Agenda of Ordinary Meeting - 11 October 2017

Permit No.	Address	Project Description	Date Approved
20170052	29 Sproats Lane, DONALD	New Building: Chemical Storage Facility	31/08/2017
20170053	8 Arundell Square, CHARLTON	New Building: Garage	31/08/2017
20170054	23 Morrison Street, BIRCHIP	Extension: Carport & Verandah	31/08/2017
20170055	1550A Birchip-Wycheproof Road, NARRAPORT	New Building: Machinery Shed	31/08/2017
20170056	54 Tower Road, DONALD	New Building: Machinery Storage	05/09/2017
20170057	22 King Street, BIRCHIP	New Building: Shed	05/09/2017
20170058	614 Culgoa-Lalbert Road, CULGOA	New Building: Hay Shed	14/09/2017
20170059	376 Mills Road, WHIRILY	New Building: Pig Grower Shed/Animal Husbandry	14/09/2017
20170060	941 Gretgrix Road, TEDDYWADDY EAST	Other: Swimming Pool & Safety Barrier	14/09/2017
20170066	1597 Curyo West Road, CURYO	New Building: Hay Shed	21/09/2017

Permit No.

Address

Project Description

Date Approved

20170052

29 Sproats Lane, DONALD

New Building: Chemical Storage Facility

31/08/2017

20170053

8 Arundell Square, CHARLTON

New Building: Garage

31/08/2017

20170054

23 Morrison Street, BIRCHIP

Extension: Carport & Verandah

31/08/2017

20170055

1550A Birchip-Wycheproof Road, NARRAPORT

New Building: Machinery Shed

31/08/2017

20170056

54 Tower Road, DONALD

New Building: Machinery Storage

05/09/2017

20170057

22 King Street, BIRCHIP

New Building: Shed

05/09/2017

20170058

614 Culgoa-Lalbert Road, CULGOA

New Building: Hay Shed

14/09/2017

20170059

376 Mills Road, WHIRILY

New Building: Pig Grower Shed/Animal Husbandry

14/09/2017

20170060

941 Gretgrix Road, TEDDYWADDY EAST

Other: Swimming Pool & Safety Barrier

14/09/2017

20170066

1597 Curyo West Road, CURYO

New Building: Hay Shed

21/09/2017

Permit No.

Address

Project Description

Date Approved

20170061

2 Athol Court, DONALD

New Building: Shed

12/07/2017

20170062

5-7 Elderslie Street, SEALAKE

Alterations: Re Stump Part of Dwelling

19/09/2017

20170063

601 Nullawil Lalbert Road, KALPIENUNG

New Building: Hay Shed

20/09/2017

20170064

301 Bowds Road,

SEA LAKE

Extension: Shed

23/08/2017

20170065

51 Houston Street, DONALD

New Building: Dwelling & Garage

14/09/2017

Buloke Shire Council Ordinary Meeting Wednesday, 11 October 2017

8.2.7 Review of Instrument of Delegation

Attachment 1 S6 - Instrument of Delegation

S6 Instrument of Delegation - Members of Staff

Domestic Animals Act 1994
Provision	Item Delegated	Delegate	Conditions and Limitations
s.41A(1)	power to declare a dog to be a menacing dog	CEO, CTL, MSS	Council may delegate this power to an authorised officer

Environment Protection Act 1970
Provision	Item Delegated	Delegate	Conditions and Limitations
s.53M(3)	power to require further information	PHO, DCD, MSS
s.53M(4)	duty to advise applicant that application is not to be dealt with	PHO, DCD, MSS
s.53M(5)	duty to approve plans, issue permit or refuse permit	CEO, CTL, PHO, DCD, MSS	refusal must be ratified by council or it is of no effect
s.53M(6)	power to refuse to issue septic tank permit	PHO, DCD, MSS	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)	PHO, DCD, MSS	refusal must be ratified by council or it is of no effect

Food Act 1984
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	PHO, MSS	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	PHO, MSS	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	PHO, MSS	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	PHO, DCD, MSS	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	PHO, MSS	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).	PHO, MSS	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	PHO, MSS	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	PHO, MSS	where council is the registration authority
s.19CB(4)(b)	power to request copy of records	PHO, MSS	where council is the registration authority
s.19E(1)(d)	power to request a copy of the food safety program	PHO, MSS	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	PHO, MSS	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	PHO, MSS	where council is the registration authority
s.19NA(1)	power to request food safety audit reports	PHO, MSS	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	PHO, MSS
s.19UA	power to charge fees for conducting a food safety assessment or inspection	PHO, MSS	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	PHO, MSS	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	PHO, MSS	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	PHO, MSS	where council is the registration authority
	power to register, renew or transfer registration	PHO, MSS	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	PHO, MSS	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)	PHO, MSS	where council is the registration authority
s.38A(4)	power to request a copy of a completed food safety program template	PHO, MSS	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	PHO, MSS	where council is the registration authority
s.38B(1)(b)	duty to ensure proprietor has complied with requirements of section 38A	PHO, MSS	where council is the registration authority
s.38B(2)	duty to be satisfied of the matters in section 38B(2)(a)-(b)	PHO, MSS	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	PHO, MSS	where council is the registration authority
s.38D(2)	duty to be satisfied of the matters in section 38D(2)(a)-(d)	PHO, MSS	where council is the registration authority
s.38D(3)	power to request copies of any audit reports	PHO, MSS	where council is the registration authority
s.38E(2)	power to register the food premises on a conditional basis	PHO, MSS	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	PHO, MSS	where council is the registration authority
s.38F(3)(b)	power to require proprietor to comply with requirements of this Act	PHO, MSS	where council is the registration authority
s.39A	power to register, renew or transfer food premises despite minor defects	PHO, MSS	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	PHO, MSS
s.40C(2)	power to grant or renew the registration of food premises for a period of less than 1 year	PHO, MSS	where council is the registration authority
s.40D(1)	power to suspend or revoke the registration of food premises	PHO, MSS	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	PHO, MSS	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	PHO, MSS	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, DCD	where council is the registration authority

Heritage Act 1995 Note: this Act is to be repealed on the day the Heritage Act 2017 comes into force, which is 1 November 2017, unless proclaimed earlier
Provision	Item Delegated	Delegate	Conditions and Limitations
s.84(2)	power to sub-delegate Executive Director's functions	CEO, DCD	must obtain Executive Director's written consent first.

Planning and Environment Act 1987
Provision	Item Delegated	Delegate	Conditions and Limitations
s.4B	power to prepare an amendment to the Victorian Planning Provisions	CEO, DCD, PO, MSS	if authorised by the Minister
s.4G	function of receiving prescribed documents and a copy of the Victorian Planning Provisions from the Minister	DCD, PO, MSS
s.4H	duty to make amendment to Victoria Planning Provisions available	DCD, PO, MSS
s.4I	duty to keep Victorian Planning Provisions and other documents availables	DCD, PO, MSS
s.8A(2)	power to prepare amendment to the planning scheme where the Minister has given consent under s.8A	DCD, PO, MSS
s.8A(3)	power to apply to Minister to prepare an amendment to the planning scheme	DCD, PO, MSS
s.8A(5)	function of receiving notice of the Minister's decision	DCD, PO, MSS
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	DCD, PO, MSS
s.8B(2)	power to apply to the Minister for authorisation to prepare an amendment to the planning scheme of an adjoining municipal district	DCD, PO, MSS
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, DCD, PO, MSS
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, DCD, PO, MSS
s.12B(1)	duty to review planning scheme	CEO, DCD, PO, MSS
s.12B(2)	duty to review planning scheme at direction of Minister	CEO, DCD, PO, MSS
s.12B(5)	duty to report findings of review of planning scheme to Minister without delay	DCD, PO, MSS
s.14	duties of a Responsible Authority as set out in subsections (a) to (d)	DCD, PO, MSS
s.17(1)	duty of giving copy amendment to the planning scheme	DCD, PO, MSS
s.17(2)	duty of giving copy s.173 agreement	DCD, PO, MSS
s.17(3)	duty of giving copy amendment, explanatory report and relevant documents to the Minister within 10 business days	DCD, PO, MSS
s.18	duty to make amendment etc. available	DCD, PO, MSS
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	DCD, PO, MSS
s.19	function of receiving notice of preparation of an amendment to a planning scheme	DCD, PO, MSS	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	DCD, PO, MSS
s.21(2)	duty to make submissions available	DCD, PO, MSS
s.21A(4)	duty to publish notice in accordance with section	DCD, PO, MSS
s.22	duty to consider all submissions	DCD, PO, MSS
s.23(1)(b)	duty to refer submissions which request a change to the amendment to a panel	DCD, PO, MSS
s.23(2)	power to refer to a panel submissions which do not require a change to the amendment	DCD, PO, MSS
s.24	function to represent council and present a submission at a panel hearing (including a hearing referred to in section 96D)	CEO, DCD, PO, MSS
s.26(1)	power to make report available for inspection	DCD, PO, MSS
s.26(2)	duty to keep report of panel available for inspection	DCD, PO, MSS
s.27(2)	power to apply for exemption if panel's report not received	CEO, DCD, PO, MSS
s.28	duty to notify the Minister if abandoning an amendment	CEO	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	DCD, PO, MSS
s.30(4)(b)	duty to provide information in writing upon request	DCD, PO
s.32(2)	duty to give more notice if required	DCD, PO, MSS
s.33(1)	duty to give more notice of changes to an amendment	DCD, PO, MSS
s.36(2)	duty to give notice of approval of amendment	CEO, DCD, PO, MSS
s.38(5)	duty to give notice of revocation of an amendment	CEO, DCD, PO, MSS
s.39	function of being a party to a proceeding commenced under section 39 and duty to comply with determination by VCAT	CEO, DCD, PO, MSS
s.40(1)	function of lodging copy of approved amendment	CEO, DCD, PO, MSS
s.41	duty to make approved amendment available	DCD, PO, MSS
s.42	duty to make copy of planning scheme available	DCD, PO, MSS
s.46AS(ac)	power to request the Victorian Planning Authority to provide advice on any matter relating to land in Victoria or an objective of planning in Victoria	DCD, PO, MSS
s.46GF	duty to comply with directions issued by the Minister	DCD
s.46GG	duty to include a condition in a permit relating to matters set out in s.46GG(c) and (d)	DCD
s.46GH(1)	power to require the payment of an amount of infrastructure levy to be secured to Council's satisfaction	DCD	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	DCD	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	DCD	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	DCD	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	DCD
s.46GI(3)	duty to apply levy amount only in accordance with s.46GI(3) (a) and (b)	DCD
s.46GI(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.	DCD
s.46GL	power to recover any amount of infrastructure levy as a debt due to Council	DCD	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, DCD, PO, MSS
s.46N(2)(c)	function of determining time and manner for receipt of development contributions levy	CEO, DCD, PO, MSS
s.46N(2)(d)	power to enter into an agreement with the applicant regarding payment of development infrastructure levy	CEO, DCD, PO, MSS
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, DCD, PO, MSS
s.46O(1)(d) & (2)(d)	power to enter into agreement with the applicant regarding payment of community infrastructure levy	CEO, DCD, PO, MSS
s.46P(1)	power to require payment of amount of levy under section 46N or section 46O to be satisfactorily secured	CEO, DCD, PO, MSS
s.46P(2)	power to accept provision of land, works, services or facilities in part or full payment of levy payable	CEO, DCD, PO, MSS
s.46Q(1)	duty to keep proper accounts of levies paid	DCS, DCD, PO, MSS
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, DCD, PO, MSS
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, DCD, PO, MSS	must be done in accordance with Part 3
s.46Q(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	DCD, PO, MSS
s.46Y	duty to carry out works in conformity with the approved strategy plan	DCD, PO, MSS
s.47	power to decide that an application for a planning permit does not comply with that Act	CEO, DCD, PO, MSS
s.49(1)	duty to keep a register of all applications for permits and determinations relating to permits	DCD, PO, MSS
s.49(2)	duty to make register available for inspection	DCD, PO, MSS
s.50(4)	duty to amend application	DCD, PO, MSS
s.50(5)	power to refuse to amend application	DCD, PO, MSS
s.50(6)	duty to make note of amendment to application in register	DCD, PO, MSS
s.50A(1)	power to make amendment to application	DCD, PO, MSS
s.50A(3)	power to require applicant to notify owner and make a declaration that notice has been given	DCD, PO, MSS
s.50A(4)	duty to note amendment to application in register	DCD, PO, MSS
s.51	duty to make copy of application available for inspection	DCD, PO, MSS
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	DCD, PO, MSS
s.52(1)(b)	duty to give notice of the application to other municipal councils where appropriate	DCD, PO, MSS
s.52(1)(c)	duty to give notice of the application to all persons required by the planning scheme	DCD, PO, MSS
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	DCD, PO, MSS
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	DCD, PO, MSS
s.52(1)(d)	duty to give notice of the application to other persons who may be detrimentally effected	DCD, PO, MSS
s.52(1AA)	duty to give notice of an application to remove or vary a registered restrictive covenant	DCD, PO, MSS
s.52(3)	power to give any further notice of an application where appropriate	CEO, DCD, PO, MSS
s.53(1)	power to require the applicant to give notice under section 52(1) to persons specified by it	DCD, PO, MSS
s.53(1A)	power to require the applicant to give the notice under section 52(1AA)	DCD, PO, MSS
s.54(1)	power to require the applicant to provide more information	DCD, PO, MSS
s.54(1A)	duty to give notice in writing of information required under section 54(1)	DCD, PO, MSS
s.54(1B)	duty to specify the lapse date for an application	DCD, PO, MSS
s.54A(3)	power to decide to extend time or refuse to extend time to give required information	DCD, PO, MSS
s.54A(4)	duty to give written notice of decision to extend or refuse to extend time und section 54A(3)	DCD, PO, MSS
s.55(1)	duty to give copy application, together with the prescribed information, to every referral authority specified in the planning scheme	DCD, PO, MSS
s.57(2A)	power to reject objections considered made primarily for commercial advantage for the objector	CEO, DCD, PO, MSS
s.57(3)	function of receiving name and address of persons to whom notice of decision is to go	DCD, PO, MSS
s.57(5)	duty to make available for inspection copy of all objections	DCD, PO, MSS
s.57A(4)	duty to amend application in accordance with applicant's request, subject to section 57A(5)	DCD, PO, MSS
s.57A(5)	power to refuse to amend application	DCD, PO, MSS
s.57A(6)	duty to note amendments to application in register	DCD, PO, MSS
s.57B(1)	duty to determine whether and to whom notice should be given	DCD, PO, MSS
s.57B(2)	duty to consider certain matters in determining whether notice should be given	DCD, PO, MSS
s.57C(1)	duty to give copy of amended application to referral authority	DCD, PO, MSS
s.58	duty to consider every application for a permit	DCD, PO, MSS
s.58A	power to request advice from the Planning Application Committee	DCD, PO, MSS
s.60	duty to consider certain matters	DCD, PO, MSS
s.60(1A)	power to consider certain matters before deciding on application	DCD, PO, MSS
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	DCD, PO, MSS	the permit must not be inconsistent with a cultural heritage management plan under the Aboriginal Heritage Act 2006
s.61(2)	duty to decide to refuse to grant a permit if a relevant determining referral authority objects to grant of permit	DCD, PO, MSS
s.61(2A)	power to decide to refuse to grant a permit if a relevant recommending referral authority objects to the grant of permit	DCD, PO, MSS
s.61(3)(a)	duty not to decide to grant a permit to use coastal Crown land without Minister's consent	DCD, PO, MSS
s.61(3)(b)	duty to refuse to grant the permit without the Minister's consent	CEO, DCD, PO, MSS
s.61(4)	duty to refuse to grant the permit if grant would authorise a breach of a registered restrictive covenant	CEO, DCD, PO, MSS
s.62(1)	duty to include certain conditions in deciding to grant a permit	DCD, PO, MSS
s.62(2)	power to include other conditions	DCD, PO, MSS
s.62(4)	duty to ensure conditions are consistent with paragraphs (a),(b) and (c)	DCD, PO, MSS
s.62(5)(a)	power to include a permit condition to implement an approved development contributions plan	DCD, PO, MSS
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	DCD, PO, MSS
s.62(5)(c)	power to include a permit condition that specified works be provided or paid for by the applicant	DCD, PO, MSS
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	DCD, PO, MSS
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)	DCD, PO, MSS
s.63	duty to issue the permit where made a decision in favour of the application (if no one has objected)	DCD, PO, MSS
s.64(1)	duty to give notice of decision to grant a permit to applicant and objectors	DCD, PO, MSS	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	DCD, PO, MSS	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	DCD, PO, MSS	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	DCD, PO, MSS	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	DCD, PO, MSS
s.66(1)	duty to give notice under section 64 or section 65 and copy permit to relevant determining referral authorities	DCD, PO, MSS
s.66(2)	duty to give a recommending referral authority notice of its decision to grant a permit	DCD, PO, MSS	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	DCD, PO, MSS	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	DCD, PO, MSS	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	DCD, PO, MSS
s.69(1A)	function of receiving application for extension of time to complete development	DCD, PO, MSS
s.69(2)	power to extend time	DCD, PO, MSS
s.70	duty to make copy permit available for inspection	DCD, PO, MSS
s.71(1)	power to correct certain mistakes	DCD, PO, MSS
s.71(2)	duty to note corrections in register	DCD, PO, MSS
s.73	power to decide to grant amendment subject to conditions	DCD, PO, MSS
s.74	duty to issue amended permit to applicant if no objectors	DCD, PO, MSS
s.76	duty to give applicant and objectors notice of decision to refuse to grant amendment to permit	DCD, PO, MSS
s.76A(1)	duty to give relevant determining referral authorities copy of amended permit and copy of notice	DCD, PO, MSS
s.76A(2)	duty to give a recommending referral authority notice of its decision to grant an amendment to a permit	DCD, PO, MSS	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	DCD, PO, MSS	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	DCD, PO, MSS	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, DCD, PO, MSS
s.83	function of being respondent to an appeal	CEO, DCD, PO, MSS
s.83B	duty to give or publish notice of application for review	DCD, PO, MSS
s.84(1)	power to decide on an application at any time after an appeal is lodged against failure to grant a permit	DCD, PO, MSS
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	DCD, PO, MSS
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	DCD, PO, MSS
s.84(6)	duty to issue permit on receipt of advice within 3 working days	DCD, PO, MSS
s.86	duty to issue a permit at order of Tribunal within 3 working days	DCD, PO, MSS
s.87(3)	power to apply to VCAT for the cancellation or amendment of a permit	CEO, DCD, PO, MSS
s.90(1)	function of being heard at hearing of request for cancellation or amendment of a permit	CEO, DCD, PO, MSS
s.91(2)	duty to comply with the directions of VCAT	CEO, DCD, PO, MSS
s.91(2A)	duty to issue amended permit to owner if Tribunal so directs	DCD, PO, MSS
s.92	duty to give notice of cancellation/amendment of permit by VCAT to persons entitled to be heard under section 90	DCD, PO, MSS
s.93(2)	duty to give notice of VCAT order to stop development	DCD, PO, MSS
s.95(3)	function of referring certain applications to the Minister	CEO, DCD, PO, MSS
s.95(4)	duty to comply with an order or direction	CEO, DCD, PO, MSS
s.96(1)	duty to obtain a permit from the Minister to use and develop its land	CEO, DCD, PO, MSS
s.96(2)	function of giving consent to other persons to apply to the Minister for a permit to use and develop Council land	DCD, PO, MSS
s.96A(2)	power to agree to consider an application for permit concurrently with preparation of proposed amendment	DCD, PO, MSS
s.96C	power to give notice, to decide not to give notice, to publish notice and to exercise any other power under section 96C	DCD, PO, MSS
s.96F	duty to consider the panel's report under section 96E	CEO, DCD, PO, MSS
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, DCD, PO, MSS
s.96H(3)	power to give notice in compliance with Minister's direction	DCD, PO, MSS
s.96J	power to issue permit as directed by the Minister	DCD, PO, MSS
s.96K	duty to comply with direction of the Minister to give notice of refusal	DCD, PO, MSS
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	DCD, PO, MSS
s.97C	power to request Minister to decide the application	DCD, PO, MSS
s.97D(1)	duty to comply with directions of Minister to supply any document or assistance relating to application	DCD, PO, MSS
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, DCD, PO, MSS
s.97G(6)	duty to make a copy of permits issued under section 97F available for inspection	DCD, PO, MSS
s.97L	duty to include Ministerial decisions in a register kept under section 49	DCD, PO, MSS
s.97MH	duty to provide information or assistance to the Planning Application Committee	DCD, PO, MSS
s.97MI	duty to contribute to the costs of the Planning Application Committee or subcommittee	DCD, PO, MSS
s.97O	duty to consider application and issue or refuse to issue certificate of compliance	DCD, PO, MSS
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, DCD, PO, MSS
s.97Q(2)	function of being heard by VCAT at hearing of request for amendment or cancellation of certificate	DCD, PO, MSS
s.97Q(4)	duty to comply with directions of VCAT	DCD, PO, MSS
s.97R	duty to keep register of all applications for certificate of compliance and related decisions	DCD, PO, MSS
s.98(1)&(2)	function of receiving claim for compensation in certain circumstances	DCD, PO, MSS
s.98(4)	duty to inform any person of the name of the person from whom compensation can be claimed	DCD, PO, MSS
s.101	function of receiving claim for expenses in conjunction with claim	DCD, PO, MSS
s.103	power to reject a claim for compensation in certain circumstances	DCD, PO, MSS
s.107(1)	function of receiving claim for compensation	DCD, PO, MSS
s.107(3)	power to agree to extend time for making claim	CEO, DCD, PO, MSS
s.114(1)	power to apply to the VCAT for an enforcement order	CEO, DCD, PO, MSS
s.117(1)(a)	function of making a submission to the VCAT where objections are received	CEO, DCD, PO, MSS
s.120(1)	power to apply for an interim enforcement order where section 114 application has been made	CEO, DCD, PO, MSS
s.123(1)	power to carry out work required by enforcement order and recover costs	DCD, PO, MSS
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	DCD, PO, MSS
s.130(5)	power to allow person served with an infringement notice further time	DCD, PO, MSS
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	DCD, PO, MSS
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)	DCD, PO, MSS	where council is the relevant planning authority
s.171(2)(f)	power to carry out studies and commission reports	CEO, DCD, PO, MSS
s.171(2)(g)	power to grant and reserve easements	CEO, DCD, PO, MSS
s.173	power to enter into agreement covering matters set out in section 174	CEO, DCD, PO, MSS
	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, DCD, PO, MSS
	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, DCD, PO, MSS
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, DCD, PO, MSS
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, DCD, PO, MSS
s.178A(1)	function of receiving application to amend or end an agreement	DCD, PO, MSS
s.178A(3)	function of notifying the owner as to whether it agrees in principle to the proposal under s.178A(1)	DCD, PO, MSS
s.178A(4)	function of notifying the applicant and the owner as to whether it agrees in principle to the proposal	DCD, PO, MSS
s.178A(5)	power to propose to amend or end an agreement	DCD, PO, MSS
s.178B(1)	duty to consider certain matters when considering proposal to amend an agreement	DCD, PO, MSS
s.178B(2)	duty to consider certain matters when considering proposal to end an agreement	DCD, PO, MSS
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	DCD, PO, MSS
s.178C(4)	function of determining how to give notice under s.178C(2)	DCD, PO, MSS
s.178E(1)	duty not to make decision until after 14 days after notice has been given	DCD, PO, MSS
s.178E(2)(a)	power to amend or end the agreement in accordance with the proposal	DCD, PO, MSS	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	DCD, PO, MSS	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	DCD, PO, MSS	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	DCD, PO, MSS	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	DCD, PO, MSS	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	DCD, PO, MSS	After considering objections, submissions and matters in s.178B
s.178E(3)(d)	power to refuse to amend or end the agreement	DCD, PO, MSS	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)	DCD, PO, MSS
s.178F(2)	duty to give notice of its decision under s.178E(2)(c) or (3)(d)	DCD, PO, MSS
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	DCD, PO, MSS
s.178G	duty to sign amended agreement and give copy to each other party to the agreement	DCD, PO, MSS
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	DCD, PO, MSS
s.178I(3)	duty to notify, in writing, each party to the agreement of the ending of the agreement relating to Crown land	DCD, PO, MSS
s.179(2)	duty to make available for inspection copy agreement	DCD, PO, MSS
s.181	duty to apply to the Registrar of Titles to record the agreement and to deliver a memorial to Registrar-General	DCD, PO, MSS
s.181(1A)(a)	power to apply to the Registrar of Titles to record the agreement	DCD, PO, MSS
s.181(1A)(b)	duty to apply to the Registrar of Titles, without delay, to record the agreement	DCD, PO, MSS
s.182	power to enforce an agreement	CEO, DCD, PO, MSS
s.183	duty to tell Registrar of Titles of ending/amendment of agreement	DCD, PO, MSS
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	DCD, PO, MSS
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	DCD, PO, MSS
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	DCD, PO, MSS
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	DCD, PO, MSS
s.184G(2)	duty to comply with a direction of the Tribunal	DCD, PO, MSS
s.184G(3)	duty to give notice as directed by the Tribunal	DCD, PO, MSS
s.198(1)	function to receive application for planning certificate	DCD, PO, MSS
s.199(1)	duty to give planning certificate to applicant	DCD, PO, MSS
s.201(1)	function of receiving application for declaration of underlying zoning	DCD, PO, MSS
s.201(3)	duty to make declaration	DCD, PO, MSS
	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, DCD, PO, MSS
	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, DCD, PO, MSS
	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, DCD, PO, MSS
	power to give written authorisation in accordance with a provision of a planning scheme	CEO, DCD, PO, MSS
s.201UAB(1)	function of providing the Victoria Planning Authority with information relating to any land within municipal district	DCD, PO, MSS
s.201UAB(2)	duty to provide the Victoria Planning Authority with information requested under subsection (1) as soon as possible	DCD, PO, MSS

Rail Safety (Local Operations) Act 2006
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

Residential Tenancies Act 1997
Provision	Item Delegated	Delegate	Conditions and Limitations
s.142D	function of receiving notice regarding an unregistered rooming house	PHO, MSS
s.142G(1)	duty to enter required information in Rooming House Register for each rooming house in municipal district	PHO, MSS
s.142G(2)	power to enter certain information in the Rooming House Register	PHO, MSS
s.142I(2)	power to amend or revoke an entry in the Rooming House Register if necessary to maintain the accuracy of the entry	PHO, MSS
s.252	power to give tenant a notice to vacate rented premises if subsection (1) applies	PHO, DCD, MSS	where council is the landlord
s.262(1)	power to give tenant a notice to vacate rented premises	PHO, DCD, MSS	where council is the landlord
s.262(3)	power to publish its criteria for eligibility for the provision of housing by council	CEO, DCD
s.518F	power to issue notice to caravan park regarding emergency management plan if determined that the plan does not comply with the requirements	PHO, MSS
s.522(1)	power to give a compliance notice to a person	DCD
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	DCD
s.526A(3)	function of receiving report of inspection	DCD
s.527	power to authorise a person to institute proceedings (either generally or in a particular case)	CEO

Road Management Act 2004
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 relevant authority 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)

Planning and Environment Regulations 2015
Provision	Item 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	DCD
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	DCD	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	DCD
r.25(a)	duty to make copy of matter considered under section 60(1A)(g) available for inspection free of charge	DCD	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	DCD	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	DCD	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.55	duty of responsible authority to tell Registrar of Titles under section 183 of the Act of the cancellation or amendment of an agreement	DCD

Planning and Environment (Fees) Regulations 2016
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, DCD
r.19	power to waive or rebate a fee relating to an amendment of a planning scheme	CEO, DCD
r.20	power to waive or rebate a fee other than a fee relating to an amendment to a planning scheme	DCD, PO, MSS
r.21	duty to record matters taken into account and which formed the basis of a decision to waive or rebate a fee under r.19 or 20	CEO, DCD, PO, MSS

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010
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	PHO, MSS
r.13(1)	duty to grant the registration if satisfied that the caravan park complies with these regulations	PHO, MSS
r.13(2)	duty to renew the registration if satisfied that the caravan park complies with these regulations	PHO, MSS
r.13(2)	power to refuse to renew the registration if not satisfied that the caravan park complies with these regulations	PHO, MSS
r.13(4) & (5)	duty to issue certificate of registration	PHO, MSS
r.15(1)	function of receiving notice of transfer of ownership	PHO, MSS
r.15(3)	power to determine where notice of transfer is displayed	PHO, MSS
r.16(1)	duty to transfer registration to new caravan park owner	PHO, MSS
r.16(2)	duty to issue a certificate of transfer of registration	PHO, MSS
r.17(1)	power to determine the fee to accompany applications for registration or applications for renewal of registration	PHO, DCD, MSS
r.18	duty to keep register of caravan parks	PHO, MSS
r.19(4)	power to determine where the emergency contact person's details are displayed	PHO, MSS
r.19(6)	power to determine where certain information is displayed	PHO, MSS
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	PHO, MSS
r.22A(2)	duty to consult with relevant emergency services agencies	PHO, MSS
r.23	power to determine places in which caravan park owner must display a copy of emergency procedures	PHO, MSS
r.24	power to determine places in which caravan park owner must display copy of public emergency warnings	PHO, MSS
r.25(3)	duty to consult with relevant floodplain management authority	PHO, DCD, MSS
r.26	duty to have regard to any report of the relevant fire authority	PHO, DCD, MSS
r.28(c)	power to approve system for the collection, removal and disposal of sewage and waste water from a movable dwelling	PHO, MSS
r.39	function of receiving notice of proposed installation of unregistrable movable dwelling or rigid annexe	PHO, MSS
r.39(b)	power to require notice of proposal to install unregistrable movable dwelling or rigid annexe	PHO, MSS
r.40(4)	function of receiving installation certificate	PHO, MSS
r.42	power to approve use of a non-habitable structure as a dwelling or part of a dwelling	PHO, MSS
Schedule 3 clause 4(3)	power to approve the removal of wheels and axles from unregistrable movable dwelling	PHO, MSS

Road Management (General) Regulations 2016
Provision	Item Delegated	Delegate	Conditions and Limitations
r.8(1)	duty to conduct reviews of road management plan	DWTS
r.9(2)	duty to give notice of review 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

Road Management (General) Regulations 2005 Note: these regulations are due to expire on 21 March 2016
Provision	Item Delegated	Delegate	Conditions and Limitations
r.501(4)	power to charge fee for issuing permit under regulation 501(1)	DWTS	where council is the coordinating road authority

Road Management (General) Regulations 2016
Provision	Item Delegated	Delegate	Conditions and Limitations
r.18(1)	power to give written consent re damage to road	DWTS	where council is the coordinating road authority
r.23(2)	power to make submission to Tribunal	DWTS	where council is the coordinating road authority
r.23(4)	power to charge a fee for application under section 66(1) Road Management Act	DWTS	where council is the coordinating road authority
r.25(1)	power to remove objects, refuse, rubbish or other material deposited or left on road	DWTS	where council is the responsible road authority
r.25(2)	power to sell or dispose of things removed from road or part of road (after first complying with regulation 25(3)	DWTS	where council is the responsible road authority
r.25(5)	power to recover in the Magistrates' Court, expenses from person responsible	CEO, DWTS

Road Management (Works and Infrastructure) Regulations 2015 Note: these regulations commenced on 20 June 2015, replacing the Roads Management (works & infrastructure) Regulations 2005, which expired on 21 June 2015.
Provision	Item Delegated	Delegate	Conditions and 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	CEO, DWTS	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	CEO, DWTS	where council is the coordinating road authority
r.15	power to exempt a person from requirement under clause 13(1) of Schedule 7 of the Act to give notice as to the completion of those works	DWTS	where council is the coordinating road authority and where consent given under section 63(1) of the Act
r.22(2)	power to waive whole or part of fee in certain circumstances	CEO	where council is the coordinating road authority

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

[2] Council must ensure that a person appointed under section 87 is competent, of good repute and character and has agreed in writing to exercise the functions conferred on an authorised person (see section 87(1C)

[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 of the Fire Services Property Levy Act 2012).

[4] 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.

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

Location:	Wycheproof Supper Room
Attendees:	Cr- David Pollard (Mayor) Cr- Graeme Milne (Deputy Mayor) Cr- Ellen White Cr- Carolyn Stewart Cr- John Shaw Cr- Daryl Warren Cr - David Vis Lucy Roffey –Chief Executive Officer Hannah Yu – Director Corporate Services Anthony Judd – Director of Works and Technical Services Jessie Holmes – Director Community Development
Apologies:
Visitors:	Marg Allen Regional Director Loddon Mallee Region DELWP

NO.	TOPIC		Notes
1.	Declarations of Conflicts of Interest		Cr Carolyn Stewart re: Planning Item in Ordinary Meeting Agenda
2.	Councillor and CEO only time
3.	Councillor Briefing Notes - 16 August 2017
4.	Presentations
	4.1	DELWP representative Margaret Allen
	4.2	Mallee Regional Partnership Priorities Chief Executive Officer
	4.3	Audit Advisory Committee Charter Director Corporate Services
5.	Items for Discussion
	5.1	Draft Ordinary Meeting Agenda
	5.2	Swimming Pool Season/cold weather policy Director Works and Technical Services
6.	Councillor Matters
7.	CEO Updates

Date and Time:	20 September 2017	Time: 3.00pm to 6.00pm
Location:	Birchip Council Chamber

Location:	Birchip Council Chamber
Attendees:	Cr- David Pollard (Mayor) Cr- Graeme Milne (Deputy Mayor) Cr- Ellen White Cr- John Shaw Cr- Daryl Warren Lucy Roffey –Chief Executive Officer Hannah Yu – Director Corporate Services Anthony Judd – Director of Works and Technical Services Jessie Holmes – Director Community Development Travis Fitzgibbon-Media and Communications Officer
Apologies:	Cr - David Vis Cr- Carolyn Stewart
Visitors:	Elise Bales – Birchip P-12 School Tahlia Flowers – Birchip P-12 School Seamus Lowry – Birchip P-12 School Mary – Ann Sait NCLLEN Josh Richmond – Birchip Forum Warren Hemopo - Manager Emergency Management and Flood Restoration

NO.	TOPIC		PURPOSE
1.	Declarations of Conflicts of Interest		Nil
2.	Councillor and CEO only time
3.	Councillor Briefing Notes - 16 August 2017
4.	Presentations
	4.1	Business Unit Presentation Emergency Management (DWTS)
	4.2	Engage Youth Speaker Elise Bales
	4.3	Birchip Forum
	4.4	Early Years Update (DCD)
	4.5	Major Projects Update (DWTS)

5.	Councillor Matters
6.	CEO Updates

Date and Time:	4 October 2017	Time: 5.00pm to 8.00pm
Location:	Charlton Council Chamber

Council Initiative	Correspondence sent to	Date sent	Date of response	Summary of response
To write to local members inviting them to meet with Council.	Luke O’Sullivan Member for Northern Victoria	20.03.2017	July 2017	Advised attending 4 October Councillor Briefing
State Taxation Acts Amendment Bill	Leader of Opposition, Hon Matthew Guy, Shadow Minister for Local Government, Hon David Davis, Victorian upper house MPs	May 2017
Support for Childcare changes	Louise Staley MP, Member for Ripon	12.07.2017

Provider	Recipient	Date	Purpose for Recognition

Application No	Applicant	Address	Date Rec	Summary of Proposal	Status
PPA715/17	M.H. Janssen	12 Clifton Street, Charlton	21/08/17	Construction of a garage and covered walkway in HO	Awaiting report
PPA716/17	Tyson Fehring - Graincorp	Lot 2 Plan No. 305501 Parish of Banyenong (3622 Sunraysia Hwy., Donald)	11/09/17	Building and works for the construction of grain bunkers, weighbridges, sample stands, site control room, extend rail siding, grain elevator, earthworks for drainage and stormwater and access tracks	Referral to Vicroads, GWM Water and Powercor
PPA718/17	Price Merrett Consulting	CA 2 Parish of Tungie (1105 Drury Rd., Berriwillock)	12/09/17	Two lot subdivision – dwelling excision	Referral to GWM Water and Powercor

List of club representatives:
Buloke Shire	Carolyn Stewart	Sec / Treasurer	Simon Peck
Harness Club	John Tormey	Golf	Anne Kenny
Cricket		Bowling	Kevin Willey
Park Golf	Pat Clifford	Netball	Kim Fitzpatrick
Pony Club	Kaye Blanchard	Hockey	Kelly Wright
Football Club	Terry Fitzpatrick	Show	Wendy Laffin
Stadium	Kim Thompson	Angling	Kevin Willey
Tennis	John Harley
Croquet	Pat Matthews

NCFS Ltd	Did not receive grant applied for
Charlton Lions Club	Swap meet at Park 8^th Oct - approved

2017 – 18 Grant Recipients
Charlton Rotary Art Show	Event sponsorship	$500.00
Gordon Park Fence	Project support	$2,000.00
Birchip Choir	Project support	$745.00
Charlton Cricket Club	Project support	$2,000.00
Donald Portable Dance Floor	Project support	$1,050.00
Birchip Christmas Party	Sponsorship	$500.00
Donald Learning Centre	Small equipment Grants	$1,000.00
Community Grant subtotal		$7,795.00

Gordon Park Solar	Buloke Sustainability Fund	$7,993.00
Charlton Lions Club Solar	Buloke Sustainability Fund	$3,993.00
Charlton Bowling Club Solar	Buloke Sustainability Fund	$4,000.00
Sustainability Fund subtotal		$15,986.00

Total Grants for 2017/18		$23,781.00

Pool	Days 22 degrees and under	Total attendance cold days	Average per day
Berriwillock	8	6	0.75
Birchip	8	59	7.4
Charlton	13	62	4.8
Donald	13	322	24.8*
Sea Lake	8	76	9.5
Watchem	13	17	1.3
Wycheproof	13	139	10.7*

Council Name: Buloke Shire Council
Key Contact Name: Anna Arkoudis
Position: Environment Compliance Officer
Contact Details: 03 5478 0141
aarkoudis@buloke.vic.gov.au

Description	YTD Budget Aug 2017	Actuals at 31^st Aug 2017	Variance YTD Budget 31st Vs August Actuals
	$'000	$'000	$'000

Total income excluding capital grants	14,927	14,156	(771)


Total expenses	4,190	3,841	349

Total capital grants income	765	153	(612)

Total capital expenditure	265	301	(36)

RECOMMENDATION: That Council closes the meeting to the public pursuant to Section 89(2) of the Local Government Act 1989 to consider the following items, which are confidential for the reasons indicated:
9.5.1 Contract C46 2017/18 Lake Tyrrell Tourism Infrastructure Design Services	(d) contractual matters