO only
s.172(4)	power to recover interest due	MF
s.173(2)(a)	duty to refund rates/charges where land ceases to be rateable and payment was made	MF	advice to CEO
s.173(2)(b)	duty to require pro rata payment where land ceases to be rateable	MF	advice to CEO
s.175(2)	power to require current rates, arrears from person acquiring land	MF
s.177(1)	power to require occupier to pay rent upon notice	MF
s.177(4)	power to recover unpaid rent as a debt due	MF
s.180(1)	power to recover unpaid rate/charge as a debt due	MF
s.181(2)	power to dispose of land where rate/charge unpaid	CEO	no delegation, power of CEO only
s.181(5)	power to serve and to give notices before Council sells the land.	MF	in consultation with CEO
s.181(7)	power to deduct expenses incurred in connection with sale	MF
s.185C(1)	duty to comply with any direction of the Minister under s.185B	CEO	no delegation, power of CEO only
s.185C(4)	duty to give the Minister information required to determine whether Council has complied with s.185B	CEO	no delegation, power of CEO only
s.186(1)	duty to give notice and invite proposals where intend to enter into contract in excess of $150,000.00	CEO	no delegation, power of CEO only
s.186(3)	duty to ensure the public notice for tenders and expression of interest are in the prescribed form	MWCS, MF, and MAI
s.186A(8)	duty to Make procurement policy available for public inspection on website and at Council offices	CEO	no delegation, power of CEO only
s.188(a)	power to accept devise of real property, gift, etc	CEO	no delegation, power of CEO only
s.188(b)	power to carry out condition of devise, gift, etc	MWCS, MF and MAI	in consultation with CEO
s.189(2)(a)	duty to give notice before sell/ exchanging land	RMO
s.189(2)(b)	duty to obtain valuation before selling/exchanging land not more than 6 months prior to the sell/exchange	RMO
s.190	power to lease land where there is no requirement to give public notice under section 223	CEO	no delegation, power of CEO only
s.190(3)	duty to give notice before making certain leases	RMO and MAI	in consultation with CEO section 190(1) applies
s.194	power to compound with certain persons	CEO	no delegation, power of CEO only ratification by Council may be required
s.199	duty to give notice of proposed drainage works to persons affected	MAI and MWCS	advice to CEO
s.200(1)	power to give persons notice that must carry out drainage works	MAI and MWCS	advice to CEO
s.200(2)	power to carry out works itself where non-compliance with notice	MAI and MWCS	advice to CEO
s.201(1)	duty to construct, manage, etc works under schemes approved under Water Act 1989	MAI and MWCS
s.201(2)	power to carry out any power under the Act for purpose of sub-section 201(1)	MAI and MWCS
s.203(1)	power to develop and implement a transport plan	MAI and MWCS
s.203(2)	power to prepare a transport plan jointly with one or more other councils	MAI and MWCS
s.203A	power to procure, provide or enable transport services within the municipal district	MAI and MWCS	in consultation with CEO and Council
s.204(1)	power to publish notice in Government Gazette of road to be declared a public highway	MAI	in consultation with CEO
s.207D(2)	duty to notify Registrar of Titles of an action under section 207D(1)(b) or a transfer of land in the form described in (a) – (c)	MAI	advice to CEO delegation only extends to matters within the functional responsibility of the MAI.
s.208A	duty to comply with the Best Value Principles	MWCS, MF, MCoS, MAI and MR
s.208D	duty to develop quality and cost standards for the provision of services to the community	MWCS, MF, MCoS, MAI and MR
s.208E(1)	duty to develop a program for the application of the Best Value Principles	CEO	no delegation, power of CEO only
s.208E(2)	duty to ensure that the program required by subsection (1) is available to the public.	MWCS
s.208E(3)	duty to apply the Best Value Principles to services	MWCS, MF, MCoS, MAI and MR
s.208F	duty to ensure that any quality or cost standards adopted are available for inspection by the public	MWCS
s.208G	duty to report on what has been done to ensure that effect has been given to the Best Value Principles	MWCS
s.208H(3)	duty to comply with Code	CEO	no delegation, power of CEO only
s.219C(5)	function of receiving notice of electoral representation review	CEO
s.219F(8)	duty to ensure copy of preliminary report is available for inspection	MWCS
s.219F(11)	duty to ensure that the final report is available for inspection and may be purchased	MWCS
s.219P	function of receiving account from Victorian Electoral Commission	CEO
s.222(1)	duty to make prescribed documents available for inspection at all reasonable times	MWCS
s.222(3)	administrative power to fix reasonable fees for inspection and copying	MWCS and MF
s.223(1)(a)	duty to publish a public notice	MWCS, MF, MAI, MCoS and MR
s.223(1)(b)(iii)	administrative duty to give reasonable notice of day, time and place of the meeting to each person who made a request to appear in person, or be represented in the submission	MWCS, MF, MAI, MCoS and MR
s.223(1)(d)(ii)	duty to notify submitters after made decision	MWCS, MF, MAI, MWC and MCoS
s.223(3)	power to authorise members of Council staff to carry out administrative procedures	CEO	no delegation power of CEO only
s.224(1)	power to appoint authorised officer	CEO	no delegation power of CEO only
s.224(1A)	duty to maintain register of authorised officers	CEO	no delegation power of CEO only
s.224(2)	duty to supply authorised officers with identity cards	HRO	in consultation with CEO authorisation only to be made in respect of areas of responsibility of delegate.
s.225(1)(b)	power to carry out required work where person fails to do so	MWCS, MF, MAI, MCoS and MR	delegation extends only to area of functional responsibility of each Manager
s.225(3)	power to recover costs of carrying out work	MF, MWCS and MAI
s.227	power to require payment of all or part of money from present owner or occupier	CEO	no delegation, power of CEO only
s.227AA	power to recover costs, fees and expenses from owner of house subject to declaration	CEO	no delegation, power of CEO only
s.227A(1)	power to require payment of interest	MF
s.229(1)	function of receiving application for land information certificates	MF
s.229(3)	power to provide prescribed information or any other information relevant to land	MF
s.232(1)	power to institute proceedings	CEO	no delegation, power of CEO only
s.232(1)	power to authorise a person to institute proceedings	CEO	no delegation, power of CEO only
s.237A	*duty to make available to the Secretary to the DPI any information requested in accordance with s.121A of the Livestock Disease Control Act* 1994**	MEMPC and SCO	note: this provision has not yet come into operation and will commence 1/7/2013 if not proclaimed earlier
Schedule 3 cl.17(1)(i)	duty to give public notice of the result of the poll	CEO	no delegation, power of CEO only
Schedule 6 cl.2	duty to commence the development and implementation of an equal employment opportunity programme	HRO
cl.4	duty to take any action necessary to give effect to its equal employment opportunity programme	HRO
cl.5	power to determine and use special tests and qualifications to enhance recruitment and promotion of persons in any designated group	MWCS, MF, MAI, MR and MCoS
Schedule 10 cl.1(a)	power to make and maintain and repair roads	MWCS and MAI
cl.2	administrative functions necessary to give effect to power to deviate roads	MWCS, MAI and MR
cl.3	administrative functions necessary to give effect to power to discontinue roads	MAI
cl.4	power to enter and take any materials necessary from certain land	MAI
cl.5	power to give, approve, allot and change names and numbers for roads and premises, to erect signs and to require persons to number their premises and renew those numbers	MWCS and MAI	power in clause 5(1) must be exercised in accordance with the Geographic Names Places Act 1998
cl.6	power to cause standard survey marks to be established in roads	MAI, MWCS and MR
cl.8(1)(b)	power to allow persons to make minor repairs, alterations, etc between the old alignment and the new alignment of a road	MAI, MWCS and MR	advice to CEO
cl.8(3)	duty to publish notice in Government Gazette before starting work	MAI, MWCS and MR
cl.9	power to provide for temporary roads	MAI, MWCS and MR
cl.10	power to permit the erection and maintenance of gate and fences and to revoke the permission and to permit the construction of by-passes for unfenced roads and to revoke the permission and require the removal of the by-pass	MAI, MWCS and MR	advice to CEO
cl.11(a)	power to require/cause the filling up of holes or excavations	MAI, MWCS and MR
cl.11(b)	power to require/cause the removal of a cause of danger/damage	MAI, MWCS and MR
cl.11(c)	power to require/cause the erection or restoration of a fence between the holes or excavations and any adjacent land or road	MAI, MWCS and MR
cl.12	power to make, maintain, repair or reconstruct a bridge or crossing	MAI, MWCS and MR
Schedule 11 cl.1	power to fix times when vehicles may stand in parking areas and the fees for and manner of standing in parking areas	MAI, MEMPC and SCO	in consultation with Council and CEO ratification by Council may be required
cl.2	power to issue special parking permits to disabled persons	MCoS
cl.3	power to remove abandoned/unregistered vehicles	SCO, LLO and MEMPC
cl.4	power to tow away and impound vehicles which are causing an unlawful obstruction etc and to charge a fee	SCO, LLO and MEMPC	advice to CEO
cl.5	power to require or cause the removal of any encroachment or obstruction	SCO, LLO and MEMPC
cl.6	power to control traffic to enable works to be carried out on, over, or on land next to a road	MWCS, MAI and MR
cl.7	power to close a road, or part of a road for a particular period	MWCS, MAI and MR	advice to CEO
cl.8	power to erect and remove any works or structures to protect passengers, pedestrians and drivers or to regulate traffic on a road	MWCS, MAI and MR	advice to CEO
cl.9	administrative functions necessary to give effect to power to block or restrict the passage or access of vehicles on a road by placing a permanent barrier or obstruction on a road	MWCS, MAI and MR	advice to CEO. only to be exercised where report from Roads Corporation has been considered; and if the road is a freeway or arterial road, consent of Roads Corporation is required
cl.10(1)(a) & cl.10(1)(b)	power to block or restrict the passage or access of vehicles on a road by placing a temporary barrier or obstruction on a road	MWCS, MAI and MR	advice to CEO. if the road is a freeway or arterial road, consent of Roads Corporation is required
cl.11	administrative functions necessary to give effect to power to declare a road or part of a road a shopping mall and prohibit or restrict the entry of vehicles	CEO	no delegation, power of CEO only ratification by Council may be required
cl.12	administrative functions necessary to give effect to power to prohibit the use of a road by a vehicle over a certain size or weight	MAI	consultation with CEO only to be exercised where immediate risk of danger to people or damage to property exists and action is immediately reported to Council
cl.13	power to determine speed limits	MAI	in consultation with Council and CEO
cl.14	power to prohibit or restrict traffic on a road if unsafe	MAI, MWCS, MEMPC, SCO and LLO	advice to CEO

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 3 Section 7 - Delegation from CEO to Staff

PUBLIC HEALTH AND WELLBEING ACT 2008
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	COMMENTS
s.25	duty to report to the Secretary when required by notice	CEO
s.26(1)	duty to prepare municipal health and wellbeing plan within 12 months after each general election in accordance with subsections (2) & (3)	MAI and EHO	in consultation with CEO and Council
s.26(4)	duty to review municipal public health and wellbeing plan annually and amend as appropriate	MAI and EHO	in consultation with CEO and Council. Note: Unless section 27 applies
s.26(6)	duty to give a copy of the current municipal public health and wellbeing plan to the Secretary	CEO	unless section 27 applies
s.26(7)	duty to make copy of current municipal public health and wellbeing plan available for public inspection	CEO	unless section 27 applies
s.27(3)	power to apply to the Secretary for an exemption from complying with section 26	CEO	In consultation with Council
s.27(6)	duty to give a copy of the current Council Plan or Strategic Plan to the Secretary	CEO	if council has been granted an exception from complying with section 26 and if change relates to matters in section 26(2)
s.28(a)	duty, in a state of emergency, to comply with an order of the Secretary	CEO
s29(1)	duty to appoint environmental health officer	CEO	· council must appoint at least one environmental health officer · council can only appoint person with the qualifications and experience specified in subsection (2)
s.31(4)	power to give directions to authorised officers	CEO and MAI
s.57(2)	power to disclose certain information to the Secretary, Chief Health Officer or another council	CEO
s.57(4)	power to disclose certain information to a Government Department, statutory body or other person responsible for administering another Act or regulations	CEO
s.60	duty to remedy all nuisances in municipal district	MAI and EHO
s.62(2)	duty to investigate any notice of a nuisance	MAI and EHO
s.62(3)	duty to take action in section 62(3)(a) or (b) where nuisance is found to exist after investigation	MAI and EHO
s.62(3)(a)	function of taking action specified in subsection (4) where appropriate	MAI and EHO
s.62(3)(b)	function of determining whether matter is better settled privately and, if so, advising of methods for settling matter privately	MAI	in consultation with CEO
s.62(4)(a)	power to exercise the powers in section 66 where that section applies, for the purposes of section 62(3)(a)	MAI	in consultation with CEO
s.62(4)(b)	power to issue an improvement notice or a prohibition notice for the purposes of section 62(3)(a)	MAI and EHO	in consultation with CEO
s.62(4)(c)	power to bring proceedings under section 219(2) for an offence against this Act for the purposes of section 62(3)(a)	CEO
s.64	power to institute proceedings for an offence under section 61	CEO
s.65	power to investigate nuisance occurring outside municipal district	CEO
s.66(2)(a)	power to enter and take steps to abate nuisance and do all things necessary for abatement	MAI and EHO	· where nuisance comes from land for which the occupier and owner are unknown or cannot be found · unless another council is abating the nuisance under subsection (2)
s.66(2)(b)	power to do all things necessary for abatement of nuisance	MAI and EHO	· where nuisance comes from land for which the occupier and owner are unknown or cannot be found · unless another council is abating the nuisance under subsection (2)
s.66(4)	power to recover costs incurred under subsection (2)	MAI
s.71	function to receive applications for the issue, renewal or transfer of a registration	EHO
s.73(1)(a)	power to give the applicant notice requiring specified information before considering the application under section 71	EHO
s.73(1)(b)	power to inspect prescribed accommodation or premises before considering the application under section 71	EHO
s.73(1)(c)	power to require alterations or improvements to prescribed accommodation or premises before considering the application under section 71	EHO
s.73(2)	power to issue, transfer or renew a registration subject to subsection (1)(c)	EHO
s.73A	duty and power to enter information in the Rooming House Register	EHO	note: this provision is not yet in operation and will commence 1/7/2014 if not proclaimed earlier
s.74	power to decide issue, transfer or renew registration	EHO	in consultation with MAI
s.76(1)(a)	power to refuse to issue a registration	EHO	in consultation with MAI and CEO. decision of delegate only valid where Council later ratifies the refusal
s.76(1)(b)	power to issue a registration subject to a condition imposed on the registration by the Council under section 73(2)	EHO	in consultation with MAI and CEO. subject to section 74
s.76(1)(c)	power to vary a registration	EHO
s.76(1)(d)	power to cancel a registration	EHO	in consultation with MAI
s.76(1)(e)	power to suspend a registration	EHO	in consultation with MAI
s.76(1)(f)	power to refuse to transfer a registration	EHO	in consultation with MAI. decision of delegate only valid where Council later ratifies the refusal
s.76(1)(g)	power to transfer a registration subject to a condition imposed on the registration by the Council under section 73(2)	EHO	subject to section 74
s.76(1)(h)	power to refuse to renew a registration	EHO	In consultation with MAI and CEO. decision of delegate only valid where Council later ratifies the refusal
s.76(1)(i)	power to renew a registration subject to a condition imposed on the registration by the Council under section 73(2)	EHO	subject to section 74
s76(3)	duty to notify applicant or registration holder of decision under section 76 and ground(s) on which it was based	EHO
s.78	power to issue a replacement certificate of registration	EHO
ss.147 & 148	power to authorise person to issue an immunisation status certificate	EHO
s.181(1)	power to take any step in paragraphs (a)-(d) with respect to items seized by an authorised officer appointed by Council	EHO
s.181(2)	duty to notify owner of item forfeited under subsection (1)(c), setting out how to seek review of the decision	EHO
s.182	power to destroy or otherwise dispose of forfeited item	EHO
s.185(1)	function of receiving complaints about authorised officers appointed by the council	CEO	complaint must be in writing or other form approved by council
s.185(2)	power to approve form in which complaint is made	CEO
s185(4)(a)	duty to investigate any written complaint provided under section 185(2)	CEO
s185(4)(b)	duty to provide written report to the complainant on the results of the investigation under section 185(4)(a)	CEO
s.194(2)(a)	power to issue an improvement notice	EHO	in consultation with MAI and CEO. in accordance with subsection (3)
s194(2)(b)	power to issue a prohibition notice	EHO	in consultation with MAI and CEO. in accordance with subsection (3)
s.196(1)	power to apply to Magistrates' Court for an injunction (compelling a person to comply or restraining a person from contravening an improvement notice or prohibition notice)	CEO
s.197(2)	power to cause a complaint to be made to the Magistrates' Court (where prohibition notice or improvement notice issued and person does not comply or nuisance likely to recur)	CEO
s.197(5)(a)	power, where order issued under subsection (4), to enter land and abate nuisance and do whatever is necessary to execute the order	CEO
s.197(5)(b)	power to recover costs and expenses incurred	CEO
s.197(6)	power to recover costs and expenses in court	CEO
s.205(2)	function of receiving applications for review of council decisions	CEO
s.205(3)	duty to review decision where application received under subsection (2)	CEO
s.205(5)	power to agree a period greater than 28 days for review of a decision with the applicant	CEO
s.205(6)(a)	power to make a decision affirming, varying or revoking a decision	CEO
s.205(6)(b)	power to make any other decision where original decision is revoked	CEO	where decision is to refuse an application, decision of delegate only valid where Council later ratifies the refusal
s.205(7)	duty to give applicant for review a written statement of the decision and reasons	CEO
s.205(8)	duty to inform applicant for review of right to apply to VCAT for a review under s207	CEO
s.209(2)	power to serve infringement notice	EHO	in consultation with MAI and CEO
s.219(2)(a)	power to bring proceedings for offence against Part 6, 9 or 10 (or any regulations under Part 6, 9 or 10)	CEO
s.219(2)(b)	power to bring proceedings for offence relating to an improvement notice or a prohibition notice	CEO
s.228(1)	power to seek reimbursement of costs incurred where person is found guilty of an offence	CEO
s.228(2)	power to seek payment for cost of work conducted by council where awarded legal costs	CEO	"work" is defined in subsection (3)
s.229(3)	power to take the actions necessary to ensure compliance with the direction, requirement, improvement notice or prohibition notice	CEO	where Council is so authorised by Chief Health Officer under subsection (2)
s.230(2)(b)	power to recover, in court, costs incurred under section 229	CEO

PUBLIC RECORDS ACT 1973
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.8A	duty to cause records to be transferred to custody of Public Records Office	CEO	no delegation, power of CEO only

ROAD MANAGEMENT ACT 2004
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.14(7)	power to appeal to the Minister regarding decision of VicRoads	CEO
s.48M	function of consulting with the Secretary in relation to the development of guidelines for bus stopping points and bus stop infrastructure	CEO
s.48N	duty to notify Secretary within 28 days of installation, removal or relocation of a bus shelter, seat or hardstand located at, or in the immediate vicinity of, a bus stopping point	CEO
Schedule 2 Clause 4	power to make submissions on VicRoads' proposal to act under section 42 and clause 3	CEO
Schedule 5A Clause 15(3)	duty to provide a certificate under clause 15(2)(d)(ii) of schedule 5A on the written request of VicRoads	CEO
Schedule 5A Clause 26	duty to surrender land to the Crown following an order of the Governor in Council	CEO	in consultation with Council
Schedule 5A Clause 27	duty to surrender Council's interest in any Crown land to the Crown following an order of the Governor in Council	CEO	in consultation with Council
Schedule 5A Clause 51	power to claim from VicRoads an amount for loss or expense incurred as a result of an order under Division 2 Part 5 of the Act	CEO	Council must have sustained pecuniary loss or incurred an expense

ROAD SAFETY ACT 1986
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.59(1)(a) and (d)	power to authorise officer or other person to request or signal driver or person in charge of motor vehicle to do certain things, such as stop the motor vehicle	CEO	no delegation, power of CEO only
s.77(2)(b)	power to prosecute and authorise staff member to prosecute	CEO	no delegation, power of CEO only
s.84BE(1)	function of receiving a statement under this section	SCO, LLO, AO, MAI and MEMPC	in consultation with CEO applies where Council is the enforcement official
s.84BE(4), (5) and (5A)	power to decide to accept statements as effective statements for the purposes of this Part	SCO, LLO, AO, MAI and MEMPC	in consultation with CEO. applies where Council is the enforcement official
s.84BE(6)	duty to cause notice to be served on the statement-giver stating whether the enforcement official accepted the statement as an effective statement	SCO, LLO, AO, MAI and MEMPC	in consultation with CEO. applies where Council is the enforcement official
s.84BF	power to cancel acceptance of a statement	SCO, LLO, AO, MAI and MEMPC	in consultation with CEO. applies where Council is the enforcement official
s.87(1)	power to serve, or cause to be served, a parking infringement notice	SCO, LLO, MAI and MEMPC
s.87(1D)	duty to issue an identity card to authorised person council appoints	CEO	no delegation, power of CEO only
s.87(1E)	power to authorise a member of staff to sign identity card	CEO	no delegation, power of CEO only
s.87(8)	power to authorise person for purpose of serving parking infringement notices in accordance with section 87(1C)	CEO
s.90D(1)	power to enter into an agreement with the owner or occupier of land for the provision of parking services	MAI	in consultation with Council and CEO ratification by Council may be required
s.98(1)	power to request Minister to extend application of Act	CEO	no delegation, power of CEO only
s.99A(4)	power to establish requirements for traffic Management plan	MAI	in consultation with the CEO where Council is the coordinating road authority under the Road Management Act 2004
s.99B(1)	power to issue permit to conduct non-road activity (including on conditions specified in s.99B(3))	MAI	in consultation with the CEO where Council is the coordinating road authority under the Road Management Act 2004
s.99B(2)	power to authorise closure of highway to traffic	MAI	in consultation with the CEO where Council is the coordinating road authority under the Road Management Act 2004

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 3 Section 7 - Delegation from CEO to Staff

SUBDIVISION ACT 1988
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.3(5)	power to require variation of easement or restriction in compliance with planning scheme or permit	SPO & PlO
s.5(3)(c)	function of receiving application for certification	SPO & PlO
s.5(3)(d)	power to provide statement of compliance	SPO & PlO	advice to CEO
s.5(4)	power to accept and consider plans	SPO & PlO	advice to CEO
s.5(4A)	power to consider and certify plans before Transfer of Land Act application determined	SPO & PlO
s.6(1)	duty to certify plan within prescribed time in specified circumstances	SPO & PlO	advice to CEO
s.6(2)	duty to refuse to certify plan where conditions in s.6(1) not met and give reasons in writing	SPO & PlO	advice to CEO
s.8(1)	duty to refer plans to referral authority in certain circumstances	SPO & PlO	advice to CEO · unless subsections 8(2) - (5) apply · form of referral per r. 13 and 14 of the Subdivision (Procedures) Regulations 2011
s.8(6)	duty to give referral authority copy of certified plan where not referred to referral authority	SPO & PlO
s.10(1)	Power to require applicant to alter plan	SPO & PlO	advice to CEO
s.10(2)	power to agree to an alteration at request of applicant	SPO & PlO
s.10(5)	duty to send altered plan to referral authority	SPO & PlO	must send notice in prescribed Form 4 outlining revised times, r.29 of the Subdivision (Procedures) Regulations 2000
s.10(7)	duty to notify surveyor of alteration required by Council	SPO & PlO
s.11(1)	function of receiving application to amend certified plan	SPO & PlO
s.11(2)	duty to refer application under section 11(1) to referral authority	SPO & PlO
s.11(2A)	power to amend without referral if minor amendment	SPO & PlO	advice to CEO
s.11(7)	duty to re-certify plan or advise of refusal in writing with reasons	SPO & PlO	advice to CEO
s.11(10)	duty to notify surveyor of an amendment by acquiring authority where plan prepared by surveyor	SPO & PlO
s.11(11)	duty to give copy of re-certified plans to referral authority	SPO & PlO
s.11A(1)	power to require more information	SPO & PlO
s.15(1)	power to require engineering plan	SPO & PlO	does not apply where section 14 applies
s.15(2)	duty to approve/refuse approval/require alterations of engineering plan	SPO & PlO	does not apply where section 14 applies
s.15(6)	power to charge for engineering plans prepared by it	SPO & PlO	does not apply where section 14 applies
s.17(2)(a)	power to appoint supervisor of works	SPO, PlO and CEO	advice to CEO does not apply where section 14 applies
s.17(2)(b)	power to charge for supervision	SPO & PlO	does not apply where section 14 applies
s.17(2)(c)	power to enter into agreement with owner or applicant in anticipation of applicant becoming owner	CEO	no delegation, power of CEO only does not apply where section 14 applies
s.17(2A)	power to request Minister to nominate authority to consider what works are required	CEO	no delegation, power of CEO only does not apply where section 14 applies
s.17(2D)	power to transfer works/interest in land relating to the works by agreement from Council to a relevant authority	SPO	does not apply where section 14 applies
s.18(1)	power to require applicant to set aside land for public open space and/or pay a percentage	SPO & PlO	advice to CEO · does not apply where sections 14 and 18(8) apply. · must have regard to matters in section 18(1A)-2
s.18(1B)	power to vary time of payment by agreement with applicant	SPO & PlO	advice to CEO
s.18(4)	power to agree with applicant to set aside/pay different percentage	CEO	no delegation, power of CEO only. does not apply where section 14 applies
s.18(7)	power to refund amount paid under s.18(1) where no longer intend to subdivide	SPO & PlO	does not apply where section 14 applies
s.19(1)	power to obtain valuation where value is not agreed	SPO & PlO	does not apply where section 14 applies
s.19(3)	duty to give applicant copy of valuation	SPO & PlO	does not apply where section 14 applies
s.19(5)	power to obtain revaluation where public open space contribution not paid	SPO & PlO	does not apply where section 14 applies
s.21(1)	duty to issue statement of compliance, subject to s. 2C	SPO & PlO	· does not apply where section 14 applies · time limits apply (s.21(1)-(2))
s.21(2A)(a)&(b)	duty to, in writing, notify Urban Renewal Authority Victoria of request within 7 days of receiving a request for issue of statement of compliance, and to provide Authority with a copy of planning permit	SPO & PlO
s.21(4)	power to provide in the statement of compliance that agreement pursuant to Planning and Environment Act no longer applies in certain circumstances	SPO & PlO	does not apply where section 14 applies
s.21(9)	duty to give a notice to the Commissioner of State Revenue that a statement of compliance has been issued	SPO & PlO
s.24A(1)	duty to do any of the things listed in the table in this section where so required by planning scheme with respect to reserves, etc	SPO & PlO	advice to CEO
s.24A(2)	power to certify a plan prepared under s.24A(1) where applicant certifies land no longer reserved	SPO & PlO
s.25(1)	function of being notified by Registrar of registration of plan and duty to notify any public authority for which easement has been created/reserve has vested.	SPO & PlO
s.25(2)	function of being notified by Registrar if plan is withdrawn or refused registration	SPO & PlO
s.25(3)	duty to notify referral authority affected by withdrawal/refusal	SPO & PlO
s.34E	power to apply to VCAT for order compelling an owners corporation to carry out a requirement or perform a duty	CEO	no delegation, power of CEO only ratification by Council may be required
s.34H(5)	function of receiving notice from Registrar of amendment or cancellation of plan on winding up	SPO & PlO	advice to CEO
s.35(1)	duty of acquiring authority to submit plan for certification and registration where land subdivided	SPO & PlO	advice to CEO
s.35(2)	power to require acquiring authority to submit certification new/amended plan	SPO & PlO	subsections 35(3)-(5) apply
s.35(6)	duty of a acquiring authority to advise Registrar of vesting date	SPO & PlO
s.35(8)	power of acquiring authority to submit for certification and registration of any land vested/registered in its own name	SPO & PlO	section 35(9) applies
s.36(1)	function of stating in writing that it considers that subdivision requires removal/acquisition of easement	SPO	section 35(1AA) applies
s.39(1)	power to refer disputes to VCAT	CEO	unless section 39(2) applies no delegation, power of CEO only
s.39(3)	power to apply to the County Court to order registration of plan be stopped in certain circumstances	CEO	no delegation, power of CEO only
s.44(3E)	duty to refer plan to referral authorities as if received under section 8 where permit for subdivision in force, or notification of referral authority not required by planning scheme	SPO
s.44(4A)	function of consenting to application to amend plan to no longer show land as an accessory lot	SPO	consent must be in writing
s.44(5)	function of consenting to application to amend plan to remove restriction	SPO	consent must be in writing
s.44(5A)	function of consenting to application by body corporate to cancel/alter scheme of development	SPO	consent must be in writing
s.44(5B)	function of consenting to application to cancel/alter scheme of development	SPO	consent must be in writing
Schedule 2 clause 11(1)	power to apply to a court for an order regarding scheme of development	CEO	in consultation with Council

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 3 Section 7 - Delegation from CEO to Staff

TRANSPORT INTEGRATION ACT 2010
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.25(1)	duty to have regard to the transport system objectives when exercising powers and performing functions under interface legislation^{^[1]} which are likely to have a significant impact on the transport system	CEO
s.25(2)	*duty to have regard to the decision making principles in making decisions under interface legislation which are likely to have a significant impact on the transport system.**	CEO
s.25(3)	duty to have regard to applicable specified policy principles	CEO
s.25(4)	duty to have regard to applicable specified policy principles	CEO
s.26	power to determine the weight to give to each transport system objective under sections 24 and 25	CEO
s.27	power to determine the weight to give to each decision making principle under sections 24 and 25	CEO
s.115F(3)	function of collaborating with the Taxi Services Commissioner	CEO	this provision has not commenced yet and will commence on 1/7/2013 unless proclaimed earlier
s.197B(2)	function of receiving notice from regulated bodies	CEO	where council is the responsible authority and section 197 applies
s.197B(3)	duty to meet with representatives from Director of Transport Safety	CEO	where council is the responsible authority and s 197 applies
s.197D	duty to comply with guidelines issued under Act and directions of Secretary or Minister	CEO

URBAN RENEWAL AUTHORITY VICTORIA ACT 2003
Column 1	Column 2		Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.51I(3)(b)	function of receiving notice of resolution levying a general charge from Urban Renewal Authority Victoria	CEO
s.51Q(3)(b)	function of receiving notice of resolution levying an infrastructure recovery charge from Urban Renewal Authority Victoria	CEO
s.51ZA	*function of receiving written notice of charge from Urban Renewal Authority Victoria, where council has submitted notice to Authority pursuant to section 21(2A) of the Subdivision Act* 1988**	CEO

VALUATION OF LAND ACT 1960
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.6(1)	duty to give notice of decision to cause a valuation to be made	MF	where council is the valuation authority
s.6(2)	power to require the general valuation prepared by valuation authority to show items in paragraphs (a) – (c)	MF	where council is a rating authority
s.6(4)	duty to ensure the valuer-general’s request is given effect to	MF
s.7AB(2)	power to adjust the rate payable retrospectively if amended under subsection (1)	MF
s.7A(1)	power to pay valuer subject to the requirements of this section	MF
s.7A(2)	power to make a payment, irrespective of subsection (1), if council satisfies paragraphs (a) and (b)	MF
s.7AE(2)	duty to comply with an Order of the Governor in Council requiring the making of a new valuation	MF
s.7B(1)	duty to provide valuation to valuer-general within 2 months of date on which the valuation was returned to council	MF
s.8AA(1A)	duty to pay the valuer-general in accordance with section	MF
s.8AA(1B)	duty to pay the valuer-general in accordance with section where council has requested a supplementary valuation	MF
s.8AA(2)(a)	power to agree the fees for the use and servicing of a valuation	MF	in consultation with CEO
s.10(1)	power to nominate valuer-general to be the valuation authority	MF
s.10(5)	power to revoke nomination under subsection (1) if paragraphs (a)-(c) apply	MF
s.11	duty to make a general valuation	MF	where council is the valuation authority
s.12	function of causing a valuation of rateable land at the direction of the Minister	MF	where council is the valuation authority
s.13DA(1)	power to appoint people to make valuations	CEO	no delegation, power of CEO only must hold qualifications specified by Minister
s.13DC(1)	power to require valuation on basis of site value	MF	where council is rating authority
s.13DC(2)	power to use in force valuations in certain circumstances	MF
s.13DD(1)	power to determine that no general appreciable change has taken place	MF
s.13DE(1)	power to apply to Minister in respect to extension of period under section 13DD	MF
s.13DF(3A)	power to use supplementary valuation before it is certified to levy or adjust municipal rate	MF
s.13DF(5)	power to adjust rate payable retrospectively where supplementary valuation made in circumstance referred to in s.13DF(2)(o)	MF
s.13DFA(2)	function of receiving written certification of supplementary valuation from valuer-general	MF
s.13DFB(1) and (2)	power to request valuer-general to carry out a supplementary valuation in writing	MF
s.13DG(3)	duty to make a valuation of all rateable land where council has had annexed to its municipal district any area which is not part of a former municipal district	MF	where council is the valuation authority
s.13G(1)	power to nominate the valuer-general to be the valuation authority in respect of non-rateable leviable land	MF	where council is the collection agency in consultation with the CEO
s.13G(5)	power to revoke nomination made under s.13G(1)	MF	in consultation with the CEO
s.13H	duty to cause a general valuation of non-rateable leviable land to be made and returned to it, in accordance with s.13H	MF	where council is the valuation authority in consultation with the CEO
s.13I	duty to comply with a Ministerial Direction given under s.13I	MF	where council is the valuation authority in consultation with the CEO
s.13J	power to appoint people to carry out valuation	MF	must hold qualifications or experience specified by minister *applies when council is making a valuation for the purposes of the Fire Services Property Levy Act* 2012 in consultation with the CEO**
s.13L(4)	power to use a supplementary valuation before it is certified by the valuer-general	MF	where council is the collection agency in consultation with the CEO
s.13L(6)	power to adjust the fire services property levy payable retrospectively for any period considered just	MF	where council is the collection agency in consultation with the CEO
s.13N	power to request the Valuer-General to make a supplementary valuation	MF	where council is the collection agency in consultation with the CEO
s.13P	duty to provide applicant with a copy of the most recent application of any non-rateable leviable land	MF	where council is the collection agency in consultation with the CEO
s.15(2)	duty to give notice of general or supplementary valuation and notice that some other authority may use figures for the purpose of levying a rate or tax	MF	where council is the rating authority
s.15(3)	duty to give notices in paragraphs (a) and (b) if information is received from a valuation authority under section 15(1)(b)	MF	where council is the rating authority that makes general or supplementary valuation
s.20	function of receiving objection and written submission where objection is because the value is too low or too high, and the value is not less than the prescribed amount	MF
s.21(2)	duty to refer an objection received to the valuation authority	MF	where council is not the valuation authority which made the valuation
s.21(2A)	duty to refer objection to valuer	MF	where council is the valuation authority
s.21(5)	function of receiving written notice from the valuer-general of recommendation	MF	where council is the valuation authority or rating authority
s.21(6)	duty to give effect to the decision of the valuer-general	MF	where council is the rating authority
s.22(5)	function of receiving copy of application to VCAT for review of valuation decision	CEO	where council is the valuation authority
s.22(6)	duty to forward to principal registrar of VCAT notice of objection and copies of any notices given under s.21 and any information given or submissions lodged under section 20, in relation to objection, within 1 month after being served with copy of objector's application for review under section 22(5)	CEO	where council is the valuation authority

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 3 Section 7 - Delegation from CEO to Staff

VICTORIA GRANTS COMMISSION ACT 1976
Column 1	Column 2		Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.10	duty to supply prescribed information to the commission by certain time	MF and MAI	in consultation with CEO
s.12(4)	function of receiving determination of allocation of funds by the commission	CEO	no delegation, power of CEO only
s.15	function of representing Council at commission hearing	CEO	no delegation, power of CEO only

VICTORIA STATE EMERGENCY SERVICE ACT 2005
Column 1	Column 2		Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.34(1)	power to apply for registration of a group of persons as a unit of the Service	CEO	no delegation, power of CEO only
s.35(2)	power to consult with Director of Operations regarding removal of controller of a registered unit from office	CEO	no delegation, power of CEO only

VICTORIAN INSPECTORATE ACT 2011
Column 1	Column 2		Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.24(2)	power to enter into agreements or arrangements for use of services with the Victorian Inspectorate	CEO

WATER ACT 1989
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.12(1)(a)	duty to make any authorisation or permission that may affect the drainage system subject to any conditions required to ensure the conservation of waterways, wetlands and aquifers	CEO
s.12(1)(b)	power to withhold authorisation or permission until such works are carried out that are required to avoid or lessen any possible adverse effect	CEO
s.27(4)(a)(ii)	function of receiving notice of a proposed declaration by the Minister that an area will be a water supply protection area	CEO
s.27(5)(f)	function of receiving notice of a proposed declaration by the Minister that an area will be a water supply protection area	CEO
s.32H	duty to keep copy of approved management plan available for inspection	CEO	no delegation, power of CEO only
s.36(3)(c)	function of receiving a copy of an application for the grant of a bulk entitlement if Minister considers the council is directly affected	CEO
s.67A	function of receiving a copy of an application under section 67 in respect of a dam	CEO
s.67B	duty to advise the Minister of response to application	CEO	no delegation, power of CEO only
s.122P(1)(a)(i)	function of receiving notice of Authority's proposal to the Minister under s.122M, where council is affected by the proposal	CEO	no delegation, power of CEO only
s.122ZA(2)	function of consenting to Minister's determination under section 122ZA(1)(b)	CEO	no delegation, power of CEO only
s.122ZC	power to contribute money to environmental or recreational area for improving or maintaining the area	CEO	no delegation, power of CEO only
s.144(2)(c)	function of receiving a declaration by an Authority that land will be a serviced property for the purposes of the Act, if likely to be affected	CEO
s.152	function of receiving notice of intention to affect works	CEO
s.153	function of receiving notice to alter or remove works	CEO
s.165(1)	power to require an Authority to fix fire plugs to works	CEO
s.165(2)	duty to meet costs of providing, installing, marking and maintaining all fire plugs that the council requires	CEO
s.171D(2)	duty to meet costs of providing, installing, marking and maintaining fire plug, where plug is in Council's municipal district	MAI	in consultation with Council and CEO
s.179	power to submit a proposal to Minister for declaration of a sewerage district	CEO	no delegation, power of CEO only ratification by Council may be required
s.180(1)	duty to forward copy application for septic tank permit to Authority	EHO and MAI
s.180(3)	function of receiving any notification of the location of the nearest sewer, the availability of works to service the land and any requirements	EHO and MAI
s.180(4)	duty to comply with any requirement of the Authority in regard to the application	EHO and MAI
s.180(5)	duty to not make a decision within 21 days after the copy is forwarded to the Authority	EHO and MAI
s.188(3)	function of receiving notice of proposed declaration of a waterway if the council may have an interest in the waterway	CEO
s.194(1)	duty not to cause or permit works to be undertaken which interfere with designated land or works or the quality, quantity or flow of water in designated land or works within an Authority's waterway management district	CEO
s.205(3)	function of receiving notice of proposed declaration that an area of land will be liable to flooding or be a floodway area	CEO
s.206(1)(b)	function of receiving notice that an Order has been published in the Government Gazette	CEO
s.206(3)	duty to prevent land uses that are inconsistent with any identified flood hazards	CEO
s.208(2)	duty to notify Authority of intention to undertake works or erect structures referred to in section 208(1)(a) or in a place referred to in section 208(1)(b)	MAI	advice to CEO
s.214(2)(b)	duty to be represented on a committee to carry out investigations in relation to water management if the council is affected	CEO	in consultation with Council
s.217	power to apply for an order for removal or modification of works	MAI and EHO	advice to CEO
s.218(2)(b)(ii)	function of receiving notice of proposed declaration that an area of land will be a drainage course	CEO
s.218(7)	duty to act in accordance with a management plan approved by the Minister, if the council has management and control of a drainage course	CEO
s.218(8)	power to require an owner, occupier or other public statutory body to remove any interferences, carry out any works and maintain any structures, if the council has the management and control of a drainage course	CEO	subject to the limitations set out in section 218
s.218(10)	duty to comply with any request by another public statutory body within 1 month	CEO
s.218(14)	power to enter into and remain on the drainage course for the purpose of doing anything that an owner or occupier failed to do	CEO
s.244(7)	function of receiving a copy of a community agreement, if land in the area is affected	CEO
s.245(8)(b)	power to consent to community agreement where it involves the construction of a drain across a road reserve	CEO	in consultation with Council
.s246	power to exercise the powers and perform the functions of the committee if requested by the committee, where land is affected by a community drainage or salinity mitigation or community water supply scheme	CEO	in consultation with Council
s.263(2)	function of receiving a request to arrange for a supplementary valuation to be made	CEO and MF
s.286(1)(a)	duty to contribute to the revenue of the Authority if requested	CEO and MF	conditions set out in section 285 and section 286 in consultation with Council
s.287(1)(a)	duty to make a special contribution to the revenue of the Authority if requested	CEO and MF	conditions set out in section 285 and section 287 in consultation with Council

WHISTLEBLOWERS PROTECTION ACT 2001
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.6(1)(b)	duty to accept disclosures about an officer or employee	MWCS
s.28(1)	duty to consider and reach a conclusion as to whether the disclosure is a 'public interest disclosure'	MWCS	except where the disclosure relates to the MWCS
s.29(1)	duty to notify of decision and to refer the disclosure to the Ombudsman for a determination	MWCS	except where the disclosure relates to the MWCS
s.30	duty to notify of decision and to inform of right to request referral to the Ombudsman for a determination	MWCS	except where the disclosure relates to the MWCS
s.31	duty to refer disclosure to Ombudsman, where requested, in accordance with section 30	MWCS	except where the disclosure relates to the MWCS
s.59	power to comment on matter being investigated by Ombudsman involving a disclosure about an officer or employee	MWCS	except where the disclosure relates to the MWCS
s.68	duty to establish procedures on the making of disclosures, investigation of disclosed matters and protection of persons from reprisals	MWCS
s.70	duty to make copies of the procedures available	MWCS
s.72	duty to investigate disclosed Matters referred by the Ombudsman	MWCS	except where the disclosure relates to the MWCS
s.73	duty to refer investigation to Ombudsman if consider own investigation is being obstructed	MWCS	except where the disclosure relates to the MWCS
s.76	duty to provide any information, and any findings made, if investigation commenced or taken over by Ombudsman	MWCS	except where the disclosure relates to the MWCS
s.78	duty to provide notice of referral of investigation to Ombudsman	MWCS	except where the disclosure relates to the MWCS
s.80	duty to provide information about the progress of the investigation	MWCS	except where the disclosure relates to the MWCS
s.81	duty to report findings of investigation etc. where disclosure justified	MWCS	except where the disclosure relates to the MWCS
s.82	duty to report on findings of investigation on completion of investigation	MWCS	except where the disclosure relates to the MWCS
s.83	duty to notify of findings of investigation to person who Made the disclosure	MWCS	except where the disclosure relates to the MWCS
s.105	duty to include required information in annual report	MWCS

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 3 Section 7 - Delegation from CEO to Staff

BUILDING REGULATIONS 2006
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r.310(1)	function, in capacity as service authority, to give report and consent to an application for a building permit to construct a building over an easement vested in council	SPO	advice to CEO
r.324	duty to keep documents for period specified	MBS and SPO
r.325	duty to make documents available on request of owner or mortgagee or person authorised in writing by owner or mortgagee	MBS and SPO
r.326(1)	function of receiving requests for certain details	MBS and SPO
r.326(2)	function of receiving request for details as to whether building or land is in a particular area	MBS and SPO
r.326(3)	function of receiving request for inspection approval dates of the mandatory notification stages from owner or mortgagee or prescribed building practitioner	MBS and SPO
r.408(3)	function of giving report and consent – 'maximum street setbacks'	MBS and SPO
r.409(4)	function of giving report and consent – 'minimum street setbacks'	MBS and SPO
r.410(4)	function of giving report and consent – 'building height'	MBS and SPO
r.411(4)	function of giving report and consent – 'site coverage'	MBS and SPO
r.412(2)	function of giving report and consent – 'permeability'	MBS and SPO
r.413(6)	function of giving report and consent – 'car parking'	MBS and SPO
r.414(6)	function of giving report and consent – 'side and rear setbacks'	MBS and SPO
r.415(5)	function of giving report and consent – 'walls on boundaries'	MBS and SPO
r.416(6)	function of giving report and consent – 'daylight to existing habitable room windows'	MBS and SPO
r.417(6)	function of giving report and consent – 'solar access to existing north-facing windows'	MBS and SPO
r.418(3)	function of giving report and consent – 'overshadowing of recreational private open space'	MBS and SPO
r.419(9)	function of giving report and consent – 'overlooking'	MBS and SPO
r.420(3)	function of giving report and consent – 'daylight to habitable room windows'	MBS and SPO
r.421(4)	function of giving report and consent – 'private open space'	MBS and SPO
r.422(2)	function of giving report and consent – 'siting of Class 10a buildings'	MBS and SPO
r.424(3)	function of giving report and consent – 'front fence height'	MBS and SPO
r.425(3)	function of giving report and consent – 'fence setbacks from side and rear boundaries'	MBS and SPO
r.426(5)	function of giving report and consent – 'fences on or within 150mm of side or rear boundaries'	MBS and SPO
r.427(1)	function of giving report and consent – 'fences on street alignments'	MBS and SPO
r.428(6)	function of giving report and consent – 'fences and daylight to windows in existing dwelling'	MBS and SPO
r.429(5)	function of giving report and consent – 'fences and solar access to existing north-facing habitable room windows'	MBS and SPO
r.430(3)	function of giving report and consent – 'fences and overshadowing of recreational private open space'	MBS and SPO
r.431	function of giving report and consent – 'masts, poles etc.'	MBS and SPO
r.513(1) and (2)	function of giving report and consent – 'projections beyond street alignment'	MBS and SPO
r.513(3)	power to give consent under regulation 513(1) or (2) if it is considered that this will not be detrimental to public safety	MBS and SPO
r.515(2)	function of giving report and consent – 'buildings above or below certain public facilities'	MBS and SPO
r.604(4)	function of giving report and consent – 'protection of the public – precautions over a street'	MBS and SPO
r.610(2)	function of giving report – 'storm water drainage'	MBS and SPO
r.801(1)	function of giving report and consent – 'septic tank systems'	MBS and SPO
r.802(2)(d)	function of designating land as likely to be flooded	MBS and SPO
r.802(3)	function of giving report and consent – 'flood areas'	MBS and SPO
r.802(4)(b)	function of determining flood level	MBS and SPO
r.802(5)	duty to not give consent under regulation 802(3) if there is likely to be a danger due to flooding	MBS and SPO
r.802(6)	power, in report under regulation 802(3), to specify level for lowest floor of a building	MBS and SPO
r.802(7)(a)	duty to consult with the relevant floodplain Management authority	MBS and SPO
r.802(7)(b)	duty to specify minimum floor level at least 300mm above flood levels	MBS and SPO
r.802(8)	duty to, without delay, advise the floodplain Management authority and the sewerage authority of the floor level (if any) specified under regulation 802(6)	MBS and SPO
r.803(1)	power to designate areas in which buildings are likely to be subject to attack by termites	MBS and SPO
r.805	power to determine the areas are likely to be subject to significant snowfalls	MBS and SPO
r.806(1)	function of giving report and consent – 'designated land or works'	MBS and SPO
r.806(3)	duty to consult with the waterway management authority for the designated land or works, before giving consent	MBS and SPO
r.807(1)	duty to prepare maps for all designated special areas within municipal district	MBS and SPO
r.807(2)	duty to amend map or prepare a map for new designated special area	MBS and SPO
r.807(3)	duty to advise the Commission within 7 days if a designated special area is altered or if a new designated special area is created	MBS and SPO
r.807(4)	duty to lodge with the Building Commission within 7 days copies of designated special areas maps amended or prepared under regulation 807 (1) or (2).	MBS and SPO
r.807(5)	duty to make an up to date copy of each designated special area map prepared under regulation 807 available to the public	MBS and SPO
r.810(6)	function of receiving a map of designated bushfire prone areas from the Minister	MBS and SPO
r.810(7)	duty to make a copy of the map given to it under regulation 810(6) available for inspection	MBS and SPO
r.1003(2)	function of giving report and consent – occupancy permit re septic tank system	MBS and SPO
r.1010(1)	duty to keep documents relating to occupancy permit for specified time, for purposes of section 75 of the Act	MBS and SPO
r.1010(2)	duty to keep documents relating to a temporary approval for a specified time, for purposes of section 75 of the Act	MBS and SPO
r.1012	function of receiving information from relevant building surveyor	MBS and SPO
r.1804(1)	power to exempt a Class 10 building that is to be constructed on farm land and used for farming purposes from all or any of the requirements of the Regulations	MBS and SPO

COUNTRY FIRE AUTHORITY REGULATIONS 2004
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r.102(3)	duty to notify the executive officer of the regional fire prevention committee of the name of the nominee nominated in accordance with regulation 102(2)	SCO, LLO and MEMPC

DANGEROUS GOODS (EXPLOSIVES) REGULATIONS 2011
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r.146(3)	function of receiving written notice of intention to discharge fireworks or firecrackers	SCO, LLO and MEMPC
r.146(6)	function of receiving written notice of intention to discharge fireworks or firecrackers in or near port waters	SCO, LLO and MEMPC	where Council administers the relevant area of water

DRUGS, POISONS AND CONTROLLED SUBSTANCES REGULATIONS 2006
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r.5(1)	power to have possession of "Schedule 4 poisons" that are necessary for immunisation programs coordinated by council in accordance with Health Act 1958	MAI and EHO

GEOTHERMAL ENERGY RESOURCES REGULATIONS 2006
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r.13(3)(b)(ii)	power to prepare emergency plan in conjunction with the operator of a geothermal energy operation	MAI

INFRINGEMENTS (GENERAL) REGULATIONS 2006
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r 25(1)	power to apply to infringements registrar to vary, discharge or suspend an attachment of earnings order	MF	in consultation with CEO
r 28(1)	power to apply to infringements registrar to vary, discharge or suspend an attachment of debts order	MF	in consultation with CEO

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Attachment 3 Section 7 - Delegation from CEO to Staff

MISCELLANEOUS AND ADMINISTRATIVE POWERS
Column 1	Column 2	Column 3	Column 4
THING DELEGATED		DELEGATE	CONDITIONS & LIMITATIONS
Section A – Human Resource Issues
power to approve the filling of vacancies or the creation, reclassification, or abolition of positions within budget		CEO	no delegation, power of CEO only
power to fix salaries for vacant positions		CEO	no delegation, power of CEO only
power to approve the appointment, engagement or promotion of full time, part time and casual staff		CEO	no delegation, power of CEO only
power to approve position descriptions		CEO	no delegation, power of CEO only
power to create or approve creation of new positions		CEO	no delegation, power of CEO only
power to conduct of disciplinary action under relevant awards and policies		CEO, MWCS, MAI, MR, MF, and MCoS	in consultation with CEO delegation applies only within each specific area of Management responsibility
power to terminate or suspend the employment of, or to suspend from duty, a member of Council staff		CEO	no delegation, power of CEO only
power to conduct interviews for staff annual review		CEO, MWCS, MF, MCoS, MR, MAI and staff in approved supervisory positions	in accord with relevant Human Resource Policy and Procedures
power to authorise sick, annual and family leave.		CEO, MWCS, MF, MCoS, MR, MAI and staff in approved supervisory positions	in accord with relevant Human Resource Policy and Procedures
power to approve long service leave and compassionate leave		CEO	no delegation, power of CEO only
power to authorise all forms of study and training leave and educational assistance.		CEO	no delegation, power of CEO only
power to approve leave without pay.		CEO	no delegation, power of CEO only
power to authorise time sheets, higher duties, time-in-lieu, overtime and travel expense claims.		CEO, MF, MCoS, MWCS, MR, MAI and staff in approved supervisory positions	in accord with relevant Human Resource Policy and Procedures
power to approve attendance at conferences and seminars.		CEO, MF, MWCS, MR, MCoS, and MAI	in consultation with the CEO
power to approve attendance at training programs.		CEO, MF, MWCS, MR, MCoS, and MAI	in consultation with the CEO
power to give approval for officers to travel		CEO, MF, MWCS, MR, MCoS, and MAI	in accord with relevant Human Resource Policy and Procedures
power to approve travel accommodation		CEO, MF, MWCS, MR, MCoS, and MAI	in accord with relevant Human Resource Policy and Procedures
power to sign Notice of Injury and Work Injury Form.		HRAO and HRO	advice to CEO
power to approve claims under WorkCover excess		HRAO and HRO	advice to CEO
power to approve expenses relating to an approved course of study.		CEO	no delegation, power of CEO only
power to approve staff engaging in other employment.		CEO	no delegation, power of CEO only
power to determine acceptance or denial of liability in the event of a WorkCover claim.		CEO	no delegation, power of CEO only
power to sign Letter of Acceptance of Resignation		CEO, MWCS, MF, MCoS, MR and MAI	in accord with relevant Human Resource Policy and Procedures
power to provide references on Council letterhead		CEO, MWCS, MF, MCoS, MR and MAI	in accord with relevant Human Resource Policy and Procedures
power to authorise access to staff member's personal file		CEO and HRO	in accord with relevant Human Resource Policy and Procedures
Section B – Finance Issues
power to sign and issue Council order forms for purchase of goods and services, and to enter into contracts for provision of goods and services to the Council		Staff with approved financial delegations	expenditure up to approved financial delegation
power to authorise payment of wages, salaries and related payments.		CEO, MWCS, MF, MCoS, MR and MAI	in accord with agreed staff complements and budget parameters
power to approve invoices and accounts for payment. Budget items – e.g. super		Staff with approved financial delegations	expenditure up to approved financial delegation
power to authorise enforcement of overdue debts		MF	advice to CEO
power to appoint collection agency		MF	advice to CEO
power to approve contract variations		CEO	no delegation power of CEO only. requires resolution of Council for approval of variations outside of approved project budget
power to sign cheques		CEO, MF and designated Finance Staff	signatories to be changed on a regular basis
power to authorise Petty Cash		CEO, MWCS, MF, MCoS, MR and MAI
power to approve calling of invitations for expressions of interest or tenders for works, services and equipment.		CEO	no delegation, power of CEO only
power to give approval to sign contracts of sale and vendor statements for land approved for sale.		CEO	no delegation, power of CEO only
power to sign contracts of sale for the approved acquisition of Real Estate (see 2A).		CEO	no delegation, power of CEO only
power to authorise the order, release, refund, or return of securities, bank guarantees and bonds, relating to property transactions only.		CEO	no delegation, power of CEO only
power to authorise progress payments.		CEO	no delegation, power of CEO only
power to authorise payment of contract variations.		CEO	no delegation, power of CEO only
power to determine fees and charges.		CEO, MWCS, MF, MCoS and MAI	subject to approval through Annual Budget process or Revised Budget process
power to approve the sale or disposal of assets other than land.		CEO	no delegation, power of CEO only
power to write off bad debts		MF	advice to Council. in consultation with CEO
Section C – Building Issues
power to determine fees required under clause 1(c)(i) of Schedule 2 and sections 18, 42 and 54 of the Building Act 1993 for building permit, application for an occupancy permit (building work) and application for an occupancy permit (places of public entertainment).		SPO and PlO	in consultation with CEO
power to determine fees payable, person responsible for payment of fees and method of payment and recovery of fees for any application, approval, permit, consent, referral, request, information, inspection, consultation, advice, report, the keeping of documents and records or other function, service or work performed or provided under the Building Act 1993, Building Regulations 2006 or for the purposes of any other building control or related function of the Council by the Council or its delegate or any member of staff of the Council.		SPO and PlO	in consultation with CEO
Section D – Miscellaneous Issues
*power to appoint agent, and to enter into agency agreement, for the purposes of section 186 of the Local Government Act* 1989**		CEO
power to obtain legal opinions and instruct external legal providers		CEO	no delegation, power of CEO only
power to approve legal costs		CEO	no delegation, power of CEO only
power to make "ex gratia" settlement of insurance claims.		CEO	no delegation, power of CEO only
power to manage processing of insurance claims.		CEO	no delegation, power of CEO only
power to execute funding and service agreements with other levels of government.		CEO	no delegation, power of CEO only
power to execute applications for government grants.		CEO	no delegation, power of CEO only
power to determine suitability and value of "in kind" local contributions toward $ for $ capital works.		MF	advice to CEO
power to assess and determine applications for HACC services.		MCoS	advice to CEO
power to grant approval for storage or sale of liquor on Council premises.		MAI and MWCS	advice to CEO
power to make seasonal and casual allocation of sporting grounds.		MAI
power to enter into agreements for voluntary or not-for-profit organisation to use Council facilities		MAI
power to make statements to the press		CEO	no delegation, power of CEO only
power to give authority to make statements to the press		CEO	no delegation, power of CEO only
power to authorise the issue of press releases		CEO, MWCS, MF, MCoS, MR and MAI	within policy guidelines adopted by Council
power to authorise access to Council files and documents		CEO	no delegation, power of CEO only where Council is a party to a proceeding at the Victorian Civil and Administrative Tribunal
power to sign correspondence		CEO, MWCS, MF, MCoS, MR, MAI and officers with specific provision in their position description
power to make a decision relating to the conduct of a proceeding before the Victorian Civil and Administrative Tribunal, including a decision to settle the proceeding		MAI and MWCS, SPO and PlO	where Council is a party to a proceeding at the Victorian Civil and Administrative Tribunal advice to CEO
power to make a decision relating to the conduct of a proceeding before Court, including a decision to settle the proceeding		CEO	no delegation, power of CEO only
power to approve litigation settlement amounts		CEO	Up to $150,000 no delegation, power of CEO only
duty to administer a trade practices compliance program		MF
power to authorise entertainment expenses		CEO	no delegation, power of CEO only
power to authorise publication on the internet		CEO and MWCS
power to authorise publication on the Intranet		CEO and MWCS
power to make or authorise the making of submissions to external bodies		CEO	no delegation, power of CEO only
power to approve arrangements having important public relations aspect (e.g. opening ceremony for new facilities)		CEO	no delegation, power of CEO only
power to authorise expenditure on advertising and media		CEO	No delegation, power of CEO only
power to give permission to publish any document or publication		CEO	No delegation power of CEO only
power to authorise allocation or changeover of garbage bins		MWCS
*Power to serve statements under the Land Acquisition and Compensation Act* 1986**		CEO and RMO
*Power to sign transfer-related documentation under the Duties Act* 2000**		CEO
*Power to authorise the release of deposit moneys under the Sale of Land Act* 1962**		CEO and RMO
Power to serve statutory notices in relation to land owned or managed by Council		CEO

[1] Interface legislation includes the Local Government Act 1989, Land Act 1958, Planning and Environment Act 1987 etc (see section 3 of the Transport and Integration Act 2010)

[2] A person authorised under section 232 of the Local Government Act 1989 is also authorised to bring proceedings under the Fire Services Property Levy Act 2012 (see section 22 Fire Services Property Levy Act 2012).

[3] A person authorised under section 232 of the Local Government Act 1989 is also authorised to bring proceedings under the Fire Services Property Levy Act 2012 (see section 22 Fire Services Property Levy Act 2012).

[4] A person authorised under section 232 of the Local Government Act 1989 is also authorised to bring proceedings under the Fire Services Property Levy Act 2012 (see section 22 Fire Services Property Levy Act 2012).

[5] A person authorised under sections 77(2)(b) and/or 77(4) of the Road Safety Act 1986 is also an authorised officer for the purposes of rules 203 and 307 of the Road Safety Road Rules 2009.

[6] Council may only appoint an authorised officer who is also appointed under section 72 of the Act.

[7] Council only to appoint a person suitably qualified or trained under section 31(2).

[8] This Act provides for the CEO of a council to nominate a person to be an inspector for the purposes of the Act and the Secretary may then appoint them to be an inspector (see section 36). An environmental health officer appointed under the Public Health and Wellbeing Act 2008 is also regarded as an inspector under this Act.

[9] Council must be satisfied that the person appointed is suitably qualified or trained to be an authorised officer.

[10] Environmental Health Officers appointed under section 29 of the Public Health and Wellbeing Act 2008 are regarded as an authorised officer for the purposes of the Food Act 1984.

[11] Council must be sure that the EHO is suitably trained or qualified under section 31(2) of the Public Health and Wellbeing Act 2008.

[12] A person authorised under section 232 of the Local Government Act 1989 is also authorised to bring proceedings under the Fire Services Property Levy Act 2012 (see section 22 Fire Services Property Levy Act 2012).

[13] A person authorised under section 232 of the Local Government Act 1989 is also authorised to bring proceedings under the Fire Services Property Levy Act 2012 (see section 22 Fire Services Property Levy Act 2012).

[14] A person authorised under section 232 of the Local Government Act 1989 is also authorised to bring proceedings under the Fire Services Property Levy Act 2012 (see section 22 Fire Services Property Levy Act 2012).

[15] A person authorised under sections 77(2)(b) and/or 77(4) of the Road Safety Act 1986 is also an authorised officer for the purposes of rules 203 and 307 of the Road Safety Road Rules 2009.

[16] Council may only appoint an authorised officer who is also appointed under section 72 of the Act.

ENVIRONMENT PROTECTION ACT 1970
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.53M(3)	power to require further information	ECO and MAI
s.53M(4)	duty to advise applicant that application is not to be dealt with	ECO and MAI
s.53M(5)	duty to approve plans, issue permit or refuse permit	CEO, ECO, EHO, SCO and LLO	refusal must be ratified by Council or it is of no effect
s.53M(6)	power to refuse to issue a septic tank permit	EHO and MAI	refusal must be ratified by Council or it is of no effect
s.53M(7)	duty to refuse to issue a permit in circumstances in (a)-(c)	EHO and MAI	refusal must be ratified by Council or it is of no effect

PLANNING AND ENVIRONMENT (FEES) INTERIM REGULATIONS 2012 * These regulations expire on 22 April 2013
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS AND LIMITATIONS
r.16	power to waive or rebate fee in prescribed circumstances	CEO, SPO and PlO	where Council is the responsible authority
r.17	power to waive or rebate fee for amendment to a planning scheme in prescribed circumstances	CEO, SPO and PlO	where Council is the planning authority
r.18	duty if fee waived or rebated to record in writing the matters taken into account and which formed the basis of the decision	CEO, SPO and PlO	where Council is the responsible authority or planning authority

COUNTRY FIRE AUTHORITY ACT 1958
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.36	function of providing fire hydrants when so requested by the Authority	MAI
s.41A	power to recover costs of serving notice by fire prevention officer	MFPO and MEMPC
s.42(1)	power to request officers and members of any CFA brigade to carry out work (including burning) for the removal or abatement of any fire danger or for the prevention of fire	MWCS, MAI, MEMPC and MFPO
s.42(2)	duty to pay for work undertaken	MFPO and MEMPC
s.43(1)	duty to take all practicable steps to prevent occurrence of fires and minimise the danger of spread of fires	MFPO and MEMPC
s.43(2)	power to acquire equipment, etc. for purposes of s.43(1) and pay for it out of municipal fund	MWCS, MFPO and MEMPC	with advice to CEO
s.50F(1)	power to prepare Neighbourhood Safer Places Plan	MFPO and MEMPC	with advice to Council
s.50F(4)	duty to publish and Make available Neighbourhood Safer Places Plan	MFPO and MEMPC
s.50G(1)	duty to identify and designate places as neighbourhood safer places	MFPO and MEMPC
s.50G(4)	duty to ask the CFA to assess the neighbourhood safer place	MFPO and MEMPC
s.50H(1)	duty to ensure that appropriate signage is provided at neighbourhood safer places	MFPO and MEMPC
s.50I	duty to Maintain all designated neighbourhood safer places	MFPO, MEMPC and MWCS
s.50J(1)	duty to conduct an annual review of designated neighbourhood safer places by 31 August of each year	MFPO and MEMPC
s.50J(2)	duty to ask the CFA to assess each neighbourhood safer place	MFPO and MEMPC
s.50J(5)	power to decommission a neighbourhood safer place if paragraphs (a) or (b) apply	MFPO and MEMPC	with advice to Council
s.55(c)	function of receiving recommendations of the municipal fire prevention committee	MFPO and MEMPC
s.55A(1)	duty to prepare and Maintain a municipal fire prevention plan in accordance with advice and recommendation of municipal fire prevention committee	MFPO and MEMPC
s.96A(1)(a)	duty to appoint fire prevention officer	CEO	no delegation, power of CEO only
s96A(1)(b)	power to appoint assistant fire prevention officers	CEO	no delegation, power of CEO only
s.109C	function of receiving funds for penalties recovered under section 41E	MFPO and MEMPC

FREEDOM OF INFORMATION ACT 1982
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.17(1)	function of receiving requests for access	MWCS	advice to Council and CEO
s.17(2B)	power to waive or reduce fee	MWCS	in consultation with CEO
s.18	power to transfer requests to another agency	MWCS
s.22	power to calculate charges for access to documents	MWCS
s.25A	power to refuse requests	MWCS	advice to CEO
s.26(1)	power to make a decision on a request	MWCS	advice to CEO
s.33(5)	duty to appoint a person registered under the Health Practitioner Regulation National Law to be the principal officer of the agency for the purposes of section 33(4)	CEO	in consultation with Council
s.41	power to amend the record of information	MWCS	in consultation with CEO where a request has been made to the council under section 39
s.49G(3)	function of receiving notice from the Freedom of Information Commissioner	MWCS
s. 49I	duty to assist the Freedom of Information Commissioner to undertake a review	MWCS
s.49K	function of consulting with the Freedom of Information Commissioner	MWCS
s. 49L	duty to make a fresh decision where a matter is referred back to Council by the Freedom of Information Commissioner	MWCS	decision must be made within 45 days of referral, unless other time period agreed under s.49(2)
s.49L(2)	power to agree with the Freedom of Information Commissioner to another time period for making the fresh decision under s.49L(1)	MWCS
s. 49L(4)	duty to notify the Freedom of Information Commissioner that a fresh decision has been made or has not been made	MWCS
s. 49L(5)	duty to revoke the earlier decision where a fresh decision has been made	MWCS
s. 49M(1)	power to revoke a decision on a request and make a fresh decision	MWCS	may make a fresh decision only once during a review under this part s. 49M(6)
s. 49M (2)	duty to notify the Freedom of information Commissioner in writing of a fresh decision made	MWCS
s. 49N	function of entering into an agreement in relation to a decision that is the subject of a review	MWCS
s. 49O(2)	function of consulting with the Freedom of Information Commissioner regarding the referral of matters	MWCS
s. 50(3D)	power to apply to the Tribunal for review of a decision of the Freedom of Information Commissioner under s 49P.	CEO
s. 50(3F)	duty to notify the Freedom of information Commissioner of an application for review under s. 50(3D)	MWCS
s.51(3)	power to conduct internal review and to make fresh decision	CEO	no delegation power of CEO only. person making internal review not to be person who made the decision [nb: current provision – this will be repealed upon commencement of the new provisions – on 1/12/2012 unless proclaimed earlier]
s. 61E	duty to co-operate with Freedom of Information Commissioner where a complaint relates to the agency	MWCS
s.61G	function of consulting with the Freedom of Information Commissioner	MWCS
s 61I(2)	power to make submissions to the Freedom of information Commissioner in relation to a complaint	MWCS
s. 61I(4)	duty to comply with request of the Freedom of Information Commissioner to produce a document or provide information	MWCS
s. 61J	duty to comply with a production notice issued by the Freedom of Information Commissioner	MWCS	where council is a "prescribed agency" for the purposes of sections 61J
s. 64B	duty to provide the Freedom of Information Commissioner any information referred to in s.64(2)	MWCS

DOMESTIC ANIMALS ACT 1994
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS AND LIMITATIONS
s.41A(1)	power to declare a dog to be a menacing dog	LLO and CEO

CULTURAL AND RECREATIONAL LANDS ACT 1963
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.4	function of receiving rates	MF

EDUCATION AND TRAINING REFORM ACT 2006
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.2.3.13	power to enter into and carry out a contract with the school council	CEO	in consultation with Council.

ELECTRICITY SAFETY ACT 1998
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.86B	duty to specify certain matters in municipal fire prevention plan	MFPO and MEMPC	in consultation with CEO and Council

EMERGENCY MANAGEMENT ACT 1986
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.18	power to arrange to co-operate with other Councils in relation to emergency management	CEO	advice to CEO. Advice to MWCS if resources required
s.19(1)	if co-operating with other councils, power to appoint one of the municipal councils to be the principal municipal council in relation to emergency management	CEO
s.20(1)	duty to prepare and maintain municipal emergency management plan	MEMPC and SCO	in consultation with Council duty of the principal council if a principal council is appointed under section 19
s.21(1)	duty to appoint municipal emergency resource officer(s)	MEMPC and SCO	duty of the principal council if a principal council is appointed under section 19
s.21(3)	duty to appoint a municipal emergency planning committee	CEO	no delegation power of CEO only. In consultation with Council. Details of appointments to be reported to Council duty of the principal council if a principal council is appointed under section 19
s.21A(3)	duty to forward a copy of council's written response to the audit report to the Chief Officer, Operations of the Victorian SES within 3 months of receiving an audit report	CEO	duty of the principal council if a principal council is appointed under section 19

HERITAGE ACT 1995
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.34(1)	function of receiving statement from Executive-Director	CEO	no delegation power of CEO only. Advice to Council
s.34A(1)	function of receiving statement of recommendation from Executive Director	CEO	no delegation power of CEO only. Advice to Council
s.39(4)	function of receiving notice of recommendation not to include place or object in Heritage Register and no objections to recommendation from Heritage Council	CEO	no delegation power of CEO only. Advice to Council
s.40(3)	function of receiving notice of recommendation not to include place or object in Heritage Register and objections to recommendation from Heritage Council	CEO	no delegation power of CEO only. Advice to Council
s.42(1)(d)	function of receiving referral of recommendation and submissions for consideration for an amendment to a planning scheme from Heritage Council	CEO	no delegation power of CEO only. Advice to Council
s.49(2)	duty to keep at Council's office a copy of so much of the Heritage Register as relates to any place in the municipal district	SPO
s.49(3)	function of receiving notice of amendment to register	SPO	advice to CEO and Council
s. 49(4)	Duty to make any part of the Heritage Register kept at Council’s office available to the public for inspection	SPO and PlO
s.62K	function of receiving notice of approval of World Heritage Strategy Plan from Minister	SPO	advice to Council and CEO
s.71	function of receiving copy of application for permit from Executive Director	SPO	advice to Council and CEO

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.29	power to enter into agreements or arrangements for use of services with the Independent Broad-based Anti-Corruption Commission (IBAC)	CEO	no delegation, power of CEO only
s. 39(1)	power to provide the IBAC with information relevant to the carrying out of IBAC's functions	CEO	no delegation, power of CEO only

LANDLORD AND TENANT ACT 1958
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.67(4)	function of providing a completion certificate	MAI

LIQUOR CONTROL REFORM ACT 1998
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.27(1)	power to apply to Director for licence or BYO permit	CEO
s.33	function of receiving copy of application	SPO and PlO
s.40(1)	power to object to grant, variation or relocation of a licence	SPO and PlO	in consultation with Council and CEO
s.40(1A)	power to object to grant, variation or relocation of packaged liquor licence or late night (packaged liquor) licence	SPO and PlO	in consultation with Council and CEO
s.90	power to apply to the Tribunal to conduct an inquiry into a licensee or permittee	CEO	no delegation, power of CEO only
s.91	power to apply to the Commission to conduct an inquiry into whether there are grounds to take disciplinary action	CEO	no delegation, power of CEO only
s.94	power to apply to the Commission to conduct an inquiry into amenity or disuse	CEO	no delegation, power of CEO only
s.95	power to apply to the Tribunal for an order cancelling or suspending a licence or permit	CEO	no delegation, power of CEO only
Sch 3,cl 18(3)	duty to notify Minister of result of poll under clause 18(1)	CEO

MAGISTRATES' COURT ACT 1989
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.99A(4)	power to give persons or bodies making a written request under s99A(3) access to any information that may be of use in the enforcement of court orders and fines	CEO	no delegation, power of CEO only

MAJOR TRANSPORT PROJECTS FACILITATION ACT 2009
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.134(4)	duty to comply with requirement to surrender public land under subsection(1)(a)	CEO
s.134(5)	duty to notify Project Minister of interest in land	CEO
s.146(2)	power to claim compensation for pecuniary loss or expense incurred	CEO
s.147	function of agreeing to transfer of building or structure	CEO

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 [The provisions of this Act reflect those within the repealed Extractive Industries Development Act 1995]
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.46(1)	function of consulting with Minister	CEO
s.77H(6)	power to consult with Department Head before Department Head approves variation of work plan	CEO
s.77M(3)	power to consult with Minister regarding variation, suspension or revocation	CEO
s.77R(1)(c)	power to act, if specified by the Minister, as a referral authority	CEO
s.80(2)(a)	power to consult with Minister regarding amount of rehabilitation bond or further rehabilitation bond if the land is private land	CEO
s.80(2A)	power to consult with Minister regarding amount of rehabilitation bond in respect to an extractive industry work authority if the land is private land	CEO
s.82(2)	power to consult with Minister before Minister returns bond if rehabilitation is satisfactory and if the land is private land	CEO

NATIONAL PARKS ACT 1975
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.19C(1)	power to enter into agreement with Minister for management of land vested in or controlled or managed by Council	CEO	no delegation, power of CEO only
s.27(1)	power to exercise powers in relation to a park with the Secretary's consent subject to any conditions he directs	CEO	no delegation, power of CEO only

PIPELINES ACT 2005
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.21(1)	power to consent to entry onto Crown Land for purpose of conducting survey	MAI	where Crown Land is vested in council
s.102	power to decide construction of the pipeline in relation to roads, bridges and tramways is satisfactory	MAI	in consultation with Council and CEO applies where council is the 'relevant authority'
s.103	power to decide construction of the pipeline in relation to electrical apparatus or other pipelines is satisfactory	MAI	in consultation with Council and CEO applies where council is the 'relevant authority'
s.104	function of being reimbursed by licensee for expense incurred due to the existence of a pipeline	MAI
s.105(1)	power to refer a dispute under Division 2 Part 7 of the Act to the Governor in Council for determination	CEO	no delegation, power of CEO only
s.105(2)	duty to comply with Governor in Council's determination under section 105(1)	CEO	no delegation, power of CEO only
s.116	function of receiving notice from licensee of incident	CEO	no delegation, power of CEO only applies where council is the 'relevant authority'

SECOND HAND DEALERS AND PAWNBROKERS ACT 1989
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.26F	duty to comply with Director’s or inspector’s request to answer questions or provide information regarding endorsed pawnbroker’s business as pawnbroker	CEO	no delegation, power of CEO only

SEX WORK ACT 1994
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.35	function of receiving notice of application for a licence	CEO
s.73	duty to consider various factors before deciding on an application for a permit for use or development as a brothel	CEO	in consultation with Council
s.74	duty to refuse to grant a permit for a brothel in certain circumstances	CEO	in consultation with Council
s.75A	duty to determine an application or request for an amendment in relation to a permit issued for the use or development of land for the purposes of the operation of a brothel	CEO	in consultation with Council
s.76(1)	duty to determine an application for a permit made but not determined before commencement of Division 2 Part 4, in accordance with Planning and Environment Act 1987 as affected by Division 2 Part 4	CEO	in consultation with Council
s.76(2)	duty to determine an application for extension of temporary use permit granted before commencement of Division 2 Part 4 in accordance with Planning and Environment Act 1987 as if this Act had not been enacted	CEO	in consultation with Council
s.81(1)(a)	duty to publish notice of making of declaration	CEO
s.81(1)(b)	duty to serve notice of making of declaration personally on owner/occupier/mortgagee of premises	CEO
s.81(1)(c)	duty to post up at or near entrance to premises copy of declaration	CEO	must be visible and legible to persons entering
s.89(4)	function of issuing certificate that an officer is authorised	CEO

SHERIFF ACT 2009
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.54(1)	duty to comply with request for information made under section 53(1)	CEO	unless subsections 54(1)(a) and (b) apply

SPORT AND RECREATION ACT 1972
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.6(3)	power to enter into agreement with Minister and to agree to conditions for Minister to carry out works or undertakings or provide services	CEO	no delegation, power of CEO only
s.14(3)	function of receiving funds for works for provision of sport and recreation	MAI

SUMMARY OFFENCES ACT 1966
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.4	power to give permission or consent to certain things	CEO	no delegation, power of CEO only
s.50A(3)(a)	power to apply to Governor in Council for declaration that municipal district be a “district” for purposes of section 50A offences	CEO	no delegation, power of CEO only
s.50A(3)(b)	power to apply to Governor in Council for revocation/variation of declaration under section 50A(3)(a)	CEO	no delegation, power of CEO only

TRANSFER OF LAND ACT 1958
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
s.45(3)	power to consent to the creation or surrender of a right of carriageway	MAI and RMO	advice to CEO
s.54	power to make application to be registered proprietor	MAI and RMO	applies only where the Council is an 'acquiring authority' as defined in section 53
s.55(3)	duty to take possession of any certificate of title, or other document produced to Council on any claim for compensation and to lodge them immediately with the registrar	MAI and RMO	advice to CEO applies only where the Council is an 'acquiring authority' as defined in section 53
s.57(1)	duty to lodge notification with the Registrar upon service of notice of intention	MAI and RMO	applies only where the Council is an 'acquiring authority' as defined in section 53
s.57(2)	power to withdraw notice of intention to acquire	MAI and RMO	applies only where the Council is an 'acquiring authority' as defined in section 53
s.62(4)	function of receiving notice from Registrar of where land is located	MAI and RMO	advice to CEO
s.88(2)	power to lodge with the Registrar a notification of the acquisition of a charge on land or other right in the nature of a charge etc.	MAI and RMO	advice to CEO applies only where the Council is an 'acquiring authority' as defined in section 53
s.106(1)(b)	power to consent to the registration of a dealing or plan	MAI and RMO	in consultation with CEO

LAND ACQUISITION AND COMPENSATION REGULATIONS 1998
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r.11	function of providing certain information as set out in (a)-(g) as requested by an Authority	CEO
r.12	function of providing certain information as set out in (a)-(d) as requested by an Authority	CEO	where council is responsible authority

LOCAL GOVERNMENT (LONG SERVICE LEAVE) REGULATIONS 2012
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r. 9 (3)	duty to pay prescribed entitlement upon request made under r. 9(2)	HRO
r. 9 (5) (a)	duty to transfer long service leave entitlement where a staff member intends to commence work with another Council	HRO
r. 9 (5)(b)	power to pay the prescribed entitlement where a staff member intends to commence work with another public service body or special body	HRO
r. 9 (6)	duty to pay the prescribed entitlement if the member has not taken the whole of their long service leave accrued	HRO
r.10 (2)	duty to pay long service entitlement upon death of staff member	HRO
r.11 (3)	duty to pay the prescribed entitlement to a staff member who makes an election under r.11(2)	HRO
r. 11 (4)	duty to pay the prescribed entitlement to a member ceases employment due to any of the reasons set out in r.11(1) and had not taken the whole of their long service leave accrued	HRO
r. 11 (6)	duty to pay the prescribed entitlement to a member who has completed 7 years and has been terminated for serious or wilful misconduct or poor performance.	HRO
r. 11 (7)(b)(i)	duty to approve a medical practitioner for the purpose of r.11	HRO
r. 15 (6)	power to include a period of service when the member was absent from duty as "recognised service"	HRO
r. 16 (1)	duty to grant a day off if public holiday falls during any period taken as long service leave	HRO
r. 17	power to agree with a staff member as to when long service leave may be taken	HRO
r. 18	power to approve the request of a staff member to take long service leave entitlement at half the salary for twice the period	HRO	advice to CEO
r. 19	power to approve the request of a staff member to engage in other employment during long service leave	CEO
r. 20	duty to provide other Councils with information upon request	HRO
r. 21(1)(a)	duty to inform other Councils of commencement of employment of member of staff where that person previously worked at that Council	HRO
r. 21(1)(b)	duty to pay other Council the prescribed entitlement within 2 months of being informed of employment	HRO
r. 21 (3)(a)	duty to refund a payment under r.21(1) if the circumstances in (a)-(d) exist	HRO
r. 22 (1)	power to enter into an agreement with a body referred in r.15 (4) regarding transfer of entitlements	HRO

LOCAL GOVERNMENT (GENERAL) REGULATIONS 2004
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r.9	duty to include in the notice of rates and charges the information prescribed	MF
r.11	duty to make available for inspection documents containing certain prescribed matters	MF
r.13(1) and (2)	duty to include certain prescribed statements in a land information certificate	MF
r.13(3)	power to sign a land information certificate	MF

LOCAL GOVERNMENT (FINANCE AND REPORTING) REGULATIONS 2004
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r.6	duty to prepare standard statements on specified accounting bases	MF
r.7	duty to use in its standard statements specified key categories	MF
r.8	duty to include in the budget and any revised budget certain prescribed information	MF
r.9	duty to include in the public notice of the preparation of a proposed budget or revised budget the prescribed information	MF
r.10	duty to ensure that the report of operations gives an accurate description of the operations during the financial year	MWCS
r.11	duty to include in the report of operations certain prescribed information	MWCS
r.13	duty to prepare financial statements (to be included in the annual report) in accordance with the specified AAS	MF
r.14	duty to include in its financial statements certain prescribed information	MF
r.15	duty to include in its financial statements the financial ratios set out in the Schedule	MF

OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2007
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r.5.2.9(3)	function of assisting in the preparation of an emergency management plan for a major hazard facility	CEO	advice to Council
r.5.2.12	function of commenting on an emergency management plan in relation to the off-site consequences of a major incident occurring	CEO	advice to Council
r.5.2.24(1)	function of receiving information concerning the safety of the major hazard facility	CEO	advice to Council
r.5.2.24(4)	function of commenting on matters that could affect the health and safety of members of the local community in the event of a major incident occurring	CEO	advice to Council
r.5.3.34	function of assisting in the preparation of an emergency management plan for a prescribed mine	CEO	advice to Council

ROAD SAFETY ROAD RULES 2009
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r.200(2)	power to permit drivers of heavy and long vehicles to stop on roads	SCO, LLO, MWCS, MR and MAI

ROAD SAFETY (GENERAL) REGULATIONS 2009
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r.84(c)(ii)	power to authorise staff member to file a charge	CEO	No delegation, power of CEO only

ROAD SAFETY (TRAFFIC MANAGEMENT) REGULATIONS 2009
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r.9(2)	function of receiving notice from VicRoads	CEO
r.9(3)	power to disagree with proposal in writing within 21 days	CEO
r.10(1)	power to erect, display, place, remove or alter control devices on roads	MAI, MWCS and MR	applies only if council is the responsible road authority
r.10(2)(a)	power to erect, display, place, remove or alter a minor traffic control device that is for the control of stopping or parking vehicles under Part 12 of the Road Safety Road Rules Regulations 2009	MAI, MWCS and MR
r.10(2)(b)	power to erect, display, place, remove or alter a traffic control device for a children's crossing	MAI, MWCS and MR
r.10(2)(c)	power to erect, display, place, remove or alter any other minor or major traffic control device with the authority of VicRoads	MAI, MWCS and MR
r.10(4)	duty to alter or remove minor traffic control item if it is inconsistent with a major traffic control item located on the same length of road	MAI, MWCS and MR
r.25	power to grant permission for an organised procession or parade	MAI	in consultation with Council. applies only if council is the coordinating road authority under the Road Management Act 2004
r.30(3)	power to waive permit application fee wholly or in part	MAI	applies only if council is the coordinating road authority under the Road Management Act 2004

ROAD SAFETY (VEHICLES) REGULATIONS 2009
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r.104(3)	power to enter into an agreement with VicRoads to provide for discounted search and extract fees	CEO

SUBDIVISION (PROCEDURES) REGULATIONS 2011
Column 1	Column 2	Column 3	Column 4
PROVISION	THING DELEGATED	DELEGATE	CONDITIONS & LIMITATIONS
r.11	duty to give the applicant the address and lot location of each lot on the plan	SPO and PlO
r.14(a)	duty to provide the referral authority with a copy of the application and certain details	SPO and PlO
r.14(b)	duty to provide the applicant with a copy of the application and certain details	SPO and PlO
r.19(1)	duty to send the referral authority notice of revised time for consideration of the plan, when sending a copy of altered plan under section 10(5) of Subdivision Act 1988	SPO and PlO
r.19(3)	duty to send the applicant notice of revised time for consideration of the plan when altered plan is sent to a referral authority under section 10(5) of Subdivision Act 1988	SPO and PlO
r.23(a)	duty to provide the referral authority with a copy of the plan and certain details, when referring an application to amend a certified plan under section 11(1) of Subdivision Act 1988	SPO and PlO
r.23(b)	duty to provide the applicant with a copy of the application and certain details, when referring an application to amend a certified plan under section 11(1) of Subdivision Act 1988	SPO and PlO
r.29	duty to provide the applicant with the amended street address and lot location of each lot on amended plan or new plan	SPO and PlO	in circumstances described in r.29
r.33(1)	duty to maintain a register of applications	SPO and PlO
r.33(4)	duty to make the register available for inspection	SPO and PlO
r.36(4)	duty to send notice of refusal where Council refuses to issue a statement of compliance under section 21 of Subdivision Act 1988	SPO and PlO