Domestic Animals Act 1994

s.41A(1)   

power to declare a dog to be a menacing dog   

Council may delegate this power to a Council authorised officer

 CEO, MDS, TLC

Environment Protection Act 1970

s.53M(3)  

power to require further information 

 DCD, MDS, TLPH

s.53M(4)  

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

 DCD, MDS, TLPH

s.53M(5)  

duty to approve plans, issue permit or refuse permit  

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

 CEO, DCD, MDS, TLC, TLPH

s.53M(6)  

power to refuse to issue septic tank permit  

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

 DCD, MDS, TLPH

s.53M(7)  

duty to refuse to issue a permit in circumstances in (a)-(c)  

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

 DCD, MDS, TLPH

Food Act 1984

s.19(2)(a)

power to direct by written order that the food premises be put into a clean and sanitary condition  

If section 19(1) applies

 TLPH

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  

If section 19(1) applies

 TLPH

s.19(3)

power to direct by written order that the food premises not be kept or used for the sale, or handling for sale, of any food, or for the preparation of any food, or for any other specified purpose, or for the use of any specified equipment or a specified process

If section 19(1) applies

Only in relation to temporary food premises or mobile food premises

 TLPH

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 

If section 19(1) applies

 TLPH

s.19(6)(a)

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

If section 19(1) applies

 DCD, TLPH

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   

If section 19(1) applies

 TLPH

s.19AA(2)

power to direct, by written order, that a person must take any of the actions described in (a)-(c).  

where Council is the registration authority

 TLPH

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  

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

 TLPH

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  

where Council is the registration authority

 TLPH

s.19CB(4)(b)

power to request copy of records  

where Council is the registration authority

 TLPH

s.19E(1)(d)

power to request a copy of the food safety program  

where Council is the registration authority

 TLPH

s.19GB     

power to request proprietor to provide written details of the name, qualification or experience of the current food safety supervisor   

where Council is the registration authority

 TLPH

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

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

where Council is the registration authority

 TLPH

s.19NA(1)

power to request food safety audit reports  

where Council is the registration authority

 TLPH

s.19U(3)  

power to waive and vary the costs of a food safety audit if there are special circumstances 

 TLPH

s.19UA     

power to charge fees for conducting a food safety assessment or inspection  

except for an assessment required by a declaration under section 19C or an inspection under sections 38B(1)(c) or 39.

 TLPH

s.19W

power to direct a proprietor of a food premises to comply with any requirement under Part IIIB  

where Council is the registration authority

 TLPH

s.19W(3)(a)   

power to direct a proprietor of a food premises to have staff at the premises undertake training or instruction  

where Council is the registration authority

 TLPH

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  

where Council is the registration authority

 TLPH

power to register, renew or transfer registration   

where Council is the registration authority

refusal to grant/renew/transfer registration must be ratified by Council or the CEO (see section 58A(2))

 TLPH

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  

where Council is the registration authority

 TLPH

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)  

where Council is the registration authority

 TLPH

s.38A(4)   

power to request a copy of a completed food safety program template   

where Council is the registration authority

 TLPH

s.38B(1)(a)    

duty to assess the application and determine which class of food premises under section 19C the food premises belongs  

where Council is the registration authority

 TLPH

s.38B(1)(b)    

duty to ensure proprietor has complied with requirements of section 38A  

where Council is the registration authority

 TLPH

s.38B(2)   

duty to be satisfied of the matters in section 38B(2)(a)-(b)  

where Council is the registration authority

 TLPH

s.38D(1)  

duty to ensure compliance with the applicable provisions of section 38C and inspect the premises if required by section 39  

where Council is the registration authority

 TLPH

s.38D(2)  

duty to be satisfied of the matters in section 38D(2)(a)-(d)  

where Council is the registration authority

 TLPH

s.38D(3)  

power to request copies of any audit reports  

where Council is the registration authority

 TLPH

s.38E(2)   

power to register the food premises on a conditional basis  

where Council is the registration authority

not exceeding the prescribed time limit defined under subsection (5).

 TLPH

s.38E(4)   

duty to register the food premises when conditions are satisfied  

where Council is the registration authority

 TLPH

s.38F(3)(b)

power to require proprietor to comply with requirements of this Act  

where Council is the registration authority

 TLPH

s.39A 

power to register, renew or transfer food premises despite minor defects   

where Council is the registration authority

only if satisfied of matters in subsections (2)(a)-(c)

 TLPH

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   

 TLPH

s.40C(2)  

power to grant or renew the registration of food premises for a period of less than 1 year  

where Council is the registration authority

 TLPH

s.40D(1)  

power to suspend or revoke the registration of food premises   

where Council is the registration authority

 TLPH

s.43F(6)   

duty to be satisfied that registration requirements under Division 3 have been met prior to registering, transferring  or renewing registration of a component of a food business  

where Council is the registration authority

 TLPH

s.43F(7)   

power to register the components of the food business that meet requirements in Division 3 and power to refuse  to register the components that do not meet the requirements   

where Council is the registration authority

 TLPH

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   

 where Council is the registration authority

 CEO, DCD

Heritage Act 2017

s.116

power to sub-delegate Executive Director's functions, duties or powers   

must first obtain Executive Director’;s written consent

Council can only sub-delegate if the instrument of delegation from the Executive Director authorises sub-delegation

 CEO, DWTS

Local Government Act 1989

s.181H

power to enter into an environmental upgrade agreement on behalf of Council and declare and levy an environmental upgrade charge

In consultation with Council

 CEO

Planning and Environment Act 1987

s.4B

power to prepare an amendment to the Victorian Planning Provisions

 if authorised by the Minister

 CEO, DCD, MDS, PO

s.4G

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

 DCD, MDS, PO

s.4H   

duty to make amendment to Victoria Planning Provisions  available

 DCD, MDS, PO

s.4I     

duty to keep Victorian Planning Provisions and other documents available

 DCD, MDS, PO

s.8A(2)     

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

 DCD, MDS, PO

s.8A(3)     

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

 DCD, MDS, PO

s.8A(5)     

function of receiving notice of the Minister's decision

 DCD, MDS, 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

 DCD, MDS, 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

 DCD, MDS, 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, DCD, MDS, 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, DCD, MDS, PO

s.12B(1)   

duty to review planning scheme

 CEO, DCD, MDS, PO

s.12B(2)   

duty to review planning scheme at direction of Minister

 CEO, DCD, MDS, PO

s.12B(5)   

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

 DCD, MDS, PO

s.14

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

 DCD, MDS, PO

s.17(1)     

duty of giving copy amendment to the planning scheme

 DCD, MDS, PO

s.17(2)     

duty of giving copy s.173 agreement

 DCD, MDS, PO

s.17(3)     

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

 DCD, MDS, PO

s.18

duty to make amendment etc. available

 DCD, MDS, 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

 DCD, MDS, PO

s.19

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

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.

 DCD, MDS, PO

s.20(1)     

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

 DCD, MDS, PO

s.21(2)     

duty to make submissions available  

 DCD, MDS, PO

s.21A(4)

duty to publish notice in accordance with section 

 DCD, MDS, PO

s.22

duty to consider all submissions  

except submissions which request a change to the items in s.22(5)(a) and (b)

 DWTS, MDS, PO

s.23(1)(b)

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

 DCD, MDS, PO

s.23(2)     

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

 DCD, MDS, PO

s.24

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

 CEO, DCD, MDS, PO

s.26(1)     

power to make report available for inspection 

 DCD, MDS, PO

s.26(2)     

duty to keep report of panel available for inspection   

 DCD, MDS, PO

s.27(2)     

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

 CEO, DCD, MDS, PO

s.28

duty to notify the Minister if abandoning an amendment  

Note: the power to make a decision to abandon an amendment cannot be delegated

 CEO

s.30(4)(a)

duty to say if amendment has lapsed

 DCD, MDS, PO

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, MDS, PO

s.33(1)     

duty to give more notice of changes to an amendment

 DCD, MDS, PO

s.36(2)     

duty to give notice of approval of amendment

 CEO, DCD, MDS, PO

s.38(5)     

duty to give notice of revocation of an amendment

 CEO, DCD, MDS, PO

s.39

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

 CEO, DCD, MDS, PO

s.40(1)     

function of lodging copy of approved amendment

 CEO, DCD, MDS, PO

s.41

duty to make approved amendment available

 DCD, MDS, PO

s.42

duty to make copy of planning scheme available

 DCD, MDS, PO

s.46AS(ac)    

power to request the Victorian Planning Authority (VPA) to provide advice on any matter relating to land in Victoria or an objective of planning in Victoria

 DWTS, MDS, PO

s.46AW

function of being consulted by the Minister

where Council is a responsible public entity

 DWTS

s.46AX

function of receiving a draft Statement of Planning Policy and written direction in relation to the endorsement of the draft Statement of Planning Policy

power to endorse the draft Statement of Planning Policy

where Council is a responsible public entity

 DWTS

s.46AZC(2)

duty not to prepare an amendment to a declared area planning scheme that is inconsistent with a Statement of Planning Policy for the declared area that is expressed to be binding on the responsible public entity

where Council is a responsible public entity

 DWTS

s.46AZK

duty not to act inconsistently with any provision of the Statement of Planning Policy that is expressed to be binding on the public entity when performing a function or duty or exercising a power in relation to the declared area

where Council is a responsible public entity

 DWTS

s.46GI(2)(b)(i)

power to agree to a lower rate of standard levy for a class of development of a particular type of land than the rate specified in a Minister's direction

where Council is the planning authority, the municipal Council of the municipal district in which the land is located and/or the development agency

 DWTS

s.46GJ(1)

function of receiving written directions from the Minister in relation to the preparation and content of infrastructure contributions plans

 DWTS

s.46GK

duty to comply with a Minister’s direction that applies to Council as the planning authority

 DWTS

s.46GN(1)

duty to arrange for estimates of values of inner public purpose land

 DWTS

s.46GO(1)

duty to give notice to owners of certain inner public purpose land

 DWTS

s.46GP

function of receiving a notice under s.46GO

where Council is the collecting agency

 DWTS

s.46GQ

function of receiving a submission from an affected owner who objects to the estimated value per hectare (or other appropriate unit of measurement) of the inner public purpose land

 DWTS

s.46GR(1)

duty to consider every submission that is made by the closing date for submissions included in the notice under s.46GO

 DWTS

s.46GR(2)

power to consider a late submission

duty to consider a late submission if directed to do so by the Minister

 DWTS

s.46GS(1)

power to accept or reject the estimate of the value of the inner public purpose land in a submission made under s.46GQ

 DWTS

s.46GS(2)

duty, if Council rejects the estimate of the value of the inner public purpose land in the submission, to refer the matter to the valuer-general, and notify the affected owner of the rejection and that the matter has been referred to the valuer-general

 DWTS

s.46GT(2)

duty to pay half of the fee fixed by the valuer-general for arranging and attending the conference

 DWTS

s.46GT(4)

function of receiving, from the valuer-general, written confirmation of the agreement between the planning authority's valuer and the affected owner's valuer as to the estimated value of the inner public purpose land

 DWTS

s.46GT(6)

function of receiving, from the valuer-general, written notice of a determination under s.46GT(5)

 DWTS

s.46GU

duty not to adopt an amendment under s.29 to an infrastructure contributions plan that specifies a land credit amount or a land equalisation amount that relates to a parcel of land in the ICP plan area of the plan unless the criteria in s.46GU(1)(a) and (b) are met

 DWTS

s.46GV(3)

function of receiving the monetary component and any land equalisation amount of the infrastructure contribution

power to specify the manner in which the payment is to be made

where Council is the collecting agency

 DWTS

s.46GV(3)(b)

power to enter into an agreement with the applicant

where Council is the collecting agency

 DWTS

s.46GV(4)(a)

function of receiving the inner public purpose land in accordance with s.46GV(5) and (6)

where Council is the development agency

 DWTS

s.46GV(4)(b)

function of receiving the inner public purpose land in accordance with s.46GV(5) and (6)

where Council is the collecting agency

 DWTS

s.46GV(7)

duty to impose the requirements set out in s.46GV(3) and (4) as conditions on the permit applied for by the applicant to develop the land in the ICP plan area

 DWTS

s.46GV(9)

power to require the payment of a monetary component or the provision of the land component of an infrastructure contribution to be secured to Council’s satisfaction

where Council is the collecting agency

 DWTS

s.46GX(1)

power to accept works, services or facilities in part or full satisfaction of the monetary component  of an infrastructure contribution payable

where Council is the collecting agency

 DWTS

s.46GX(2)

duty, before accepting the provision of works, services or facilities by an applicant under s.46GX(1), to obtain the agreement of the development agency or agencies specified in the approved infrastructure contributions plan

where Council is the collecting agency

 DWTS

s.46GY(1)

duty to keep proper and separate accounts and records

where Council is the collecting agency

 DWTS

s.46GY(2)

duty to keep the accounts and records in accordance with the Local Government Act 1989

where Council is the collecting agency

 DWTS

s.46GZ(2)(a)

duty to forward any part of the monetary component that is imposed for plan preparation costs to the planning authority that incurred those costs

where Council is the collecting agency under an approved infrastructure contributions plan

this duty does not apply where Council is that planning authority

 DWTS

s.46GZ(2)(a)

function of receiving the monetary component

where the Council is the planning authority

this duty does not apply where Council is also the collecting agency

 DWTS

s.46GZ(2)(b)

duty to forward any part of the monetary component that is imposed for the provision of works, services or facilities to the development agency that is specified in the plan,as responsible for those works, services or facilities

where Council is the collecting agency under an approved infrastructure contributions plan

this provision does not apply where Council is also the relevant development agency

 DWTS

s.46GZ(2)(b)

function of receiving the monetary component

where Council is the development agency under an approved infrastructure contributions plan

this provision does not apply where Council is also the collecting agency

 DWTS

s.46GZ(4)

duty to use any land equalisation amounts to pay land credit amounts under s.46GZ(7), except any part of those amounts that are to be forwarded to a development agency under s.46GZ(5)

where Council is the collecting agency under an approved infrastructure contributions plan

 DWTS

s.46GZ(5)

duty to forward any part of a land equalisation amount required for the acquisition of outer public purpose land by a development agency specified in the approved infrastructure contributions plan to that development agency

where Council is the collecting agency under an approved infrastructure contributions plan

this provision does not apply where Council is also the relevant development agency

 DWTS

s.46GZ(5)

function of receiving any part of a land equalisation amount required for the acquisition of outer public purpose land

where Council is the development agency specified in the approved infrastructure contributions plan

this provision does not apply where Council is also the collecting agency

 DWTS

s.46GZ(7)

duty to pay to each person who must provide an infrastructure contribution under the approved infrastructure contributions plan any land credit amount to which the person is entitled under s.46GW

where Council is the collecting agency under an approved infrastructure contributions plan

 DWTS

s.46GZ(9)

duty to transfer the estate in fee simple in the land to the development agency specified in the approved infrastructure contributions plan as responsible for the use and development of that land

if any inner public purpose land is vested in Council under the Subdivision Act 1988 or acquired by Council before the time it is required to be provided to Council under s.46GV(4)

where Council is the collecting agency under an approved infrastructure contributions plan

this duty does not apply where Council is also the development agency

 DWTS

s.46GZ(9)

function of receiving the fee simple in the land

where Council is the development agency under an approved infrastructure contributions plan

this duty does not apply where Council is also the collecting agency

 DWTS

s.46GZA(1)

duty to keep proper and separate accounts and records

where Council is a development agency under an approved infrastructure contributions plan

 DWTS

s.46GZA(2)

duty to keep the accounts and records in accordance with the Local Government Act 1989

where Council is a development agency under an approved infrastructure contributions plan

 DWTS

s.46GZB(3)

duty to follow the steps set out in s.46GZB(3)(a) – (c)

where Council is a development agency under an approved infrastructure contributions plan

 DWTS

s.46GZB(4)

duty, in accordance with requirements of the VPA, to report on the use of the infrastructure contribution in the development agency's annual report and provide reports on the use of the infrastructure contribution to the VPA

if the VPA is the collecting agency under an approved infrastructure contributions plan

where Council is a development agency under an approved infrastructure contributions plan

 CEO

s.46GZD(2)

duty, within 6 months after the date on which the approved infrastructure contributions plan expires, to follow the steps set out in s.46GZD(2)(a) and (b)

where Council is the development agency under an approved infrastructure contributions plan

 DWTS

s.46GZD(3)

duty to follow the steps set out in s.46GZD(3)(a) and (b)

where Council is the collecting agency under an approved infrastructure contributions plan

 DWTS

s.46GZD(5)

duty to make payments under s.46GZD(3) in accordance with ss.46GZD(5)(a) and 46GZD(5)( (b)

where Council is the collecting agency under an approved infrastructure contributions plan

 DWTS

s.46GZE(2)

duty to forward the land equalisation amount back to the collecting agency within 6 months after the expiry date if any part of a land equalisation amount paid or forwarded to a development agency for acquiring outer public purpose land has not been expended by the development agency to acquire that land at the date on which the approved infrastructure contributions plan expires

where Council is the development agency under an approved infrastructure contributions plan

this duty does not apply where Council is also the collecting agency

 DWTS

s.46GZE(2)

function of receiving the unexpended land equalisation amount

where Council is the collecting agency under an approved infrastructure contributions plan

this duty does not apply where Council is also the development agency

 DWTS

s.46GZE(3)

duty, within 12 months after the date on which the approved infrastructure contributions plan expires, to follow the steps set out in s.46GZE(3)(a) and (b)

where Council is the collecting agency under an approved infrastructure contributions plan

 DWTS

s.46GZF(2)

duty, within 12 months after the date on which the approved infrastructure contributions plan expires, to use the public purpose land for a public purpose approved by the Minister or sell the public purpose land

where Council is the development agency under an approved infrastructure contributions plan

 DWTS

s.46GZF(3)

duty, if land is sold under s.46GZF(2)(b), to follow the steps in s.46GZF(3)(a) and (b)

where Council is the development agency under an approved infrastructure contributions plan

 DWTS

s.46GZF(3)

s.46GZF(3)(a) function of receiving proceeds of sale

where Council is the collection agency under an approved infrastructure contributions plan

this provision does not apply where Council is also the development agency

 DWTS

s.46GZF(4)

duty to divide the proceeds of the public purpose land among the current owners of each parcel of land in the ICP plan area and pay each current owner a portion of the proceeds in accordance with s.46GZF(5)

where Council is the collecting agency under an approved infrastructure contributions plan

 DWTS

s.46GZF(6)

duty to make the payments under s.46GZF(4) in accordance with s.46GZF(6)(a) and (b)

where Council is the collecting agency under an approved infrastructure contributions plan

 DWTS

s.46GZH

power to recover the monetary component, or any land equalisation amount of the land component, payable under Part 3AB as a debt in any court of competent jurisdiction

where Council is the collecting agency under an approved infrastructure contributions plan

 DWTS

s.46GZI

duty to prepare and give a report to the Minister at the times required by the Minister

where Council is a collecting agency or development agency

 CEO

s.46GZK

power to deal with public purpose land which has vested in, been acquired by, or transferred to, Council

where Council is a collecting agency or development agency

 DWTS

s.46LB(3)

duty to publish, on Council’s Internet site, the payable dwelling amount for a financial year on or before 1 July of each financial year for which the amount is adjusted under s.46LB (2)

 DWTS

s.46N(1)  

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

 CEO, DCD, MDS, PO

s.46N(2)(c)    

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

 CEO, DCD, MDS, PO

s.46N(2)(d)    

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

 CEO, DCD, MDS, 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, DCD, MDS, PO

s.46O(1)(d) & (2)(d)  

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

 CEO, DCD, MDS, PO

s.46P(1)   

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

 CEO, DCD, MDS, PO

s.46P(2)   

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

 CEO, DCD, MDS, PO

s.46Q(1)  

duty to keep proper accounts of levies paid   

 DCD, DCS, MDS, 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 

 DCD, DCS, MDS, 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  

only applies when levy is paid to Council as a ‘;development agency’;

 CEO

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)   

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

 CEO

s.46Q(4)(d)    

duty to submit to the Minister an amendment to the approved development contributions plan

must be done in accordance with Part 3

 CEO, DCD, MDS, PO

s.46Q(4)(e)

duty to expend that amount on other works etc.

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

 CEO

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

where Council is a collecting agency or development agency

 CEO

s.46V(3)   

duty to make a copy of the approved strategy plan (being the Melbourne Airport Environs Strategy Plan) and any documents lodged with it available

 DCD, MDS, PO

s.46Y  

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

 DCD, MDS, PO

s.47

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

 CEO, DCD, MDS, PO

s.49(1)     

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

 DCD, MDS, PO

s.49(2)     

duty to make register available for inspection

 DCD, MDS, PO

s.50(4)     

duty to amend application

 DCD, MDS, PO

s.50(5)     

power to refuse to amend application

 DCD, MDS, PO

s.50(6)     

duty to make note of amendment to application in register

 DCD, MDS, PO

s.50A(1)   

power to make amendment to application

 DCD, MDS, PO

s.50A(3)   

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

 DCD, MDS, PO

s.50A(4)   

duty to note amendment to application in register

 DCD, MDS, PO

s.51

duty to make copy of application available for inspection

 DCD, MDS, 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

 DCD, MDS, PO

s.52(1)(b)

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

 DCD, MDS, PO

s.52(1)(c)

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

 DCD, MDS, 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

 DCD, MDS, 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

 DCD, MDS, PO

s.52(1)(d)

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

 DCD, MDS, PO

s.52(1AA)

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

 DCD, MDS, PO

s.52(3)     

power to give any further notice of an application where appropriate

 CEO, DCD, MDS, PO

s.53(1)     

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

 DCD, MDS, PO

s.53(1A)   

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

 DCD, MDS, PO

s.54(1)     

power to require the applicant to provide more information

 DCD, MDS, PO

s.54(1A)

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

 DCD, MDS, PO

s.54(1B)   

duty to specify the lapse date for an application

 DCD, MDS, PO

s.54A(3)   

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

 DCD, MDS, PO

s.54A(4)   

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

 DCD, MDS, PO

s.55(1)     

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

 DCD, MDS, PO

s.57(2A)   

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

 CEO, DCD, MDS, PO

s.57(3)     

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

 DCD, MDS, PO

s.57(5)     

duty to make available for inspection copy of all objections

 DCD, MDS, PO

s.57A(4)   

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

 DCD, MDS, PO

s.57A(5)

power to refuse to amend application

 DCD, MDS, PO

s.57A(6)   

duty to note amendments to application in register

 DCD, MDS, PO

s.57B(1)   

duty to determine whether and to whom notice should be given

 DCD, MDS, PO

s.57B(2)   

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

 DCD, MDS, PO

s.57C(1)  

duty to give copy of amended application to referral authority

 DCD, MDS, PO

s.58

duty to consider every application for a permit

 DCD, MDS, PO

s.58A 

power to request advice from the Planning Application Committee

 DCD, MDS, PO

s.60

duty to consider certain matters

 DCD, MDS, PO

s.60(1A)   

power to consider certain matters before deciding on application

 DCD, MDS, 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

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

 DCD, MDS, PO

s.61(2)     

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

 DCD, MDS, 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

 DCD, MDS, PO

s.61(3)(a)

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

 DCD, MDS, PO

s.61(3)(b)

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

 CEO, DCD, MDS, PO

s.61(4)     

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

 CEO, DCD, MDS, PO

s.62(1)     

duty to include certain conditions in deciding to grant a permit

 DCD, MDS, PO

s.62(2)     

power to include other conditions

 DCD, MDS, PO

s.62(4)     

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

 DCD, MDS, PO

s.62(5)(a)

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

 DWTS, MDS, PO

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, MDS, PO

s.62(5)(c) 

power to include a permit condition that specified works be provided or paid for by the applicant

 DCD, MDS, 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 ss.46N(1), 46GV(7) or 62(5)

 DWTS, MDS, 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)

 DCD, MDS, PO

s.63

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

 DCD, MDS, PO

s.64(1)     

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

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

 DCD, MDS, PO

s.64(3)     

duty not to issue a permit until after the specified period   

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

 DCD, MDS, PO

s.64(5)     

duty to give each objector a copy of an exempt decision  

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

 DCD, MDS, PO

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  

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

 DCD, MDS, PO

s.65(1)     

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

 DCD, MDS, PO

s.66(1)     

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

 DCD, MDS, PO

s.66(2)     

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

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

 DCD, MDS, PO

s.66(4)     

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

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

 DCD, MDS, PO

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

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

 DCD, MDS, PO

s.69(1)     

function of receiving application for extension of time of permit

 DCD, MDS, PO

s.69(1A)   

function of receiving application for extension of time to complete development

 DCD, MDS, PO

s.69(2)     

power to extend time

 DCD, MDS, PO

s.70

duty to make copy permit available for inspection

 DCD, MDS, PO

s.71(1)     

power to correct certain mistakes

 DCD, MDS, PO

s.71(2)     

duty to note corrections in register

 DCD, MDS, PO

s.73

power to decide to grant amendment subject to conditions

 DCD, MDS, PO

s.74

duty to issue amended permit to applicant if no objectors

 DCD, MDS, PO

s.76

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

 DCD, MDS, PO

s.76A(1)   

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

 DCD, MDS, PO

s.76A(2)   

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

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

 DCD, MDS, PO

s.76A(4)   

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

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

 DCD, MDS, PO

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

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

 DCD, MDS, PO

s.76D 

duty to comply with direction of Minister to issue amended permit

 CEO, DCD, MDS, PO

s.83

function of being respondent to an appeal

 CEO, DCD, MDS, PO

s.83B

duty to give or publish notice of application for review

 DCD, MDS, PO

s.84(1)     

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

 DCD, MDS, PO

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, MDS, 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

 DCD, MDS, PO

s.84(6)     

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

 DCD, MDS, PO

s.84AB

power to agree to confining a review by the Tribunal

 DWTS

s.86

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

 DCD, MDS, PO

s.87(3)     

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

 CEO, DCD, MDS, PO

s.90(1)     

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

 CEO, DCD, MDS, PO

s.91(2)     

duty to comply with the directions of VCAT

 CEO, DCD, MDS, PO

s.91(2A)   

duty to issue amended permit to owner if Tribunal so directs

 DCD, MDS, PO

s.92

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

 DCD, MDS, PO

s.93(2)     

duty to give notice of VCAT order to stop development

 DCD, MDS, PO

s.95(3)     

function of referring certain applications to the Minister

 CEO, DCD, MDS, PO

s.95(4)     

duty to comply with an order or direction

 CEO, DCD, MDS, PO

s.96(1)     

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

 CEO, DCD, MDS, 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

 DCD, MDS, PO

s.96A(2)   

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

 DCD, MDS, 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

 DCD, MDS, PO

s.96F  

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

 CEO, DCD, MDS, 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, DCD, MDS, PO

s.96H(3)  

power to give notice in compliance with Minister's direction

 DCD, MDS, PO

s.96J  

power to issue permit as directed by the Minister

 DCD, MDS, PO

s.96K 

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

 DCD, MDS, 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

 DCD, MDS, PO

s.97C 

 power to request Minister to decide the application

 DCD, MDS, PO

s.97D(1)  

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

 DCD, MDS, 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, DCD, MDS, PO

s.97G(6)  

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

 DCD, MDS, PO

s.97L  

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

 DCD, MDS, PO

s.97MH

duty to provide information or assistance to the Planning Application Committee

 DCD, MDS, PO

s.97MI

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

 DCD, MDS, PO

s.97O

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

 DCD, MDS, 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, DCD, MDS, PO

s.97Q(2)

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

 DCD, MDS, PO

s.97Q(4)

duty to comply with directions of VCAT

 DCD, MDS, PO

s.97R

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

 DCD, MDS, PO

s.98(1)&(2)

function of receiving claim for compensation in certain circumstances

 DCD, MDS, PO

s.98(4)     

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

 DCD, MDS, PO

s.101

function of receiving claim for expenses in conjunction with claim

 DCD, MDS, PO

s.103

power to reject a claim for compensation in certain circumstances

 DCD, MDS, PO

s.107(1)

function of receiving claim for compensation

 DCD, MDS, PO

s.107(3)

power to agree to extend time for making claim

 CEO, DCD, MDS, PO

s.114(1)   

power to apply to the VCAT for an enforcement order

 CEO, DCD, MDS, PO

s.117(1)(a)

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

 CEO, DCD, MDS, PO

s.120(1)   

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

 CEO, DCD, MDS, PO

s.123(1)   

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

 DCD, MDS, PO

s.123(2)   

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

except Crown LandIn consultation with Council

 CEO

s.129

function of recovering penalties

 DCD, MDS, PO

s.130(5)

power to allow person served with an infringement notice further time

 DCD, MDS, PO

s.149A(1)

power to refer a matter to the VCAT for determination

In consultation with Council

 CEO

s.149A(1A)    

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

 DCD, MDS, 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)

where Council is the relevant planning authority

 DCD, MDS, PO

s.171(2)(f)

power to carry out studies and commission reports

 CEO, DCD, MDS, PO

s.172C

power to compulsorily acquire any outer public purpose land that is specified in the approved infrastructure contributions plan

where Council is a development agency specified in an approved infrastructure contributions plan

 DWTS

s.172D(1)

power to compulsorily acquire any inner public purpose land that is specified in the plan before the time that the land is required to be provided to Council under s.46GV(4)

where Council is a collecting agency specified in an approved infrastructure contributions plan

 DWTS

s.172D(2)

power to compulsorily acquire any inner public purpose land, the use and development of which is to be the responsibility of Council under the plan, before the time that the land is required to be provided under s.46GV(4)

where Council is the development agency specified in an approved infrastructure contributions plan

 DWTS

s.171(2)(g)

power to grant and reserve easements

 CEO, DCD, MDS, PO

s.173(1)   

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

In Consultation with Council

 CEO, DCD, MDS, PO

s.173(1A)

power to enter into an agreement with an owner of land for the development or provision of land in relation to affordable housing

where Council is the relevant responsible authority

note: this provision is not yet in force and will commence on 1 June 2018, if not proclaimed earlier

 DWTS

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, MDS, PO

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, MDS, PO

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, MDS, PO

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, MDS, PO

s.178A(1)

function of receiving application to amend or end an agreement

 DCD, MDS, PO

s.178A(3)

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

 DCD, MDS, PO

s.178A(4)

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

 DCD, MDS, PO

s.178A(5)

power to propose to amend or end an agreement 

 DCD, MDS, PO

s.178B(1)

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

 DCD, MDS, PO

s.178B(2)

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

 DCD, MDS, 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 

 DCD, MDS, PO

s.178C(4)

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

 DCD, MDS, PO

s.178E(1)

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

 DCD, MDS, PO

s.178E(2)(a)  

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

If no objections are made under s.178D

Must consider matters in s.178B

 DCD, MDS, PO

s.178E(2)(b)  

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

If no objections are made under s.178D

Must consider matters in s.178B

 DCD, MDS, PO

s.178E(2)(c)  

power to refuse to amend or end the agreement

If no objections are made under s.178D

Must consider matters in s.178B

 DCD, MDS, PO

s.178E(3)(a)  

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

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

 DCD, MDS, PO

s.178E(3)(b)  

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

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

 DCD, MDS, PO

s.178E(3)(c)  

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

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

 DCD, MDS, PO

s.178E(3)(d)

power to refuse to amend or end the agreement

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

 DCD, MDS, PO

s.178F(1)