Recommendation:

That Council adopt the Minutes of the Ordinary Meeting held on Wednesday, 13 July 2016.

Attachments:

Nil

Motion:

That Council notes the information contained in the report on Building Permits approved by staff from 1 June 2016 to 31 July 2016.

Moved:             Cr Leo Tellefson

Seconded:      Cr Graeme Milne

Carried.

20160026

21 Napier Street,
DONALD

New Building: Shed

$ 9,000

01/06/2016

20160027

38 Calder Highway,
NULLAWIL

Re-erect Building: Storage Shed

$10,330

16/06/2016

20160028

58 Woods Street,
DONALD

New Building: Storage Shed Archives

$50,000

23/06/2016

20160029

89 Cumming Avenue, BIRCHIP

Other: Alteration and Addition to Building

$65,747

23/06/2016

20160030

23 Learmonth Street,
CHARLTON

New Building: Shed

$11,500

23/06/2016

20160031

P Nicholls Road,
WYCHEPROOF

New Building: Farm Shed

$11,700

23/06/2016

20160032

18 Birchip Road,
NULLAWIL

New Building: Shade Structure

$22,000

23/06/2016

20160035

65 Berriwillock-Birchip Road,
BIRCHIP

New Building: Covered Ares-Shelter

$85,000

01/07/2016

20160036

548 Gretrix Road, TEDDYWADDY

New Building: Garage

$9,000

21/07/2016

20160037

Racecourse Road, DONALD

New Building: BBQ Shelter& Storage Shed

$18,000

21/07/2016

20160038

36 Dempsey Street, WYCHEPROOF

New Building: Shed

$15,000

21/07/2016

Attachments:

Nil

Motion:

That Council considers the record of correspondence sent and responses received.

Moved:             Cr Stuart McLean

Seconded:      Cr Graeme Milne

Carried.

Attachments:

1       Councillor Briefing Record 6 July 2016

2       Councillor Briefing Record 20 July 2016

Motion:

That Council adopts the records of the Councillor Briefings held 6 July and 20 July 2016.

Moved:             Cr Stuart McLean

Seconded:      Cr Leo Tellefson

Carried.

NO.

TOPIC

ACTIONS

1.

Declarations of Conflicts of Interest

2.

Councillor Only Session

3.

Presentations

3.1

Community Rating Subsidies (DCS)

3.2

Review of Local Government Act

Attachment

3.3

Culgoa Development Group Presentation 6:45pm

3.4

Governance Service Review

Attachment

3.5

Drought Funding Projects update

Attachments (2)

4.

Items for Discussion

4.1

Draft 13 July Ordinary Meeting Agenda

Attachment

5.

Councillor Matters

6.

CEO Updates

Rural Living Campaign

NO.

TOPIC                                                                                                

ACTIONS

1.

Declarations of Conflicts of Interest

Nil

2.

Councillor Only Session

3.

Presentations

3.1

Charlton Tyre Issues – (3.30pm)

3.2

Advance Sea Lake Committee (4.00pm)  

3.3

Streetscapes Masterplans DW&TS (4.30pm) 

Attachment  provided at Briefing

3.4

Service Reviews

Local Laws (MP&CS)

Attachment

3.5

Submission to the Review of Local Government Act (CEO) – follow up discussion        

Attachment

3.6

Influenza  Pandemic Plan  MP & CD

Attachment

4.

Items for Discussion

4.1

Draft Loddon Mallee Waste and Resource Recovery Implementation Plan

Attachments (3)

5.

Councillor Matters

6.

CEO Updates

6.1  Wooroonook Lake Committee of Management

6.2  Sport and Recreation Victoria grant outcome

6.3  Regional Drought Advocacy document

Attachments:

Nil

Motion:

That the Council notes the information contained in the report on planning applications under consideration by staff and the status of each of these applications.

Moved:             Cr Graeme Milne

Seconded:      Cr Stuart McLean

Carried.

Application No

Applicant

Address

Date Rec

Summary of Proposal

Status

 664/16

Peter Walder

548 Watchem West School Road, Watchem West

05/07/2016

Use and development of land for Intensive Animal Husbandry (Chickens Farm - Layers) 40,000 birds

New

665/16

Geoffrey Ellis

Yeungroon Road, Charlton

19/07/2016

Use and development of land for Intensive Animal Husbandry (Chicken Breeder Farm) and associated earthworks. 132,000 Birds

Referral/ Notice of application

666/16

TT & EM Pole

340 Judds Road, Charlton

18/07/2016

Use and development for a store (hay shed)

Referral/Notice of application

Attachments:

Nil

Motion:

That Council acknowledges and congratulates the persons and groups mentioned in the report for their achievements.

Moved:             Cr Graeme Milne

Seconded:      Cr Leo Tellefson

Carried.

Attachments:

1       Instrument of Delegation (S6)

Motion:

That Council in the exercise of the powers conferred by Section 98(1) of the Local Government Act 1989 and any other Act, regulation or local law referred to in the attached Instrument of Delegation from Council to Designated Members of Council Staff, Buloke Shire Council resolves that:

(a)     There be delegated to the members of Council staff holding, acting or in performing the duties of the offices or positions referred to in the attached Instrument of Delegation to Members of Council staff, the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument.

(b)     The Instrument comes into force immediately upon the Common Seal of Council being affixed to the Instrument.

(c)     On the coming into force of the Instrument all previous delegations to members of Council staff (other than the Chief Executive Officer) are revoked.

(d)     The duties and functions set out in the Instrument must be performed and the powers set out in the instruments must be executed, in accordance with any Council policies or guidelines as adopted from time to time.

Moved:             Cr Leo Tellefson

Seconded:      Cr Stuart McLean

Carried.

Provision

Item Delegated

Delegate

Conditions and Limitations

s.41A(1)

power to declare a dog to be a menacing dog

CEO, CTL

Council may delegate this power to an authorised officer

Provision

Item Delegated

Delegate

Conditions and Limitations

s.53M(3)

power to require further information

EHO, MPCS

s.53M(4)

duty to advise applicant that application is not to be dealt with

EHO, MPCS

s.53M(5)

duty to approve plans, issue permit or refuse permit

CEO, CTL, EHO, MPCS

refusal must be ratified by council or it is of no effect

s.53M(6)

power to refuse to issue septic tank permit

EHO, MPCS

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, MPCS

refusal must be ratified by council or it is of no effect

Provision

Item Delegated

Delegate

Conditions and 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

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

s.19(6)(a)

duty to revoke any order under section 19 if satisfied that an order has been complied with

EHO, MPCS

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

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 that order has been complied with

EHO

where council is the registration authority

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.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.19M(4)(a) & (5)

power to conduct a food safety audit and take actions where deficiencies are identified

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

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.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

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.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

EHO

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(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(2)

power to register the food premises on a conditional basis

EHO

where council is the registration authority;
not exceeding the prescribed time limit defined under subsection (5).

s.38E(4)

duty to register the food premises when conditions are satisfied

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.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)

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 of 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

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

EHO

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

EHO

where council is the registration authority

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, MPCS

where council is the registration authority

Provision

Item Delegated

Delegate

Conditions and Limitations

s.84(2)

power to sub-delegate Executive Director's functions

CEO, MPCS

must obtain Executive Director's written consent first.

Provision

Item Delegated

Delegate

Conditions and Limitations

s.4B

power to prepare an amendment to the Victoria Planning Provisions

CEO, MPCS, PO

if authorised by the Minister

s.4G

function of receiving prescribed documents and a copy of the Victoria Planning Provisions from the Minister

MPCS, PO

s.4H

duty to make amendment to Victoria Planning Provisions available

MPCS, PO

s.4I

duty to keep Victoria Planning Provisions and other documents available

MPCS, PO

s.8A(2)

power to prepare amendment to the planning scheme where the Minister has given consent under s.8A

MPCS, PO

s. 8A(3)

power to apply to Minister to prepare an amendment to the planning scheme

MPCS, PO

s.8A(5)

function of receiving notice of the Minister's decision

MPCS, PO

s.8A(7)

power to prepare the amendment specified in the application without the Minister's authorisation if no response received after 10 business days

MPCS, PO

s.8B(2)

power to apply to the Minister for authorisation to prepare an amendment to the planning scheme of an adjoining municipal district

MPCS, PO

s.12(3)

power to carry out studies and do things to ensure proper use of land and consult with other persons to ensure co-ordination of planning scheme with these persons

CEO, MPCS, PO

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)

CEO, MPCS, PO

s.12B(1)

duty to review planning scheme

CEO, MPCS, PO

Council to ratify

s.12B(2)

duty to review planning scheme at direction of Minister

CEO, MPCS, PO

s.12B(5)

duty to report findings of review of planning scheme to Minister without delay

MPCS, PO

s.14

duties of a Responsible Authority as set out in subsections (a) to (d)

MPCS, PO

s.17(1)

duty of giving copy amendment to the planning scheme

MPCS, PO

s.17(2)

duty of giving copy s.173 agreement

MPCS, PO

s.17(3)

duty of giving copy amendment, explanatory report and relevant documents to the Minister within 10 business days

MPCS, PO

s.18

duty to make amendment etc. available

MPCS, PO

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

MPCS, PO

Advice to CEO

s.19

function of receiving notice of preparation of an amendment to a planning scheme

MPCS, PO

where Council is not the planning authority and the amendment affects land within Council's municipal district; or
where the amendment will amend the planning scheme to designate Council as an acquiring authority.

s.20(1)

power to apply to Minister for exemption from the requirements of section 19

MPCS, PO

s.21(2)

duty to make submissions available

MPCS, PO

s.21A(4)

duty to publish notice in accordance with section

MPCS, PO

s.22

duty to consider all submissions

MPCS, PO

s.23(1)(b)

duty to refer submissions which request a change to the amendment to a panel

MPCS, PO

s.23(2)

power to refer to a panel submissions which do not require a change to the amendment

MPCS, PO

s.24

function to represent council and present a submission at a panel hearing (including a hearing referred to in section 96D)

CEO, MPCS, PO

s.26(1)

power to make report available for inspection

MPCS, PO

s.26(2)

duty to keep report of panel available for inspection

MPCS, PO

s.27(2)

power to apply for exemption if panel's report not received

CEO, MPCS, PO

s.30(4)(a)

duty to say if amendment has lapsed

MPCS, PO

s.30(4)(b)

duty to provide information in writing upon request

MPCS, PO

s.32(2)

duty to give more notice if required

MPCS, PO

s.33(1)

duty to give more notice of changes to an amendment

MPCS, PO

s.36(2)

duty to give notice of approval of amendment

CEO, MPCS, PO

s.38(5)

duty to give notice of revocation of an amendment

CEO, MPCS, PO

s.39

function of being a party to a proceeding commenced under section 39 and duty to comply with determination by VCAT

CEO, MPCS, PO

s.40(1)

function of lodging copy of approved amendment

CEO, MPCS, PO

s.41

duty to make approved amendment available

MPCS, PO

s.42

duty to make copy of planning scheme available

MPCS, PO

s.46AS(ac)

power to request the Growth Areas Authority to provide advice on any matter relating to land in Victoria or an objective of planning in Victoria

MPCS, PO

s.46GF

duty to comply with directions issued by the Minister

MPCS

s.46GG

duty to include a condition in a permit relating to matters set out in s.46GG(c) and (d)

MPCS

s.46GH(1)

power to require the payment of an amount of infrastructure levy to be secured to Council's satisfaction

MPCS

where council is a collecting agency

s.46GH(2)

power to accept the provision of land, works, services or facilities in part or full satisfaction of the amount of infrastructure levy payable

MPCS

where council is a collecting agency

s.46GH(3)

duty to obtain the agreement of the relevant development agency or agencies specified in the approved infrastructure contributions plan before accepting the provision of land, works, services or facilities by the applicant

MPCS

where council is a collecting agency

s.46GI(1)

duty to keep proper accounts of any amount of infrastructure levy paid to it as a collecting agency or a development agency under part 2 of the Planning and Environment Act 1987

MPCS

must be done in accordance with Local Government Act 1989.

s.46GI(2)

duty to forward to a development agency any part of an infrastructure levy paid to council which is imposed for plan preparation costs incurred by development agency or for carrying out of works, services or facilities on behalf of the development agency

MPCS

s.46GI(3)

duty to apply levy amount only in accordance with s.46GI(3) (a) and (b)

MPCS

s46GI(4)

power to refund any amount of infrastructure levy paid to it as a development agency under Part 2 of the Planning and Environment Act 1987 if satisfied that the development is not to proceed

CEO

s.46GI(5)

duty to take action described in s.46GI(5)(c) – (e) where s.46GI(5)(a) and (b) applies.

MPCS

s.46GL

power to recover any amount of infrastructure levy as a debt due to Council

MPCS

where council is a collecting agency

s.46GM

duty to prepare report and give a report to the Minister

CEO

where council is a collecting agency or development agency

s.46N(1)

duty to include condition in permit regarding payment of development infrastructure levy

CEO, MPCS, PO

s.46N(2)(c)

function of determining time and manner for receipt of development contributions levy

CEO, MPCS, PO

s.46N(2)(d)

power to enter into an agreement with the applicant regarding payment of development infrastructure levy

CEO, MPCS, PO

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

CEO, MPCS, PO

s.46O(1)(d) & (2)(d)

power to enter into agreement with the applicant regarding payment of community infrastructure levy

CEO, MPCS, PO

s.46P(1)

power to require payment of amount of levy under section 46N or section 46O to be satisfactorily secured

CEO, MPCS, PO

s.46P(2)

power to accept provision of land, works, services or facilities in part or full payment of levy payable

CEO, MPCS, PO

s.46Q(1)

duty to keep proper accounts of levies paid

DCS, MPCS, PO

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 or plan preparation costs incurred by a development agency or plan preparation costs incurred by a development agency

DCS, MPCS, PO

s.46Q(2)

duty to apply levy only for a purpose relating to the provision of plan preparation costs or 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 if an amount of levy has been paid to a municipal council as a development agency for plan preparation costs incurred by the council or for the provision by the council of works, services or facilities in an area under s.46Q(4)(a)

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

CEO, MPCS, PO

must be done in accordance with Part 3

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.46QD

duty to prepare report and give a report to the Minister

CEO

where council is a collecting agency or development agency

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

MPCS, PO

s.46Y

duty to carry out works in conformity with the approved strategy plan

MPCS, PO

s.47

power to decide that an application for a planning permit does not comply with that Act

CEO, MPCS, PO

s.49(1)

duty to keep a register of all applications for permits and determinations relating to permits

MPCS, PO

s.49(2)

duty to make register available for inspection

MPCS, PO

s.50(4)

duty to amend application

MPCS, PO

s.50(5)

power to refuse to amend application

MPCS, PO

s.50(6)

duty to make note of amendment to application in register

MPCS, PO

s.50A(1)

power to make amendment to application

MPCS, PO

s.50A(3)

power to require applicant to notify owner and make a declaration that notice has been given

MPCS, PO

s.50A(4)

duty to note amendment to application in register

MPCS, PO

s.51

duty to make copy of application available for inspection

MPCS, PO

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

MPCS, PO

s.52(1)(b)

duty to give notice of the application to other municipal councils where appropriate

MPCS, PO

s.52(1)(c)

duty to give notice of the application to all persons required by the planning scheme

MPCS, PO

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

MPCS, PO

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

MPCS, PO

s.52(1)(d)

duty to give notice of the application to other persons who may be detrimentally effected

MPCS, PO

s.52(1AA)

duty to give notice of an application to remove or vary a registered restrictive covenant

MPCS, PO

s.52(3)

power to give any further notice of an application where appropriate

CEO, MPCS, PO

s.53(1)

power to require the applicant to give notice under section 52(1) to persons specified by it

MPCS, PO

s.53(1A)

power to require the applicant to give the notice under section 52(1AA)

MPCS, PO

s.54(1)

power to require the applicant to provide more information

MPCS, PO

s.54(1A)

duty to give notice in writing of information required under section 54(1)

MPCS, PO

s.54(1B)

duty to specify the lapse date for an application

MPCS, PO

s.54A(3)

power to decide to extend time or refuse to extend time to give required information

MPCS, PO

s.54A(4)

duty to give written notice of decision to extend or refuse to extend time und section 54A(3)

MPCS, PO

s.55(1)

duty to give copy application, together with the prescribed information, to every referral authority specified in the planning scheme

MPCS, PO

s.57(2A)

power to reject objections considered made primarily for commercial advantage for the objector

CEO, MPCS, PO

s.57(3)

function of receiving name and address of persons to whom notice of decision is to go

MPCS, PO

s.57(5)

duty to make available for inspection copy of all objections

MPCS, PO

s.57A(4)

duty to amend application in accordance with applicant's request, subject to section 57A(5)

MPCS, PO

s.57A(5)

power to refuse to amend application

MPCS, PO

s.57A(6)

duty to note amendments to application in register

MPCS, PO

s.57B(1)

duty to determine whether and to whom notice should be given

MPCS, PO

s.57B(2)

duty to consider certain matters in determining whether notice should be given

MPCS, PO

s.57C(1)

duty to give copy of amended application to referral authority

MPCS, PO

s.58

duty to consider every application for a permit

MPCS, PO

s.58A

power to request advice from the Planning Application Committee

MPCS, PO

s.60

duty to consider certain matters

MPCS, PO

s60(1A)

power to consider certain matters before deciding on application

MPCS, PO

s.60(1B)

duty to consider number of objectors in considering whether use or development may have significant social effect

DWTS

s.61(1)

power to determine permit application, either to decide to grant a permit, to decide to grant a permit with conditions or to refuse a permit application

MPCS, PO

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

Review and Approval by CEO
If permit refused must be in consultation with CEO and Council

s.61(2)

duty to decide to refuse to grant a permit if a relevant determining referral authority objects to grant of permit

MPCS, PO

s.61(2A)

power to decide to refuse to grant a permit if a relevant recommending referral authority objects to the grant of permit

MPCS, PO

s.61(3)(a)

duty not to decide to grant a permit to use coastal Crown land without Minister's consent

MPCS, PO

s.61(3)(b)

duty to refuse to grant the permit without the Minister's consent

CEO, MPCS, PO

s.61(4)

duty to refuse to grant the permit if grant would authorise a breach of a registered restrictive covenant

CEO, MPCS, PO

s.62(1)

duty to include certain conditions in deciding to grant a permit

MPCS, PO

In consultation with CEO and advice to Council

s.62(2)

power to include other conditions

MPCS, PO

s.62(4)

duty to ensure conditions are consistent with paragraphs (a),(b) and (c)

MPCS, PO

s.62(5)(a)

power to include a permit condition to implement an approved development contributions plan

MPCS, PO

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

MPCS, PO

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

MPCS, PO

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

MPCS, PO

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)

MPCS, PO

s.63

duty to issue the permit where made a decision in favour of the application (if no one has objected)

MPCS, PO

s.64(1)

duty to give notice of decision to grant a permit to applicant and objectors

MPCS, PO

this provision applies also to a decision to grant an amendment to a permit - see section 75

s.64(3)

duty not to issue a permit until after the specified period

MPCS, PO

this provision applies also to a decision to grant an amendment to a permit - see section 75

s.64(5)

duty to give each objector a copy of an exempt decision

MPCS, PO

this provision applies also to a decision to grant an amendment to a permit - see section 75

s.64A

duty not to issue permit until the end of a period when an application for review may be lodged with VCAT or until VCAT has determined the application, if a relevant recommending referral authority has objected to the grant of a permit

MPCS, PO

this provision applies also to a decision to grant an amendment to a permit - see section 75A

s.65(1)

duty to give notice of refusal to grant permit to applicant and person who objected under section 57

MPCS, PO

s.66(1)

duty to give notice under section 64 or section 65 and copy permit to relevant determining referral authorities

MPCS, PO

s.66(2)

duty to give a recommending referral authority notice of its decision to grant a permit

MPCS, PO

if the recommending referral authority objected to the grant of the permit or the responsible authority decided not to include a condition on the permit recommended by the recommending referral authority

s.66(4)

duty to give a recommending referral authority notice of its decision to refuse a permit

MPCS, PO

if the recommending referral authority objected to the grant of the permit or the recommending referral authority recommended that a permit condition be included on the permit

s.66(6)

duty to give a recommending referral authority a copy of any permit which Council decides to grant and a copy of any notice given under section 64 or 65

MPCS, PO

if the recommending referral authority did not object to the grant of the permit or the recommending referral authority did not recommend a condition be included on the permit

s.69(1)

function of receiving application for extension of time of permit

MPCS, PO

s.69(1A)

function of receiving application for extension of time to complete development

MPCS, PO

s.69(2)

power to extend time

MPCS, PO

s.70

duty to make copy permit available for inspection

MPCS, PO

s.71(1)

power to correct certain mistakes

MPCS, PO

s.71(2)

duty to note corrections in register

MPCS, PO

S.73

power to decide to grant amendment subject to conditions

MPCS, PO

S.74

duty to issue amended permit to applicant if no objectors

MPCS, PO

S.76

duty to give applicant and objectors notice of decision to refuse to grant amendment to permit

MPCS, PO

s.76A(1)

duty to give relevant determining referral authorities copy of amended permit and copy of notice

MPCS, PO

s.76A(2)

duty to give a recommending referral authority notice of its decision to grant an amendment to a permit

MPCS, PO

if the recommending referral authority objected to the amendment of the permit or the responsible authority decided not to include a condition on the amended permit recommended by the recommending referral authority

s.76A(4)

duty to give a recommending referral authority notice of its decision to refuse a permit

MPCS, PO

if the recommending referral authority objected to the amendment of the permit or the recommending referral authority recommended that a permit condition be included on the amended permit

s.76A(6)

duty to give a recommending referral authority a copy of any amended permit which Council decides to grant and a copy of any notice given under section 64 or 76

MPCS, PO

if the recommending referral authority did not object to the amendment of the permit or the recommending referral authority did not recommend a condition be included on the amended permit

s.76D

duty to comply with direction of Minister to issue amended permit

CEO, MPCS, PO

S.83

function of being respondent to an appeal

CEO, MPCS, PO

s.83B

duty to give or publish notice of application for review

MPCS, PO

s.84(1)

power to decide on an application at any time after an appeal is lodged against failure to grant a permit

MPCS, PO

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

MPCS, PO

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

MPCS, PO

s.84(6)

duty to issue permit on receipt of advice within 3 working days

MPCS, PO

s.86

duty to issue a permit at order of Tribunal within 3 working days

MPCS, PO

s.87(3)

power to apply to VCAT for the cancellation or amendment of a permit

CEO, MPCS, PO

In consultation with Council

s.90(1)

function of being heard at hearing of request for cancellation or amendment of a permit

CEO, MPCS, PO

s.91(2)

duty to comply with the directions of VCAT

CEO, MPCS, PO

s.91(2A)

duty to issue amended permit to owner if Tribunal so directs

MPCS, PO

s.92

duty to give notice of cancellation/amendment of permit by VCAT to persons entitled to be heard under section 90

MPCS, PO

s.93(2)

duty to give notice of VCAT order to stop development

MPCS, PO

s.95(3)

function of referring certain applications to the Minister

CEO, MPCS, PO

s.95(4)

duty to comply with an order or direction

CEO, MPCS, PO

s.96(1)

duty to obtain a permit from the Minister to use and develop its land

CEO, MPCS, PO

s.96(2)

function of giving consent to other persons to apply to the Minister for a permit to use and develop Council land

MPCS, PO

s.96A(2)

power to agree to consider an application for permit concurrently with preparation of proposed amendment

MPCS, PO

s.96C

power to give notice, to decide not to give notice, to publish notice and to exercise any other power under section 96C

MPCS, PO

s.96F

duty to consider the panel's report under section 96E

CEO, MPCS, PO

s.96G(1)

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

CEO, MPCS, PO

In consultation with Council

s.96H(3)

power to give notice in compliance with Minister's direction

MPCS, PO

In consultation with CEO

s.96J

power to issue permit as directed by the Minister

MPCS, PO

s.96K

duty to comply with direction of the Minister to give notice of refusal

MPCS, PO

s. 96Z

duty to keep levy certificates given to it under ss. 47 or 96A for no less than 5 years from receipt of the certificate

MPCS, PO

s.97C

power to request Minister to decide the application

MPCS, PO

In consultation with Council and CEO

s.97D(1)

duty to comply with directions of Minister to supply any document or assistance relating to application

MPCS, PO

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

CEO, MPCS, PO

s.97G(6)

duty to make a copy of permits issued under section 97F available for inspection

MPCS, PO

s.97L

duty to include Ministerial decisions in a register kept under section 49

MPCS, PO

s.97MH

duty to provide information or assistance to the Planning Application Committee

MPCS, PO

s.97MI

duty to contribute to the costs of the Planning Application Committee or subcommittee

MPCS, PO

s.97O

duty to consider application and issue or refuse to issue certificate of compliance

MPCS, PO

s.97P(3)

duty to comply with directions of VCAT following an application for review of a failure or refusal to issue a certificate

CEO, MPCS, PO

s.97Q(2)

function of being heard by VCAT at hearing of request for amendment or cancellation of certificate

MPCS, PO

In consultation with CEO and Council

s.97Q(4)

duty to comply with directions of VCAT

MPCS, PO

s.97R

duty to keep register of all applications for certificate of compliance and related decisions

MPCS, PO

s.98(1)&(2)

function of receiving claim for compensation in certain circumstances

MPCS, PO

s.98(4)

duty to inform any person of the name of the person from whom compensation can be claimed

MPCS, PO

s.101

function of receiving claim for expenses in conjunction with claim

MPCS, PO

s.103

power to reject a claim for compensation in certain circumstances

MPCS, PO

In consultation with CEO

s.107(1)

function of receiving claim for compensation

MPCS, PO

s.107(3)

power to agree to extend time for making claim

CEO, MPCS, PO

s.114(1)

power to apply to the VCAT for an enforcement order

CEO, MPCS, PO

In consultation with Council

s.117(1)(a)

function of making a submission to the VCAT where objections are received

CEO, MPCS, PO

s.120(1)

power to apply for an interim enforcement order where section 114 application has been made

CEO, MPCS, PO

In consultation with Council

s.123(1)

power to carry out work required by enforcement order and recover costs

MPCS, PO

s.123(2)

power to sell buildings, materials, etc salvaged in carrying out work under section 123(1)

CEO

except Crown Land

In consultation with Council

s.129

function of recovering penalties

MPCS, PO

s.130(5)

power to allow person served with an infringement notice further time

MPCS, PO

s.149A(1)

power to refer a matter to the VCAT for determination

CEO

In consultation with Council

s.149A(1A)

power to apply to VCAT for the determination of a matter relating to the interpretation of a s.173 agreement

MPCS, PO

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)

MPCS, PO

where council is the relevant planning authority

s.171(2)(f)

power to carry out studies and commission reports

CEO, MPCS, PO

s.171(2)(g)

power to grant and reserve easements

CEO, MPCS, PO

s.173

power to enter into agreement covering matters set out in section 174

CEO, MPCS, PO

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

CEO, MPCS, PO

In consultation with Council

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

CEO, MPCS, PO

In consultation with Council

s.177(2)

power to end a section 173 agreement with the agreement of all those bound by any covenant in the agreement or otherwise in accordance with Division 2 of Part 9

CEO, MPCS, PO

In consultation with Council

s.178

power to amend a s.173 agreement with the agreement of all those bound by any covenant in the agreement or otherwise in accordance with Division 2 of Part 9

CEO, MPCS, PO

In consultation with Council

s.178A(1)

function of receiving application to amend or end an agreement

MPCS, PO

s.178A(3)

function of notifying the owner as to whether it agrees in principle to the proposal under s.178A(1)

MPCS, PO

s.178A(4)

function of notifying the applicant and the owner as to whether it agrees in principle to the proposal

MPCS, PO

s.178A(5)

power to propose to amend or end an agreement

MPCS, PO

s.178B(1)

duty to consider certain matters when considering proposal to amend an agreement

MPCS, PO

s.178B(2)

duty to consider certain matters when considering proposal to end an agreement

MPCS, PO

s.178C(2)

duty to give notice of the proposal to all parties to the agreement and other persons who may be detrimentally affected by decision to amend or end

MPCS, PO

s.178C(4)

function of determining how to give notice under s.178C(2)

MPCS, PO

s.178E(1)

duty not to make decision until after 14 days after notice has been given

MPCS, PO

s.178E(2)(a)

power to amend or end the agreement in accordance with the proposal

MPCS, PO

If no objections are made under s.178D
Must consider matters in s.178B

s.178E(2)(b)

power to amend or end the agreement in a manner that is not substantively different from the proposal

MPCS, PO

If no objections are made under s.178D
Must consider matters in s.178B

s.178E(2)(c)

power to refuse to amend or end the agreement

MPCS, PO

If no objections are made under s.178D
Must consider matters in s.178B

s.178E(3)(a)

power to amend or end the agreement in accordance with the proposal

MPCS, PO

After considering objections, submissions and matters in s.178B

s.178E(3)(b)

power to amend or end the agreement in a manner that is not substantively different from the proposal

MPCS, PO

After considering objections, submissions and matters in s.178B

s.178E(3)(c)

power to amend or end the agreement in a manner that is substantively different from the proposal

MPCS, PO

After considering objections, submissions and matters in s.178B

s.178E(3)(d)

power to refuse to amend or end the agreement

MPCS, PO

After considering objections, submissions and matters in s.178B

s.178F(1)

duty to give notice of its decision under s.178E(3)(a) or (b)

MPCS, PO

s.178F(2)

duty to give notice of its decision under s.178E(2)(c) or (3)(d)

MPCS, PO

s.178F(4)

duty not to proceed to amend or end an agreement under s.178E until at least 21 days after notice has been given or until an application for review to the Tribunal has been determined or withdrawn

MPCS, PO

s.178G

duty to sign amended agreement and give copy to each other party to the agreement

MPCS, PO

s.178H

power to require a person who applies to amend or end an agreement to pay the costs of giving notices and preparing the amended agreement

MPCS, PO

s.178I(3)

duty to notify, in writing, each party to the agreement of the ending of the agreement relating to Crown land

MPCS, PO

s.179(2)

duty to make available for inspection copy agreement

MPCS, PO

s.181

duty to apply to the Registrar of Titles to record the agreement and to deliver a memorial to Registrar-General

MPCS, PO

s.181(1A)(a)

power to apply to the Registrar of Titles to record the agreement

MPCS, PO

s.181(1A)(b)

duty to apply to the Registrar of Titles, without delay, to record the agreement

MPCS, PO

s.182

power to enforce an agreement

CEO, MPCS, PO

s.183

duty to tell Registrar of Titles of ending/amendment of agreement

MPCS, PO

s.184F(1)

power to decide to amend or end an agreement at any time after an application for review of the failure of Council to make a decision

MPCS, PO

s.184F(2)

duty not to amend or end the agreement or give notice of the decision after an application is made to VCAT for review of a failure to amend or end an agreement

MPCS, PO

s.184F(3)

duty to inform the principal registrar if the responsible authority decides to amend or end an agreement after an application is made for the review of its failure to end or amend the agreement

MPCS, PO

s.184F(5)

function of receiving advice from the principal registrar that the agreement may be amended or ended in accordance with Council's decision

MPCS, PO

s.184G(2)

duty to comply with a direction of the Tribunal

MPCS, PO

s.184G(3)

duty to give notice as directed by the Tribunal

MPCS, PO

s.198(1)

function to receive application for planning certificate

MPCS, PO

s.199(1)

duty to give planning certificate to applicant

MPCS, PO

s.201(1)

function of receiving application for declaration of underlying zoning

MPCS, PO

s.201(3)

duty to make declaration

MPCS, PO

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

CEO, MPCS, PO

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

CEO, MPCS, PO

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

CEO, MPCS, PO

power to give written authorisation in accordance with a provision of a planning scheme

CEO, MPCS, PO

s.201UAB(1)

function of providing the Growth Areas Authority with information relating to any land within municipal district

MPCS, PO

s.201UAB(2)

duty to provide the Growth Areas Authority with information requested under subsection (1) as soon as possible

MPCS, PO

Provision

Item Delegated

Delegate

Conditions and Limitations

s.33

duty to comply with a direction of the Safety Director under this section

SAE, CW, CAPD, DWTS

where council is a utility under section 3

s.33A

duty to comply with a direction of the Safety Director to give effect to arrangements under this section

SAE, CW, CAPD, DWTS

duty of council as a road authority under the Road Management Act 2004

s.34

duty to comply with a direction of the Safety Director to alter, demolish or take away works carried out contrary to a direction under section 33(1)

SAE, CW, CAPD, DWTS

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 authority

s.34D(1)

function of working in conjunction with rail infrastructure manager in determining whether risks to safety need to be managed

SAE, CAPD, DWTS

where council is the relevant road authority

s.34D(2)

function of receiving written notice of opinion

CEO, DWTS

where council is the relevant road authority

s.34D(4)

function of entering into safety interface agreement with infrastructure manager

CEO

where council is the relevant road authority

s.34E(1)(a)

duty to identify and assess risks to safety

CEO, SAE, CW, CAPD, DWTS

where council is the relevant road authority

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, DWTS

where council is the relevant road authority

s.34E(3)

duty to seek to enter into a safety interface agreement with rail infrastructure manager

CEO, DWTS

where council is the relevant road authority

s.34F(1)(a)

duty to identify and assess risks to safety, if written notice has been received under section 34D(2)(a)

CEO, SAE, CW, CAPD, DWTS

where council is the relevant road authority

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, DWTS

where council is the relevant road authority

s.34F(2)

duty to seek to enter into a safety interface agreement with rail infrastructure manager

CEO

where council is the relevant road authority

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, DWTS

where council is the relevant road authority

s.34I

function of entering into safety interface agreements

CEO

where council is the relevant road authority

s.34J(2)

function of receiving notice from Safety Director

CEO, DWTS

where council is the relevant road authority

s.34J(7)

duty to comply with a direction of the Safety Director given under section 34J(5)

CEO, DWTS

where council is the relevant road authority

s.34K(2)

duty to maintain a register of items set out in subsections (a)-(b)

CEO, SAE, CAPD, DWTS

where council is the relevant road authority

Provision

Item Delegated

Delegate

Conditions and 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

s. 142G(2)

power to enter certain information in the Rooming House Register

EHO

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

s.252

power to give tenant a notice to vacate rented premises if subsection (1) applies

EHO, MPCS

where council is the landlord

s.262(1)

power to give tenant a notice to vacate rented premises

EHO, MPCS

where council is the landlord

s.262(3)

power to publish its criteria for eligibility for the provision of housing by council

CEO, MPCS

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

MPCS

s.525(2)

power to authorise an officer to exercise powers in section 526 (either generally or in a particular case)

CEO

s.525(4)

duty to issue identity card to authorised officers

CEO

s.526(5)

duty to keep record of entry by authorised officer under section 526

MPCS

s.526A(3)

function of receiving report of inspection

MPCS

s.527

power to authorise a person to institute proceedings (either generally or in a particular case)

CEO

Provision

Item Delegated

Delegate

Conditions and Limitations

s.11(1)

power to declare a road by publishing a notice in the Government Gazette

SAE, CAPD, DWTS

obtain consent in circumstances specified in section 11(2)

In consultation with CEO and Council

s.11(8)

power to name a road or change the name of a road by publishing notice in Government Gazette

SAE, CAPD, DWTS

In consultation with Council

s.11(9)(b)

duty to advise Registrar

SAE, CAPD, DWTS

s.11(10)

duty to inform Secretary to Department of Environment, Land, Water and Planning of declaration etc.

CEO, DWTS

clause subject to section 11(10A)

s.11(10A)

duty to inform Secretary to Department of Environment, Land, Water and Planning or nominated person

CEO, DWTS

where council is the coordinating road authority

s.12(2)

power to discontinue road or part of a road

CEO, DWTS

were council is the coordinating road authority

s.12(4)

power to publish, and provide copy, notice of proposed discontinuance

SAE, CAPD, DWTS

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

SAE, CAPD, DWTS

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

SAE, CAPD, DWTS

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

CEO, DWTS

duty of coordinating road authority where it is the discontinuing body
unless subsection (11) applies

s.12(10)

duty to notify of decision made

SAE, CAPD, DWTS

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 of a road by publishing notice in Government Gazette

SAE, CAPD, DWTS

power of coordinating road authority and obtain consent under section 13(3) and section 13(4) as appropriate

s.14(4)

function of receiving notice from VicRoads

SAE, CAPD, DWTS

s.14(7)

power to appeal against decision of VicRoads

DWTS

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

SAE, CAPD, DWTS

s.15(1A)

power to enter into arrangement with a utility to transfer a road management function of the utility to the road authority

SAE, CAPD, DWTS

s.15(2)

duty to include details of arrangement in public roads register

SAE, CAPD, DWTS

s.16(7)

power to enter into an arrangement under section 15

SAE, CAPD, DWTS

s.16(8)

duty to enter details of determination in public roads register

SAE, CAPD, DWTS

s.17(2)

duty to register public road in public roads register

SAE, CAPD, DWTS

where council is the coordinating road authority

s.17(3)

power to decide that a road is reasonably required for general public use

SAE, CAPD, DWTS

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

SAE, CAPD, DWTS

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

SAE, CAPD, DWTS

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

SAE, CAPD, DWTS

where council is the coordinating road authority

s.18(1)

power to designate ancillary area

SAE, CAPD, DWTS

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

SAE, CAPD, DWTS

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

SAE, CAPD, DWTS

s.19(4)

duty to specify details of discontinuance in public roads register

SAE, CAPD, DWTS

s.19(5)

duty to ensure public roads register is available for public inspection

SAE, CAPD, DWTS

s.21

function of replying to request for information or advice

SAE, CAPD, DWTS

obtain consent in circumstances specified in section 11(2)

s.22(2)

function of commenting on proposed direction

SAE, CAPD, DWTS

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, DWTS

s.40(1)

duty to inspect, maintain and repair a public road.

CW, DWTS

s.40(5)

power to inspect, maintain and repair a road which is not a public road

CW, DWTS

s.41(1)

power to determine the standard of construction, inspection, maintenance and repair

CW, DWTS

s.42(1)

power to declare a public road as a controlled access road

SAE, CAPD, DWTS

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

SAE, CAPD, DWTS

power of coordinating road authority and Schedule 2 also applies

s.42A(3)

duty to consult with VicRoads before road is specified

SAE, CAPD, DWTS

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

SAE, CAPD, DWTS

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)

SAE, CAPD, DWTS

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 relevant authority of the location of the bus stopping point and the action taken by council

DWTS

s.49

power to develop and publish a road management plan

CEO, DWTS

s.51

power to determine standards by incorporating the standards in a road management plan

CEO, DWTS

s.53(2)

power to cause notice to be published in Government Gazette of amendment etc of document in road management plan

SAE, CAPD, DWTS

s.54(2)

duty to give notice of proposal to make a road management plan

SAE, CAPD, DWTS

s.54(5)

duty to conduct a review of road management plan at prescribed intervals

SAE, CAPD, DWTS

s.54(6)

power to amend road management plan

CEO, DWTS

Subject to Council resolution

s.54(7)

duty to incorporate the amendments into the road management plan

CEO, DWTS

s.55(1)

duty to cause notice of road management plan to be published in Government Gazette and newspaper

SAE, CAPD, DWTS

s.63(1)

power to consent to conduct of works on road

SAE, CAPD, DWTS

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

SAE, CAPD, DWTS

where council is the infrastructure manager

s.64(1)

duty to comply with clause 13 of Schedule 7

SAE, CAPD, DWTS

where council is the infrastructure manager or works manager

s.66(1)

power to consent to structure etc

SAE, CAPD, DWTS

where council is the coordinating road authority

s.67(2)

function of receiving the name & address of the person responsible for distributing the sign or bill

SAE, CAPD, DWTS

where council is the coordinating road authority

s.67(3)

power to request information

SAE, CAPD, DWTS

where council is the coordinating road authority

s.68(2)

power to request information

SAE, CAPD, DWTS

where council is the coordinating road authority

s.71(3)

power to appoint an authorised officer

SAE, CAPD, DWTS

s.72

duty to issue an identity card to each authorised officer

SAE, CAPD, DWTS

s.85

function of receiving report from authorised officer

CEO, SAE, CAPD, DWTS

s.86

duty to keep register re section 85 matters

SAE, CAPD, DWTS

s.87(1)

function of receiving complaints

CEO, SAE, CAPD, DWTS

s.87(2)

duty to investigate complaint and provide report

SAE, CAPD, DWTS

s.112(2)

power to recover damages in court

CEO

s.116

power to cause or carry out inspection

SAE, CW, CAPD, DWTS

s.119(2)

function of consulting with VicRoads

CEO, DWTS

s.120(1)

power to exercise road management functions on an arterial road (with the consent of VicRoads)

DWTS

s.120(2)

duty to seek consent of VicRoads to exercise road management functions before exercising power in section 120(1)

DWTS

s.121(1)

power to enter into an agreement in respect of works

SAE, CW, CAPD, DWTS

s.122(1)

power to charge and recover fees

CEO, DWTS

s.123(1)

power to charge for any service

CEO, DWTS

Schedule 2 Clause 2(1)

power to make a decision in respect of controlled access roads

SAE, CAPD, DWTS

Schedule 2 Clause 3(1)

duty to make policy about controlled access roads

SAE, CAPD, DWTS

Schedule 2 Clause 3(2)

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

DWTS

Schedule 2 Clause 4

function of receiving details of proposal from VicRoads

CEO, DWTS

Schedule 2 Clause 5

duty to publish notice of declaration

SAE, CAPD, DWTS

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

SAE, CAPD, DWTS

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

SAE, CAPD, DWTS

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

SAE, CW, CAPD, DWTS

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

SAE, CW, CAPD, DWTS

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

SAE, CW, CAPD, DWTS

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

SAE, CW, CAPD, DWTS

where council is the coordinating road authority

Schedule 7 Clause 12(3)

power to take measures to ensure reinstatement works are completed

SAE, CW, CAPD, DWTS

where council is the coordinating road authority

Schedule 7 Clause 12(4)

duty to ensure that works are conducted by an appropriately qualified person

SAE, CW, CAPD, DWTS

where council is the coordinating road authority

Schedule 7 Clause 12(5)

power to recover costs

SAE, CW, CAPD, DWTS

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)

SAE, CW, CAPD, DWTS

where council is the works manager

Schedule 7 Clause 13(2)

power to vary notice period

SAE, CAPD, DWTS

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)

SAE, CW, CAPD, DWTS

where council is the infrastructure manager

Schedule 7 Clause 16(1)

power to consent to proposed works

SAE, CW, CAPD, DWTS

where council is the coordinating road authority

Schedule 7 Clause 16(4)

duty to consult

CEO, SAE, CAPD, DWTS

where council is the coordinating road authority, responsible authority or infrastructure manager

Schedule 7 Clause 16(5)

power to consent to proposed works

CEO, SAE, CAPD, DWTS

where council is the coordinating road authority

Schedule 7 Clause 16(6)

power to set reasonable conditions on consent

CEO, SAE, CAPD, DWTS

where council is the coordinating road authority

Schedule 7 Clause 16(8)

power to include consents and conditions

CEO, SAE, CAPD, DWTS

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

SAE, CAPD, DWTS

where council is the coordinating road authority

Schedule 7 Clause 18(1)

power to enter into an agreement

DWTS

where council is the coordinating road authority

Schedule 7 Clause 19(1)

power to give notice requiring rectification of works

SAE, CAPD, DWTS

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, DWTS

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

DWTS

where council is the coordinating road authority

Schedule 7A Clause 2

power to cause street lights to be installed on roads

SAE, CAPD, DWTS

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

SAE, CW, CAPD, DWTS

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

SAE, CW, CAPD, DWTS

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

SAE, CW, CAPD, DWTS

duty of council as responsible road authority that installed the light (re: installation costs) and where council is relevant municipal council (re: operating costs)

Provision

Item Delegated

Delegate

Conditions and Limitations

r.6

function of receiving notice, under section 19(1)(c) of the Act, from a planning authority of its preparation of an amendment to a planning scheme

MPCS

where Council is not the planning authority and the amendment affects land within Council's municipal district; or
where the amendment will amend the planning scheme to designate Council as an acquiring authority.

r.21

power of responsible authority to require a permit applicant to verify information (by statutory declaration or other written confirmation satisfactory to the responsible authority) in an application for a permit or to amend a permit or any information provided under section 54 of the Act

MPCS

r.25(a)

duty to make copy of matter considered under section 60(1A)(g) available for inspection free of charge

MPCS

where Council is the responsible authority

r.25(b))

function of receiving a copy of any document considered under section 60(1A)(g) by the responsible authority and duty to make the document available for inspection free of charge

MPCS

where Council is not the responsible authority but the relevant land is within Council's municipal district

r.42

function of receiving notice under section 96C(1)(c) of the Act from a planning authority of its preparation of a combined application for an amendment to a planning scheme and notice of a permit application

MPCS

where Council is not the planning authority and the amendment affects land within Council's municipal district; or
where the amendment will amend the planning scheme to designate Council as an acquiring authority.

Provision

Item Delegated

Delegate

Conditions and Limitations

r.16

power to waive or rebate a fee other than a fee relating to an amendment to a planning scheme

CEO, MPCS

r.17

power to waive or rebate a fee relating to an amendment of a planning scheme

CEO, MPCS

r.18

duty to record matters taken into account and which formed the basis of a decision to waive or rebate a fee under r.16 or 17

CEO, MPCS

Provision

Item Delegated

Delegate

Conditions and Limitations

r.7

function of entering into a written agreement with a caravan park owner

CEO

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(2)

power to refuse to renew the registration if not 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, MPCS

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.22A(1)

duty to notify a caravan park owner of the relevant emergency services agencies for the caravan park, on the request of the caravan park owner

EHO

r.22A(2)

duty to consult with relevant emergency services agencies

EHO

r.23

power to determine places in which caravan park owner must display a copy of emergency procedures

EHO

r.24

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, MPCS

r.26

duty to have regard to any report of the relevant fire authority

EHO, MPCS

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

Provision

Item Delegated

Delegate

Conditions and Limitations

r.8(1)

duty to conduct reviews of road management plan

DWTS

r.9(2)

duty to produce written report of review of road management plan and make report available

DWTS

r.9(3)

Duty to give notice where road management review is completed and no amendments will be made (or no amendments for which notice is required)

DWTS

where council is the coordinating road authority

r.10

duty to give notice of amendment which relates to standard of construction, inspection, maintenance or repair under section 41 of the Act

DWTS

r.13(1)

Duty to publish notice of amendments to road management plan

DWTS

where council is the coordinating road authority

r.13(3)

duty to record on road management plan the substance and date of effect of amendment

DWTS

r.16(3)

power to issue permit

DWTS

where council is the coordinating road authority