Delegation Code | Delegation Name/Description | Positions | Legislation |
---|
A22 | Act as an Authorised Officer – Land Registry Services Execute documents, as ‘authorised officer’ on behalf of Council, to enable registration at the NSW Land Registry Services to create, vary, modify, or release easements, restrictions caveats or covenants including positive covenants on title where Councils interests are full protected or in substance is not materially altered whether as a public authority or consent authority under any Act or Regulation. | 4 positions | |
A26 | Act as an Authorised Officer - Public Spaces (Unattended Property) Act Act as an Authorised Officer within the meaning of the Public Spaces (Unattended Property) Act 2021 and Regulations. | 16 positions | Public Spaces (Unattended Property) Act 2021 No 38
|
A04 | Act as an Authorised Person Act as an authorised person within the meaning of the Local Government Act 1993. | 64 positions | Local Government Act 1993
|
A07 | Act as an authorised person Authority to authorise an employee of the council as the appropriate roads authority to remove a vehicle, thing or container and take such other steps as may be necessary to protect the public and facilitate the free flow of traffic. | 16 positions | Road Transport Act 2013
|
A08 | Act as an Authorised Person Act as an authorised person within the meaning of the Roads Act 1993.
| 30 positions | Roads Act 1993
|
A09 | Act as an Authorised Person Act as an as an authorized officer for the purposes of the Swimming Pools Act 1992 and Regulations. | 23 positions | Swimming Pools Act 1992
|
A11 | Act as an Authorised Person Act as an authorised officer within the meaning of the Companion Animals Act 1998. | 9 positions | Companion Animals Act 1998
|
A12 | Act as an Authorised Person Act as an authorised officer within the meaning of the Protection of the Environment Operations Act 1997. | 33 positions | Protection of the Environment Operations Act 1997
|
A13 | Act as an Authorised Person Act as an authorised officer within the meaning of the Food Act 2003 | 10 positions | Food Act 2003
|
A16 | Act as an Authorised Person Act as an authorised inspector and enforcement officer under the Plumbing and Drainage Act 2011. | 32 positions | Plumbing and Drainage Act 2011
|
A25 | Act as an Authorised Person - Enforcement Functions (Fines) Act as an authorised person within the meaning of the Fines Act 1996 and Regulations. | 18 positions | Fines Act 1996
|
A20 | Act as an Authorised Person - EPA Act as an authorised person within the meaning of the Environmental Planning and Assessment Act 1979 and Regulations. | 11 positions | Environmental Planning and Assessment Act 1979 and Regulations
|
A15 | Act as an Authorised Person - Public Health Act as an authorised officer within the meaning of the Public Health Act 2010. | 15 positions | Public Health Act 2010
|
A19 | Act as an Authorised Person - Road Rules Act as an authorised person within the meaning of the Road Rules 2014 legislation. | 26 positions | Road Rules 2014 legislation
|
A18 | Act as an Authorised Person - Road Transport Act as an authorised person within the meaning of the Roads Transport Act 2013 and Regulations. | 15 positions | Road Transport Act 2013 and Regulations
|
A21 | Act as an Authorised Person - Surveillance Devices Act as an authorised person within the meaning of the Surveillance Devices Act 2007 and Regulations. | 23 positions | Surveillance Devices Act 2007
|
A06 | Appearance in local court Authority for an employee of the council appointed in writing by the GM to represent the council in all respects in proceedings in the local court and to institute and carry on any proceedings in the local court which the council is authorised to institute and carry on under the Local Government Act 1993. | 16 positions | Local Government Act 1993
|
A01 | Appointment of Investigation Officers - Environmental Planning and Assessment Act 1979 Exercise authority as a Council Investigation Officer and exerise authority to be an Authorised Person for the purposes of section 9.58 (Penalty notices as to certain offences). | 86 positions | Environmental Planning and Assessment Act 1979 Local Government Act 1993
|
A10 | Approval to submit Returns Approval to submit Environment and Waste Returns under section 88 the Protection of the Environment Operations Act 1997. | 5 positions | Protection of the Environment Operations Act 1997
|
A05 | Laying of informations Exercise authority to lay information in respect of any proceedings for an offence. | 44 positions | Local Government Act 1993
|
A27 | Native Title Management Consideration of Native Title implications. | 3 positions | Crown Land Management Regulation 2018 Crown Land Management Act 2016
|
A03 | Notice of Entry Exercise authority to give written notice to the owner or occupier of the premises of the intention to enter the premises and authority to give notification of the use of force or urgent entry to such persons or authorities as appear to the delegate to be appropriate in the circumstances. | 58 positions | Local Government Act 1993
|
A24 | Penalty Notices Authorisation to serve a penalty notice. | 21 positions | Local Government Act 1993
|
A02 | Powers of Entry Exercise Authority to enter any premises pursuant to the relevant Legislation. | 220 positions | Local Government Act 1993 Environmental Planning and Assessment Act 1979 Food Act 2003 Public Health Act 2010 Biosecurity Act 2015 Boarding House Act 2012 Companion Animals Act 1998 Plumbing and Drainage Act 2011 Swimming Pools Act 1992 Protection of the Environment Operations Act 1997
|
A28 | Public Officer Act as the Council’s Public Officer. | 1 position | Local Government Act 1993
|
A17 | Senior Responsible Officer - State Records Act as the Senior Responsible Officer to approve standards and codes of best practise for records management. | 3 positions | State Records Act 1998
|
Delegation Code | Delegation Name/Description | Positions | Legislation |
---|
C03 | Contracts Administer or authorise variations on contracts within Council's approved works and operational programs in the role of "Superintendents or Council Representative" provided variations are within the funds voted by Council. | 65 positions | |
C01(a) | Contracts & Expenditure
- In accordance with the Procurement Policy and Guidelines appoint consultants and/or firms/persons to contractual positions to undertake functions or arrangements approved by budget and/or created for particular purposes.
- Limit of authority for any one purchase of the assigned value to purchase goods or services for works already approved by Council where such goods or services are purchased pursuant to the provisions of the Local Government Act, 1993 and in accordance with the requirements of Procurement Policy and Guidelines within or below the following monetary limits: $500,000.
Ensuring any engagement of any contractor complies with the following:
- All Work Health and Safety requirements
- Insurances held by the contractor shall be current, in date and are recorded and meet minimum Council requirements for workers compensation and public liability,
- Contractor is formally inducted to the Council work site with the Induction recorded and retained in Council’s Records Management System,
- Any supplier will be sourced and engaged strictly in accordance with Council's Procurement Policy and Guidelines.
| 3 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C01(b) | Contracts & Expenditure
- In accordance with the Procurement Policy and Guidelines appoint consultants and/or firms/persons to contractual positions to undertake functions or arrangements approved by budget and/or created for particular purposes.
- Limit of authority for any one purchase of the assigned value to purchase goods or services for works already approved by Council where such goods or services are purchased pursuant to the provisions of the Local Government Act, 1993 and in accordance with the requirements of Procurement Policy and Guidelines within or below the following monetary limits: $250,000.
Ensuring any engagement of any contractor complies with the following:
- All Work Health and Safety requirements
- Insurances held by the contractor shall be current, in date and are recorded and meet minimum Council requirements for workers compensation and public liability,
- Contractor is formally inducted to the Council work site with the Induction recorded and retained in Council’s Records Management System,
- Any supplier will be sourced and engaged strictly in accordance with Council's Procurement Policy and Guidelines.
| 7 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C01(c) | Contracts & Expenditure
- In accordance with the Procurement Policy and Guidelines appoint consultants and/or firms/persons to contractual positions to undertake functions or arrangements approved by budget and/or created for particular purposes.
- Limit of authority for any one purchase of the assigned value to purchase goods or services for works already approved by Council where such goods or services are purchased pursuant to the provisions of the Local Government Act, 1993 and in accordance with the requirements of Procurement Policy and Guidelines within or below the following monetary limits: $150,000.
Ensuring any engagement of any contractor complies with the following:
- All Work Health and Safety requirements
- Insurances held by the contractor shall be current, in date and are recorded and meet minimum Council requirements for workers compensation and public liability,
- Contractor is formally inducted to the Council work site with the Induction recorded and retained in Council’s Records Management System,
- Any supplier will be sourced and engaged strictly in accordance with Council's Procurement Policy and Guidelines.
| 6 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C01(d) | Contracts & Expenditure
- In accordance with the Procurement Policy and Guidelines appoint consultants and/or firms/persons to contractual positions to undertake functions or arrangements approved by budget and/or created for particular purposes.
- Limit of authority for any one purchase of the assigned value to purchase goods or services for works already approved by Council where such goods or services are purchased pursuant to the provisions of the Local Government Act, 1993 and in accordance with the requirements of Procurement Policy and Guidelines within or below the following monetary limits: $100,000.
Ensuring any engagement of any contractor complies with the following:
- All Work Health and Safety requirements
- Insurances held by the contractor shall be current, in date and are recorded and meet minimum Council requirements for workers compensation and public liability,
- Contractor is formally inducted to the Council work site with the Induction recorded and retained in Council’s Records Management System,
- Any supplier will be sourced and engaged strictly in accordance with Council's Procurement Policy and Guidelines.
| 6 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C01(e) | Contracts & Expenditure
- In accordance with the Procurement Policy and Guidelines appoint consultants and/or firms/persons to contractual positions to undertake functions or arrangements approved by budget and/or created for particular purposes.
- Limit of authority for any one purchase of the assigned value to purchase goods or services for works already approved by Council where such goods or services are purchased pursuant to the provisions of the Local Government Act, 1993 and in accordance with the requirements of Procurement Policy and Guidelines within or below the following monetary limits: $50,000.
Ensuring any engagement of any contractor complies with the following:
- All Work Health and Safety requirements
- Insurances held by the contractor shall be current, in date and are recorded and meet minimum Council requirements for workers compensation and public liability,
- Contractor is formally inducted to the Council work site with the Induction recorded and retained in Council’s Records Management System,
- Any supplier will be sourced and engaged strictly in accordance with Council's Procurement Policy and Guidelines.
| 26 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C01(f) | Contracts & Expenditure
- In accordance with the Procurement Policy and Guidelines appoint consultants and/or firms/persons to contractual positions to undertake functions or arrangements approved by budget and/or created for particular purposes.
- Limit of authority for any one purchase of the assigned value to purchase goods or services for works already approved by Council where such goods or services are purchased pursuant to the provisions of the Local Government Act, 1993 and in accordance with the requirements of Procurement Policy and Guidelines within or below the following monetary limits: $25,000.
Ensuring any engagement of any contractor complies with the following:
- All Work Health and Safety requirements
- Insurances held by the contractor shall be current, in date and are recorded and meet minimum Council requirements for workers compensation and public liability,
- Contractor is formally inducted to the Council work site with the Induction recorded and retained in Council’s Records Management System,
- Any supplier will be sourced and engaged strictly in accordance with Council's Procurement Policy and Guidelines.
| 0 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C01(g) | Contracts & Expenditure
- In accordance with the Procurement Policy and Guidelines appoint consultants and/or firms/persons to contractual positions to undertake functions or arrangements approved by budget and/or created for particular purposes.
- Limit of authority for any one purchase of the assigned value to purchase goods or services for works already approved by Council where such goods or services are purchased pursuant to the provisions of the Local Government Act, 1993 and in accordance with the requirements of Procurement Policy and Guidelines within or below the following monetary limits: $20,000.
Ensuring any engagement of any contractor complies with the following:
- All Work Health and Safety requirements
- Insurances held by the contractor shall be current, in date and are recorded and meet minimum Council requirements for workers compensation and public liability,
- Contractor is formally inducted to the Council work site with the Induction recorded and retained in Council’s Records Management System,
- Any supplier will be sourced and engaged strictly in accordance with Council's Procurement Policy and Guidelines.
| 35 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C01(h) | Contracts & Expenditure
- In accordance with the Procurement Policy and Guidelines appoint consultants and/or firms/persons to contractual positions to undertake functions or arrangements approved by budget and/or created for particular purposes.
- Limit of authority for any one purchase of the assigned value to purchase goods or services for works already approved by Council where such goods or services are purchased pursuant to the provisions of the Local Government Act, 1993 and in accordance with the requirements of Procurement Policy and Guidelines within or below the following monetary limits: $10,000.
Ensuring any engagement of any contractor complies with the following:
- All Work Health and Safety requirements
- Insurances held by the contractor shall be current, in date and are recorded and meet minimum Council requirements for workers compensation and public liability,
- Contractor is formally inducted to the Council work site with the Induction recorded and retained in Council’s Records Management System,
- Any supplier will be sourced and engaged strictly in accordance with Council's Procurement Policy and Guidelines.
| 38 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C01(j) | Contracts & Expenditure
- In accordance with the Procurement Policy and Guidelines appoint consultants and/or firms/persons to contractual positions to undertake functions or arrangements approved by budget and/or created for particular purposes.
- Limit of authority for any one purchase of the assigned value to purchase goods or services for works already approved by Council where such goods or services are purchased pursuant to the provisions of the Local Government Act, 1993 and in accordance with the requirements of Procurement Policy and Guidelines within or below the following monetary limits: $2,000.
Ensuring any engagement of any contractor complies with the following:
- All Work Health and Safety requirements
- Insurances held by the contractor shall be current, in date and are recorded and meet minimum Council requirements for workers compensation and public liability,
- Contractor is formally inducted to the Council work site with the Induction recorded and retained in Council’s Records Management System,
- Any supplier will be sourced and engaged strictly in accordance with Council's Procurement Policy and Guidelines.
| 12 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C01(k) | Contracts & Expenditure
- In accordance with the Procurement Policy and Guidelines appoint consultants and/or firms/persons to contractual positions to undertake functions or arrangements approved by budget and/or created for particular purposes.
- Limit of authority for any one purchase of the assigned value to purchase goods or services for works already approved by Council where such goods or services are purchased pursuant to the provisions of the Local Government Act, 1993 and in accordance with the requirements of Procurement Policy and Guidelines within or below the following monetary limits: $1,000.
Ensuring any engagement of any contractor complies with the following:
- All Work Health and Safety requirements
- Insurances held by the contractor shall be current, in date and are recorded and meet minimum Council requirements for workers compensation and public liability,
- Contractor is formally inducted to the Council work site with the Induction recorded and retained in Council’s Records Management System,
- Any supplier will be sourced and engaged strictly in accordance with Council's Procurement Policy and Guidelines.
| 19 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C01(L) | Contracts & Expenditure
- In accordance with the Procurement Policy and Guidelines appoint consultants and/or firms/persons to contractual positions to undertake functions or arrangements approved by budget and/or created for particular purposes.
- Limit of authority for any one purchase of the assigned value to purchase goods or services for works already approved by Council where such goods or services are purchased pursuant to the provisions of the Local Government Act, 1993 and in accordance with the requirements of Procurement Policy and Guidelines within or below the following monetary limits: $3,000.
Ensuring any engagement of any contractor complies with the following:
- All Work Health and Safety requirements
- Insurances held by the contractor shall be current, in date and are recorded and meet minimum Council requirements for workers compensation and public liability,
- Contractor is formally inducted to the Council work site with the Induction recorded and retained in Council’s Records Management System,
- Any supplier will be sourced and engaged strictly in accordance with Council's Procurement Policy and Guidelines.
| 19 positions | |
C01(i) | Contracts and expenditure
- In accordance with the Procurement Policy and Guidelines appoint consultants and/or firms/persons to contractual positions to undertake functions or arrangements approved by budget and/or created for particular purposes.
- Limit of authority for any one purchase of the assigned value to purchase goods or services for works already approved by Council where such goods or services are purchased pursuant to the provisions of the Local Government Act, 1993 and in accordance with the requirements of Procurement Policy and Guidelines within or below the following monetary limits: $5,000.
Ensuring any engagement of any contractor complies with the following:
- All Work Health and Safety requirements
- Insurances held by the contractor shall be current, in date and are recorded and meet minimum Council requirements for workers compensation and public liability,
- Contractor is formally inducted to the Council work site with the Induction recorded and retained in Council's Records Management System,
- Any supplier will be sourced and engaged strictly in accordance with Council's Procurement Policy and Guidelines.
| 44 positions | |
C01(m) | Contracts and expenditure
- In accordance with the Procurement Policy and Guidelines appoint consultants and/or firms/persons to contractual positions to undertake functions or arrangements approved by budget and/or created for particular purposes.
- Limit of authority for any one purchase of the assigned value to purchase goods or services for works already approved by Council where such goods or services are purchased pursuant to the provisions of the Local Government Act, 1993 and in accordance with the requirements of Procurement Policy and Guidelines within or below the following monetary limits: $15,000.
Ensuring any engagement of any contractor complies with the following:
- All Work Health and Safety requirements
- Insurances held by the contractor shall be current, in date and are recorded and meet minimum Council requirements for workers compensation and public liability,
- Contractor is formally inducted to the Council work site with the Induction recorded and retained in Council's Records Management System,
- Any supplier will be sourced and engaged strictly in accordance with Council's Procurement Policy and Guidelines.
| 1 position | |
C02(a) | Tenders Invite tenders in consultation with the Finance Branch and in accordance with the Procurement Policy and Guidelines. | 62 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
C02(b) | Tenders
Determine the period a tender is to be open for submission of tenders (such period must be a minimum of 21 days).
Determine a later date for closing of a tender after it has been advertised where circumstances show that the deadline originally set may not allow sufficient time for meaningful tenders to be submitted. | 26 positions | |
F33 | Transfer of Funds Authorise the transfer of funds between activity centres subject to overall budget funding not exceeding the total of funds voted by the Council and report such transfers to the Executive within one month of the transfer being effected. | 16 positions | |
Delegation Code | Delegation Name/Description | Positions | Legislation |
---|
PD25 | Additional Information for DCP Exercise authority to request the owner of land to provide additional information for the purposes of making a development control plan (where an environmental planning instrument requires or permits such a plan to be prepared and submitted to the relevant planning authority). | 3 positions | Environmental Planning and Assessment Regulation 2021
|
PD27 | Additional information for modification application Exercise authority to request an applicant for modification of a development consent to provide the consent authority with additional information about the development that the consent authority considers necessary to properly consider the application for modification. | 2 positions | Environmental Planning and Assessment Regulation 2021
|
PD53 | Adjustment of Fees Adjust the fees for Subdivision, Construction Certificates and Development Applications and any other fee associated with the occupation and use of approved buildings where the circumstances are considered to be warranted for applications from community groups and charitable organisations and other special circumstances with the formal written concurrence of the Director Communities and Place. | 17 positions | |
PD35 | All functions - Public Works and Procurement Act 1912 Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 5 positions | Public Works and Procurement Act 1912
|
PD03 | All functions - Building Products (Safety) Act 2017 Exercise authority to perform on behalf of Council the Council's delegable functions under this Act and the Regulations in force and as amended from time to time. | 5 positions | Building Products (Safety) Act 2017
|
PD04 | All functions - Community Land Development Act 2021 Exercise authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 5 positions | Community Land Development Act 2021
|
PD05 | All functions - Community Land Management Act 2021 Exercise authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 7 positions | Community Land Management Act 2021
|
PD06 | All functions - Conveyancing Act 1919 Exercise authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 4 positions | Conveyancing Act 1919
|
PD28 | All functions - Heritage Act 1977 Exercise authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 12 positions | Heritage Act 1977
|
PD29 | All functions - Land and Environment Court Act 1979 Exercise authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 4 positions | Land and Environment Court Act 1979
|
PD30 | All functions - Liquor Act 2007 Exercsie authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 5 positions | Liquor Act 2007
|
PD49 | All functions - Local Land Services Act 2013 Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 7 positions | Local Land Services Act 2013
|
PD36 | All functions - Strata Schemes Development Act 2015 Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 5 positions | Strata Schemes Development Act 2015
|
PD58 | Allocate Street Names - Subdivisions In consultation with respective developers, allocate street names in new subdivisions subject to the requirements of the Geographical Names Board. | 8 positions | Roads Act 1993
|
PD48 | Annual Fire Safety Statements - Council Authority to issue and sign Annual Fire Safety Statements issued by or on behalf of the owner of a Council owned building. | 2 positions | |
PD16 | Application for Modification Exercise authority to determine an application for modification of a consent, in accordance with section 4.55 or 4.56 and to form the opinion that a modification is of minimal environmental impact. | 7 positions | Environmental Planning and Assessment Act 1979
|
PD47(b) | BANK GUARANTEES/CASH BONDS (Capital Works Officers/Engineers) To authorise the partial or complete release of a Bank Guarantee/Cash Bond received as security for performance of works under a contract for works or services as follows:
a) Capital Works Officer/Engineer/Project Manager –Certify the release of retention up to the value of $150,000 subject to the completion of the works to Council’s satisfaction and arrange with the Chief Financial Officer for the release of the bond or guarantee where no funds are due to Council.
b) Manager – up to the value of $1,000,000 subject to the completion of the works to Council’s satisfaction and arrange with the Chief Financial Officer for the release of the bond or guarantee where no funds are due to Council.
c) Director – greater than $1,000,000 subject to the completion of the works to Council’s satisfaction and arrange with the Chief Financial Officer for the release of the bond or guarantee where no funds are due to Council. | 24 positions | |
PD47(a) | BANK GUARANTEES/CASH BONDS (Development Officers and non engineering/project staff) Certify that works required under a bank guarantee or bond other than engineering works have been completed to the satisfaction of Council and arrange with the Chief Financial Officer for the release of the bond or guarantee. | 27 positions | |
PD18 | Building and Subdivision Certificates Exercise authority to issue Part 6 Certificates in accordance with Part 6 of the EP&A Act and all associated and ancillary functions including to require additional information. | 19 positions | Environmental Planning and Assessment Act 1979
|
PD22 | Building Certificates Exercise authority to decide to issue a building certificate in accordance with sections 6.26. | 2 positions | Environmental Planning and Assessment Act 1979
|
PD59 | Building Information Certificates Determine and issue an application for a Building Information Certificate. | 2 positions | Environmental Planning and Assessment Act 1979
|
PD02 | Carrying out certification work Exercise authority to carry out certification work of a class prescribed by the regulations that is done in the name of or on behalf of the council. | 8 positions | Building and Development Certifiers Act 2018
|
PD31 | Certificate as to classification of land Exercise authority to issue a certificate stating the classification of public land. | 3 positions | Local Government Act 1993
|
PD34 | Certificate as to notices Exercise authority to issue a certificate to an applicant as to whether there are any outstanding notices issued by the council under the Local Government Act 1993 in respect of any land within the council’s area. | 9 positions | Local Government Act 1993
|
PD46 | Class 1 Appeals Reach agreement or give consent to the disposing of a Class 1 Appeal, on behalf of the Council, during a conciliation conference pursuant except where the development application or section 96 application has been refused by Council resolution. | 2 positions | Land and Environment Court Act 1979
|
PD50 | Community Title water and sewer servicing arrangements Authorised to exercise the power to determine water and sewer servicing requirements for Community Title Developments. | 1 position | |
PD51 | Consent for State significant development
Determine a development application in respect of State significant development by –
a) granting consent to the application with such modifications of the proposed development or on such conditions as the consent authority may determine, or
b) refusing consent to the application. | 1 position | Environmental Planning and Assessment Act 1979
|
PD01 | Contracts for certification work Exercise authority to execute a written contract for certification work to be done in the name of or on behalf of the council. | 6 positions | Building and Development Certifiers Act 2018
|
PD14 | Contributions towards provision or improvement of amenities or services Exercise authority to impose conditions of development consent imposing developer contributions. | 10 positions | Environmental Planning and Assessment Act 1979
|
PD44 | Costs and expenses of studies Exercise authority to negotiate and sign an agreement on behalf of the council as the relevant planning authority with a person who requests the preparation of a planning proposal for the payment of the costs and expenses incurred by the authority in undertaking studies and other matters required in relation to the planning proposal. | 6 positions | Environmental Planning and Assessment Regulation 2021
|
PD60 | Crown Development Refuse or impose conditions of consent on a development application lodged by the Crown without the approval of the Minister. | 6 positions | Environmental Planning and Assessment Act 1979
|
PD11(a) | DA - Determinations and decisions subject to review Authority to conduct a review of a determination of an application for development consent, the modification of a development consent and the decision of a council to reject and not determine an application for development consent. | 7 positions | Environmental Planning and Assessment Act 1979
|
PD11(b) | DA - Determinations and decisions subject to review Determine an application for review of a determination provided the reviewer did not determine the application nor is subordinate to the position that made the determination which is the subject of the review. | 7 positions | Environmental Planning and Assessment Act 1979
|
PD10(c) | Determination - Complying Development Determine applications for complying development and issue or refuse complying development certificates on developments that are identified in an Environmental Planning Instrument as complying development provided that approval complies with the prescribed standards or the aims and objectives of Council’s Development Control Plans pursuant to the provisions of the Act. | 18 positions | Environmental Planning and Assessment Act 1979
|
PD10(a) | Determination of DA - Assessment Officer Determine Development Applications by approval or refusal, with or without conditions of consent under State and Council’s Environmental Planning Instruments Policies and Codes where applications can be made to comply by conditions of consent in accordance with Council’s policies except as follows:
(a) A value exceeding $5 million.
(b) An advertised Development Application has received a submission by way of any objection, other than where the objection can be satisfied by the imposition conditions addressing the intent of the objection/s where relevant.
(c) The proposed development, although not advertised, is considered by the General Manager to be of a contentious or special nature.
(d) Matters require concurrence of the Minister under the Act.
(e) Major developments on Council Property.
(f) Designated developments.
(g) Applications requiring a legal agreement with Council not already executed by the applicant with the formal written concurrence of the Director Communities and Place. | 8 positions | Environmental Planning and Assessment Act 1979
|
PD10(b) | Determination of DA - Town Planner Determine Development Applications by approval or refusal, with or without conditions of consent under State and Council’s Environmental Planning Instruments Policies and Codes where applications can be made to comply by conditions of consent in accordance with Council’s policies except as follows:
(a) A value exceeding $20 million.
(b) An advertised Development Application has received a submission by way of any objection, other than where the objection can be satisfied by the imposition conditions addressing the intent of the objection/s where relevant.
(c) The proposed development, although not advertised, is considered by the General Manager to be of a contentious or special nature.
(d) Matters require concurrence of the Minister under the Act.
(e) Major developments on Council Property.
(f) Designated developments.
(g) Applications requiring a legal agreement with Council not already executed by the applicant with the formal written concurrence of the Director Communities and Place. | 14 positions | Environmental Planning and Assessment Act 1979
|
PD10(e) | Development Consent Approvals (other) - Assessment Officers a. Vary Council’s Policies and Codes including Development Control Plans relating to Planning & Environment matters where the underlying objectives of Plans, Policies and Codes can be met, notwithstanding departure from strict compliance with requirements established in the Policy documents where a submission by way of objection can be satisfied by conditions of Consent.
b. Approve applications which vary only to a minor extent from Council's Planning Instruments, Policies and Codes and where a submission by way of objection can be satisfied by conditions of consent.
c. Assume the concurrence of the Planning Secretary Department of Planning and Environment variations in accordance with Clause 4.6 of the Wingecarribee Shire Council Local Environmental Plan 2010.
d. Refuse Development Applications that do not comply with relevant Planning Instruments, Codes or Policies, where outstanding information has not been provided within a reasonable period of time or where the development is prohibited.
e. Approve Development Applications involving Community Land, classified as such by resolution of Council, other than those matters listed in Section 47E. | 2 positions | Local Government Act 1993
|
PD55 | Development Control of Koala Habitats Determine a development application in accordance with Part 3.2 and associated guidelines. | 18 positions | State Environmental Planning Policy (Biodiversity and Conservation) 2021
|
PD09 | Evaluation of DA
Exercise authority to carry out the functions of the council as consent authority associated with the administration and evaluation of an application for development consent. | 4 positions | Environmental Planning and Assessment Act 1979
|
PD12 | Extension of lapsing period Authority to determine an application for a 1-year extension of a consent in accordance with section 4.54. | 27 positions | Environmental Planning and Assessment Act 1979
|
PD75 | Heritage Exemption Requests Authority to determine heritage exemption requests in accordance with section 5.10(3) of the Wingecarribee Local Environmental Plan 2010. | 3 positions | |
PD07(a) | LEP Planning Proposals Exercise authority to carry out the steps associated with the making of a local environmental plan, as the planning proposal Exercise authority, including preparing a planning proposal, requiring the owner to carry out studies or provide other information or pay the costs of the Exercise authority, carrying out community consultation and forwarding a planning proposal to the Minister (or the Greater Sydney Commission), in accordance with Part 3, Division 3.4 of the EP&A Act. | 6 positions | Environmental Planning and Assessment Act 1979
|
PD24 | Local Strategic Planning Statement Exercise authority to prepare, on behalf of the council, a Local Strategic Planning Statement in respect of its area. | 6 positions | Environmental Planning and Assessment Act 1979
|
PD07(b) | Making of local environmental plan by local plan-making authority Make or decide not to make a local environmental plan (LEP) or defer the inclusion of a matter in the proposed LEP or specify matters for compliance prior to reconsideration of the LEP. | 6 positions | Environmental Planning and Assessment Act 1979
|
PD10(d) | Modification - Complying Development Determine applications to modify a Compliant Development. | 19 positions | |
PD57 | Name and number Public Roads Name and number all public roads for which Council is the road's authority subject to the requirements of the Geographical Names Board. | 5 positions | Roads Act 1993
|
PD52 | Nominated Planning Officer Be Council's nominated Planning Officer in accordance with Section 2.4. | 13 positions | Environmental Planning and Assessment Act 1979
|
PD26 | Notice of voluntary surrender Exercise authority to carry out all functions of the Council as consent authority associated with the determination of a notice of voluntary surrender. | 2 positions | Environmental Planning and Assessment Regulation 2021
|
PD20 | Part 5 consideration Exercise authority, on behalf of the council as the determining authority in relation to an activity under Part 5, to examine and take into account to the fullest extent possible all matters affecting or likely to affect the environment by reason of that activity in accordance with section 5.5 and Part 7 of the Biodiversity Conservation Act 2016. | 7 positions | Environmental Planning and Assessment Act 1979
|
PD23 | Payment of Security Exercise authority to accept payment of security, by way of either a deposit or bank guarantee, authorise the drawing of any monies paid as security and authorise the release of any payment of security by an applicant pursuant to a condition of development consent imposed. | 11 positions | Environmental Planning and Assessment Act 1979
|
PD21 | Planning Certificates
Exercise authority to determine, issue or revoke a planning certificate, complying development certificate or subdivision certificate in accordance with sections 4.28, 6.4 and 10.7 of the EP&A Act. | 10 positions | Environmental Planning and Assessment Act 1979
|
PD62 | Post-consent provisions Modification of consents—generally
In accordance with Councils adopted policies and requirements:
1. Modifications involving minor error, misdescription or miscalculation
2. Modifications involving minimal environmental impact
3. Other modifications | 13 positions | Environmental Planning and Assessment Act 1979
|
PD15 | Preparation of contributions plan Exercise authority to prepare a draft contributions plan in accordance with section 7.18 | 7 positions | Environmental Planning and Assessment Act 1979
|
PD08 | Prepare DCP Exercise authority to prepare, on behalf of the council as the relevant planning Exercise authority, a development control plan in accordance with Division 3.6. | 5 positions | Environmental Planning and Assessment Act 1979
|
PD19 | Principal Certifier Exercise authority to act on behalf of the council as the principal certifier appointed in respect of building or subdivision work under Part 6. | 4 positions | Environmental Planning and Assessment Act 1979
|
PD45 | Refund in respect of DAs or associated applications Authorise the giving of a refund in respect of fees paid by an applicant for a development application, construction certificate or section 4.55 modification | 2 positions | |
PD17 | Revocation or modification of consent Exercise authority to revoke or modify a development consent in accordance with section 4.57. | 2 positions | Environmental Planning and Assessment Act 1979
|
PD32 | Section 68 - Approvals Exercise authority to reject a unclear or illegible application for approval for an activity specified in the table to section 68, or to determine such an application, or an application to amend, extend, renew, revoke or modify such an approval and in determining such an application, to give directions in response to an objection. | 16 positions | Local Government Act 1993
|
PD33 | Section 68 - Withdrawals Exercise authority to authorise a refund in respect of fees paid by an applicant in respect of an application for a Section 68 Activity approval which is withdrawn. | 12 positions | Local Government Act 1993
|
PD61 | State Significant Development Determine any State significant development application by approval or refusal with or without conditions of development consent. | 5 positions | Environmental Planning and Assessment Act 1979
|
PD56 | Street Names To determine street names in accordance with Council policy and report to Council on names and locations of all new streets. | 11 positions | |
PD39 | Swimming Pools - Authority to carry out inspection Exercise authority to carry out inspection of swimming pool, including on request of owner and charge a fee. | 2 positions | Swimming Pools Act 1992
|
PD40 | Swimming Pools - Authority to issue a certificate of compliance Exercise authority to issue a certificate of compliance and charge a fee. | 2 positions | Swimming Pools Act 1992
|
PD43 | Swimming Pools - Determine applications for Certificate of Compliance Determine applications for a certificate of compliance and for an exemption from the barrier requirements. | 2 positions | Swimming Pools Act 1992
|
PD37 | Swimming Pools - Direction to Comply Exercise authority to serve a direction requiring compliance with the access to swimming pools provisions. | 2 positions | Swimming Pools Act 1992
|
PD38 | Swimming Pools - Exemption from Compliance Exercise authority to grant an exemption from all or any of the requirements of the access to swimming pools provisions, unconditionally or subject to conditions. | 2 positions | Swimming Pools Act 1992
|
PD41 | Swimming Pools - Investigation of Complaint Exercise authority to investigate a complaint of non-compliance with the Act or Regulations. | 2 positions | Swimming Pools Act 1992
|
PD42 | Swimming Pools - Issue a certificate of Non-Compliance Exercise authority to be satisfied/ not satisfied on behalf of the local authority that the requirements for the issue of a certificate of compliance have been met, and issue a notice and/or certificate of non-compliance. | 2 positions | Swimming Pools Regulation 2018
|
PD13 | Voluntary Planning Agreements Exercise authority to negotiate, enter into, or agree to the revocation or amendment of, a voluntary planning agreement. | 15 positions | Environmental Planning and Assessment Act 1979
|
PD54 | Works in Kind agreements Determine, authorise and execute Works in Kind agreements in relation to works to be carried out provided such agreements are beneficial to Council and consistent with the provisions of adopted Plans of Council. | 13 positions | Environmental Planning and Assessment Act 1979
|
Delegation Code | Delegation Name/Description | Positions | Legislation |
---|
F08 | Adjustment of rates following change in category of land Exercise authority to make an appropriate adjustment of rates paid or payable following a change in the category of rateable land. | 4 positions | Local Government Act 1993
|
F13 | Certificate as to Rates & Charges Exercise authority to issue a certificate as to the amount (if any) due or payable to the council, by way of rates, charges or otherwise, in respect of a parcel of land. | 6 positions | Local Government Act 1993
|
F26 | Concessions for Pensioners Authority to order that a person is taken to be an eligible pensioner and to order that a person is taken to be solely liable in respect of the land on which the dwelling it situated. | 6 positions | Local Government Act 1993
|
F14 | Enter an arrangement with a ratepayer Enter a reasonable arrangement with a ratepayer regarding the payment of outstanding rate debt, in accordance with the Council’s adopted Rates Policy. | 9 positions | |
F22 | Garbage Service Exemptions To determine any requests for garbage service exemptions with the provision that any appeals against such determinations be referred to the Director. | 2 positions | |
F16 | Land valuation Exercise the Council’s functions under the Valuation of Land Act 1916, including the making of applications for the valuation of land within the Council’s local government area. | 7 positions | Valuation of Land Act 1916
|
F12 | Liability of eligible pensioners Exercise authority to waive or reduce a rate, charge or interest in respect of land on which a dwelling is situated for an eligible pensioner and/or due by any person prescribed by the regulations who is in receipt of a pension, benefit or allowance under the Social Security Act 1991 of the Commonwealth. | 6 positions | Local Government Act 1993
|
F11 | Notice to occupier re unpaid rates Exercise authority to serve a notice on the occupier of land in relation to unpaid rates or charges. | 4 positions | Local Government Act 1993
|
F09(a) | Payment of rates and charges - agreement Authority to accept payment of rates and charges in accordance with an agreement. | 10 positions | Local Government Act 1993
|
F09(b) | Payment of rates and charges – agreement interest Authority to write off or reduce interest accrued on rates or charges where a ratepayer complies with an agreement. | 4 positions | Local Government Act 1993
|
F10(a) | Payment of rates and charges – interest raised in error Authority to reverse interest charges up to $250.00 where it can be established that they have been raised in error. | 4 positions | Local Government Act 1993 Local Government (General) Regulation 2021
|
F10(b) | Payment of rates and charges – write off of rates To approve the write off of rates,water/sewer charges and other revenue where such write off is authorised under the Act to an amount equal to or less than $3,000. | 2 positions | Local Government Act 1993
|
F21 | Pensioner rebates Authorise Rate, Water and Sewer rate rebates in accordance with Council's adopted policies for eligible pensioners. | 5 positions | Local Government Act 1993
|
F24 | Postponement of Rates To inspect, determine and refer applications for postponed rates to the Valuer General. | 6 positions | Local Government Act 1993
|
F20 | Rating Categories To determine the eligibility of rating and rate categories for all parcels of land. | 4 positions | |
F27 | Re-determination on partial changes of circumstances Authority to make a due adjustment to the rates payable, or apply the provisions postponing rates and to to verify the eligibility of the rateable person for a reduction in a subsequent rate as prescribed by the regulations and reduce the subsequent rate. | 4 positions | Local Government Act 1993
|
F15 | Review an arrangement with a ratepayer Review a determination regarding a reasonable arrangement for the payment of outstanding rate debt, in accordance with the Council’s adopted Rates Policy. | 10 positions | |
Delegation Code | Delegation Name/Description | Positions | Legislation |
---|
RE05 | Act in Court Proceedings Exercise authority to act in any local court appeal proceedings in relation to companion animals, including appeal proceedings against the making of a dangerous dog declaration or refusal to revoke a dangerous dog declaration and an appeal to the District Court against disqualification from owning a dog or cat. | 2 positions | Companion Animals Act 1998
|
RE10 | All functions - Crown Land Management Act 2016 and Crown Land Management Regulation 2018 Exercise authority to perform on behalf of Council the Council's delegable functions under this Act and the Regulations in force and as amended from time to time. | 16 positions | Crown Land Management Regulation 2018 Crown Land Management Act 2016
|
RE15 | All functions - Food Act 2003 & Food Regulation 2015 Exercise authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 2 positions | Food Act 2003 Food Regulation 2015
|
RE17 | All functions - Inclosed Lands Protection Act 1901 Exercise authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 2 positions | Inclosed Lands Protection Act 1901
|
RE19 | All functions - Public Health Act 2010 Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 16 positions | Public Health Act 2010
|
RE16 | All functions - Public Spaces (Unattended Property) Act 2021 Exercise authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 9 positions | Public Spaces (Unattended Property) Regulation 2022 Public Spaces (Unattended Property) Act 2021
|
RE18 | Carry out work required by Order Exercise authority to do or arrange to be done through the Council’s employees, contractors or agents, all such things as are necessary or convenient to give effect to the terms of an order issued by the Council including the carrying out of any work required by the order and recover expenses incurred and otherwise give effect to the functions provided for in section 678. | 8 positions | Local Government Act 1993
|
G23(d) | CCTV - Surveillance Collect information for lawful purposes by:
• install, move and operate CCTV and Portable Surveillance cameras;
• view images;
• transfer or make a copy of the recorded images. | 31 positions | Surveillance Devices Act 2007
|
RE06 | Commence Court Proceedings Exercise authority, subject to the GM's consent, to institute and carry on proceedings in the Local Court for an offence against the Companion Animals Act 1998. | 2 positions | Companion Animals Act 1998
|
RE02 | Companion Animals killed by Traffic Exercise authority to act in relation to companion animals killed by traffic. | 8 positions | Companion Animals Act 1998
|
RE13 | Compliance Cost Notices Exercise authority on behalf of the relevant enforcement authority that gives a Development Control Order to serve on the other person a compliance cost notice and to recover any unpaid amount as a debt in accordance with Schedule 5, clause 37. | 8 positions | Environmental Planning and Assessment Act 1979
|
RE03 | Enforcement and Regulatory functions Exercise the Council's enforcement and regulatory functions under the Protection of the Environment and Operations Act 1997, including:
a) issuing a clean up direction;
b) issuing a prevention notice;
c) issuing a compliance cost notice;
d) revoking a smoke abatement notice given by an authorised officer;
e) issuing a notice requiring the production of information and records; and
f) issuing, revoking or varying a noise control notice. | 38 positions | Protection of the Environment Operations Act 1997
|
RE25 | Enforcement Officer - Protection of the Environment Operations (General) Regulation Act as an enforcement officer within the meaning of the Protection of the Environment Operations (General) Regulation | 12 positions | Protection of the Environment Operations (General) Regulation 2021
|
RE07 | Fees & charges - Companion Animals Authorise any fee or charge payable under the Companion Animals Act 1998:
(a) to be paid by instalments, and
(b) to be reduced or waived in respect of persons in receipt of a pension, benefit or allowance under the Social Security Act 1991 of the Commonwealth. | 2 positions | Companion Animals Act 1998
|
RE20 | Give a direction under the Roads Act Authority to give a direction under Part 7. | 6 positions | Roads Act 1993
|
RE11 | Investigation Authority Powers Exercise authority to perform on behalf of Council the Council's delegable Functions as an “investigation authority” under Division 9.2, including:
• Authority to give the owner or occupier of premises written notice of the intention of an investigation officer to enter the premises, in accordance with section 9.17.
• Authority to authorise in writing (either generally on in a particular case) entry without notice if entry is required urgently in accordance with section 7.17(4)(d).
• Authority to give notice that an investigation officer used force for the purpose of gaining entry to premises in accordance with section 9.21(2).
• Authority to require a corporation to nominate a director or officer of the corporation in accordance with section 9.23(2).
• Authority to give the owner or occupier of premises written notice requiring the owner/occupier to provide reasonable assistance and facilities to an investigation officer in accordance with section 9.27.
• Authority to recover the reasonable costs of entry and inspection from the owner or occupier of the premises in accordance with section 9.29. | 53 positions | Environmental Planning and Assessment Act 1979
|
RE30 | Issue Notices and Development Control Orders Issue Notices and Development Control Orders:
a. General orders in accordance with the table to Part 1 of Schedule 5,
b. Fire safety orders in accordance with the table to Part 2 of Schedule 5,
c. Brothel closure orders in accordance with the table to Part 3 of Schedule 5.
d. To hear and consider representations in respect of notices of intention to give orders pursuant to the provisions of Schedule 5
e. To modify Orders pursuant to the provisions of Schedule 5
f. To revoke Orders pursuant to the provisions of Schedule 5
g. To issue Certificates as to Orders pursuant to Schedule 5 | 32 positions | Environmental Planning and Assessment Act 1979
|
RE23(a) | Issue notices, orders & directions - General Issue notices, orders and directions under the:
• Local Government Act 1993 and Local Government (General) Regulation 2021;
• Protection of the Environment Operations Act 1997 and Regulations;
• Roads Act 1993 and Road Regulation 2018;
• Public Spaces (Unattended Property) Act 2021 and Public Spaces (Unattended Property) Regulation 2022 • Road Transport Act 2013 | 36 positions | Local Government Act 1993 Local Government (General) Regulation 2021 Protection of the Environment Operations Act 1997 and Regulations Roads Act 1993 Roads Regulation 2018 Public Spaces (Unattended Property) Act 2021 Public Spaces (Unattended Property) Regulation 2022 Road Transport Act 2013
|
RE23(c) | Issue notices, orders, penalties and directions - Building & Assessment Issue notices, orders, penalties and directions under the:
• Environmental Planning and Assessment Act 1979 and Regulations;
• Local Government Act 1993 and Local Government (General) Regulation 2021;
• Swimming Pools Act 1992 and Swimming Pool Regulation2018. | 2 positions | Environmental Planning and Assessment Act 1979 and Regulations Local Government Act 1993 Local Government (General) Regulation 2021 Swimming Pools Act 1992 Swimming Pools Regulation 2018
|
RE23(b) | Issue notices, orders, penalties and directions - Environmental Services Issue notices, orders, penalties and directions under the:
• Environmental Planning and Assessment Act 1979 and Regulations;
• Local Government Act 1993 and Local Government (General) Regulation 2021;
• Swimming Pools Act 1992 and Swimming Pool Regulation 2018;
• Protection of the Environment Operations Act 1997 and Regulations;
• Public Health Act 2010 and Public Health Regulation 2022 • Food Act 2003 and Food Act Regulation 2015;
• Companion Animals Act 1998 and Companion Animals Regulation2018;
• Roads Act 1993 and Roads Regulation2018;
• Public Spaces (Unattended Property) Act 2021; and Public Spaces (Unattended Property0 Regulation 2022 • Road Transport Act 2013 and Regulations | 16 positions | Environmental Planning and Assessment Act 1979 and Regulations Local Government Act 1993 Local Government (General) Regulation 2021 Swimming Pools Act 1992 Swimming Pools Regulation 2018 Protection of the Environment Operations Act 1997 and Regulations Public Health Act 2010 Public Health Regulation 2022 Food Act 2003 Food Regulation 2015 Companion Animals Act 1998 Companion Animals Regulation 2018 Roads Act 1993 Roads Regulation 2018 Public Spaces (Unattended Property) Act 2021 Public Spaces (Unattended Property) Regulation 2022 Road Transport Act 2013 and Regulations
|
RE09 | Notice for permit Exercise authority to give the owner of a companion animal a notice requiring the owner to apply for a Permit under Part 2A. | 2 positions | Companion Animals Act 1998
|
RE01 | Notice Requiring registration Exercise authority to issue a notice requiring a companion animal to be registered. | 8 positions | Companion Animals Act 1998
|
RE08 | Notify nuisance dog or cat order Exercise authority to notify Director General of issuing of nuisance dog or cat order. | 2 positions | Companion Animals Act 1998
|
RE23(d) | Obtain personal details Authorised to take the name and address of any person reasonably suspected to be committing an offence under the following legislation:
• Environmental Planning and Assessment Act 1979 and Regulations;
• Local Government Act 1993 and Local Government (General) Regulation 2021;
• Swimming Pools Act 1992 and Swimming Pools Regulation 2018;
• Protection of the Environment Operations Act 1997 and Regulations;
• Public Health Act 2010 and Public Health Regulation2015;
• Food Act 2003 and Food Regulation 2015;
• Companion Animals Act 1998 and Companion Animals Regulation 2018;
• Roads Act 1993 and Roads Regulation 2018;
• Public Spaces (Unattended Property) Act 2021 and Public Spaces (Unattended Property) Regulation2022; and
• Road Transport Act 2013 and Regulations | 19 positions | Environmental Planning and Assessment Act 1979 and Regulations Local Government Act 1993 Local Government (General) Regulation 2021 Swimming Pools Act 1992 Swimming Pools Regulation 2018 Protection of the Environment Operations Act 1997 and Regulations Public Health Act 2010 Public Health Regulation 2022 Food Act 2003 Food Regulation 2015 Companion Animals Act 1998 Companion Animals Regulation 2018 Roads Act 1993 Roads Regulation 2018 Public Spaces (Unattended Property) Act 2021 Public Spaces (Unattended Property) Regulation 2022 Road Transport Act 2013 and Regulations
|
RE26 | Offences
Exercise Council's functions under -
• Part 1 (General offences)
• Part 2 (Public Places)
• Part 5 (Parking) | 7 positions | Local Government Act 1993
|
RE27 | Orders Issue notices of intent to issue orders and hear and consider representations. | 41 positions | Local Government Act 1993
|
RE12 | Power of Investigation Officers Authority to exercise Council's functions under Division 9.3 as the relevant enforcement authority in relation to a matter connected with an investigation. | 15 positions | Environmental Planning and Assessment Act 1979
|
RE22 | Private Roads Exercise authority to direct the owner of a private road (other than a classified road) to carry out such work as is necessary to prevent the road from becoming unsafe or unsightly. | 7 positions | Roads Act 1993
|
RE14 | Proceedings for offences Exercise authority to commence and conduct proceedings for an offence against the EP&A Act or Regulations in accordance with section 9.57. | 14 positions | Environmental Planning and Assessment Act 1979
|
RE04 | Revoke Declaration - Dangerous Dogs Exercise authority to revoke a dangerous dog declaration in accordance with section 39 and revoke a declaration by an authorised officer that a dog is a restricted dog in accordance with section 58D, and give notice of revocation or of non revocation. | 2 positions | Companion Animals Act 1998
|
RE29 | Revoke or Cancel a Penalty Infringement Notice Exercise authority to revoke or cancel any Penalty Infringement Notice issued by a Council officer. | 3 positions | |
RE21 | Road Widening Exercise authority to:
a) submit to the Minister for Roads and Ports a proposed plan for the widening of a public road in accordance with section 22
b) make a road widening order in accordance with section 25
c) revoke or vary a road widening order in accordance with section 27
d) grant consent for the carrying out minor repairs or improvements to a building in accordance with section 26
e) direct an owner of land (where a person constructs, replaces or repairs a building or work on land affected by a road widening order in contravention of section 26) to carry out such work as is necessary to restore the land to the state it was in before the contravention occurred in accordance with section 26(4). | 7 positions | Roads Act 1993
|
RE24 | Sale, destruction or release of an animal taken into possession Authorise the sale or destruction of a surrendered animal, or animal taken into possession under the Companion Animals Act 1998 or the release of any item taken into possession under the Public Spaces (Unattended Property) Act 2021. | 8 positions | Companion Animals Act 1998 Public Spaces (Unattended Property) Act 2021
|
RE28 | Water, sewerage and stormwater drainage offences Issue notices under Chapter 16 Part 3. | 31 positions | Local Government Act 1993
|
Delegation Code | Delegation Name/Description | Positions | Legislation |
---|
WS02 | All functions - Dams Safety Act 2015 Authority to exercise and/or perform on behalf of Council the Council’s delegable Functions under this Act and the Regulations in force and as amended from time to time. | 2 positions | Dams Safety Act 2015
|
WS04 | All functions - Fluoridation of Public Water Supplies Act 1957 Authority to exercise and/or perform on behalf of Council the Council’s delegable Functions under this Act and the Regulations in force and as amended from time to time. | 2 positions | Fluoridation of Public Water Supplies Act 1957
|
WS23 | All functions - Pipelines Act 1967 Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 2 positions | Pipelines Act 1967
|
WS25 | All functions - Water Management Act 2000 Authority to exercise and/or perform on behalf of Council, and as a water supply authority, the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time. | 8 positions | Water Management Act 2000
|
WS30 | Altering position of conduits Authority to serve a notice requiring the alteration of a conduit and make the alteration. | 4 positions | Water Management Act 2000
|
WS26 | Authority to seek Minister's approval Authority to seek Minister's approval for construction of public protective works. | 2 positions | |
WS29 | Break up roads Authority to give notice to persons and open and break a public road | 1 position | Water Management Act 2000
|
WS33 | Certificate of Compliance Authority to impose certain requirements before granting a certificate of compliance and grant, or refuse to grant, a certificate of compliance. | 2 positions | Water Management Act 2000
|
WS03 | Cessation of utilities Authority to make application, or instruct the Council’s lawyers, to make an application, to the Local Court or the Land & Environment Court for an order directing that a provider of water, electricity or gas to cease to provide those services | 2 positions | Environmental Planning and Assessment Act 1979
|
WS27 | Commercial Operations Authority to seek the approval of the Governor and enter into commercial arrangements on behalf of the Council as a water supply authority. | 2 positions | |
WS34 | Connections Authority to publish a notice of the availability of a water main or sewer main, make a connection at the expense of a landowner and recover any amount due for the connection. | 2 positions | Water Management Act 2000
|
WS12 | Connections to council's sewerage system Authority to carry out works and provide connections and impose a charge sufficient to meet the cost of the work or materials. | 2 positions | Local Government (General) Regulation 2021
|
WS10 | Cutting off or restricting water supply Authority to cut off or restrict the supply of water to premises and refuse to supply water to premises. | 2 positions | Local Government (General) Regulation 2021
|
WS01 | Dams Safety NSW Authority on behalf of Council to enter into an arrangement with Dams Safety NSW. | 2 positions | Dams Safety Act 2015
|
A23 | Delegation - Plumbing and Drainage
To exercise all responsibilities and functions of Council as delegated. | 46 positions | Plumbing and Drainage Act 2011
|
WS22 | Developer contributions for water management works Authority to serve a notice on an applicant requiring the applicant to pay a contribution towards the cost of water management works and/or construct water management works. Authority to be satisfied that a requirement has been complied with and to grant or refuse a certificate of compliance for development. | 3 positions | Water Management Act 2000
|
WS28 | Entry on land Authority to authorise a person to enter land to read meters, carry out works or undertaking inspections. | 2 positions | Water Management Act 2000
|
WS32 | Finding source of pollution of water supply Authority to give notice to a person, and try to find the source of pollution, and recover expenses. | 1 position | Water Management Act 2000
|
WS08 | Fire Hydrants Authority to exercise and/or perform the Council's functions in relation to fire hydrants | 2 positions | Local Government (General) Regulation 2021
|
WS05 | Fluoridation of public water supplies Authority to carry out the council's functions under the Fluoridation of Public Water Supplies Act 1957 and Fluoridation of Public Water Supplies Regulation 2022 including authority to apply to the Secretary of the Department of Health for approval to add fluorine to any public water supply under Councils control and to allow a qualified operator to add fluorine to such water supply in accordance with such approval or direction, the Act and Regulation. | 1 position | Fluoridation of Public Water Supplies Act 1957
|
WS17 | Hire of meters Authority to enter into an agreement for the hire of a water meter from the Council. | 1 position | |
WS09 | Inspection of pipes Authority to inspect pipes and drains and measurement of water and sewage. | 8 positions | Local Government (General) Regulation 2021
|
WS14 | Laying of house service pipes Authority to authorise the laying of a house service pipe at a depth less than that required by the Plumbing Code of Australia. | 4 positions | |
WS11 | New sewer or stormwater drain to be constructed if less costly Authority to hold the belief in relation to the cost of existing sewers or stormwater drains and construct a new sewer or stormwater drain, and serve an order on the owners or occupiers of premises concerned. | 3 positions | Local Government (General) Regulation 2021
|
WS24 | Object to compulsory acquisition of land or easement (Pipelines Act 1967) Authority to make a written objection to the Minister in respect of a proposed compulsory acquisition. | 2 positions | |
WS31 | Obstruction of works Authority to apply for and obtain an injunction. | 2 positions | Water Management Act 2000
|
WS21 | Ownership of water supply, sewerage and stormwater drainage works Authority to operate, repair, replace, maintain, remove, extend, expand, connect, disconnect, improve or do any other things that are necessary or appropriate to any of its works to ensure that, in the opinion of the person delegated this authority, the works are used in an efficient manner for the purposes for which the works were installed. | 2 positions | |
WS13 | Premises to be connected to water supply Authority to exercise and/or perform the Council’s functions in relation to the connection of premises to water supply by an independent house service pipe. | 2 positions | |
WS06 | Restriction to Water Supply Authority to form an opinion that the available stored water or capacity of a water supply system is insufficient and publish a notice. | 2 positions | Local Government (General) Regulation 2021
|
WS15 | Security of water meters Authority to require the owner of premises to protect a water meter, approve a lock and key, and require the key to be deposited with the Council. | 3 positions | |
WS18 | Testing of meters Authority to arrange for a water meter to be examined and tested, require an owner to rectify or replace a meter found to be defective and enter into a special contract to regulate the supply of water while a meter is being rectified or replaced. | 1 position | |
WS19 | Unmetered premises Authority enter into a special contract or give permission for an occupier of unmetered premises to use water other than for domestic purposes. | 2 positions | |
WS16 | Water meter for one premises Authority to permit a meter to measure water supplied to a premises and another premises. | 1 position | |
WS20 | Water supply (Construction of Works) Authority to apply to the Minister of Primary Industries for the Minister to construct works of water supply, sewerage or stormwater drainage. | 2 positions | Public Works and Procurement Act 1912
|
WS07 | Works constructed to serve 2 or more councils Authority to agree the convenient point to supply water to another council. | 2 positions | Local Government (General) Regulation 2021
|
Delegation Code | Delegation Name/Description | Positions | Legislation |
---|
W39 | Additional Powers Carry out the directions of the Minister to take such action, or to forbear from taking such action, with respect to the regulation of traffic on a public road as may be specified in the order. Such an order may be given whether or not the roads authority is otherwise empowered to regulate traffic in the manner specified in the order. | 4 positions | Roads Act 1993
|
W07 | Cause a temporary public road to be closed Exercise authority to cause a temporary public road to be closed by publishing a notice in the Gazette. | 7 positions | Roads Act 1993
|
W41 | Cemeteries - Heritage Advisory Committee Authority to establish a heritage advisory committee, appoint a chairperson and to seek advice of the committee.
| 3 positions | Cemeteries and Crematoria Act 2013
|
W40 | Cemeteries - Notices, Orders and Undertakings Authority to take any actions to comply with an improvement notice in accordance with section 33 or short term order in accordance with section 36 issued by the Cemetery Agency. Authority to give, withdraw or vary an enforceable undertaking in accordance with section 39 and report to the Cemeteries Agency as required by a notice in accordance with section 41 pursuant to Cemeteries and Crematoria Act 2013 comply with notice/order.
| 1 position | Cemeteries and Crematoria Act 2013
|
W01 | Cemeteries Register Exercise authority to notify the Cemeteries Agency in relation to the Cemeteries and Crematoria Register. | 3 positions | Cemeteries and Crematoria Act 2013
|
W03 | Cemetery Operators Register Exercise authority to keep and amend the cemetery operator's register in accordance with section 63 and make a copy of an entry in the register available in accordance with 63(10). | 3 positions | Cemeteries and Crematoria Act 2013
|
W42 | Closing of council public roads by councils Closing of council public roads by councils
Authorise the closing of public roads after the appropriate notifications and consideration of any public submissions and/or formal objections have been undertaken.
Where it is proposed to exercise a delegation to permanently close a road, such a decision cannot be made until the Director is informed of such action and why it is necessary to close the road.
| 2 positions | Roads Act 1993
|
W06 | Closing of Public Roads Authority to carry out the functions of the Council as the roads authority to close a council public road, including to cause notice of a proposed closure of a public road to be notified in accordance with s38B, appeal against a formal objection made by a notifiable authority under s38C(3), consider any submission made and publish a notice in the Gazette to close the public road (s38D) and to close a temporary public road under s39 if the road does not give access to an isolated road. | 7 positions | Roads Act 1993
|
W25 | Development Applications Sign development applications on behalf of Council as applicant, and/or owner, for works previously approved by Council, to be undertaken by Council or on Council's behalf. | 2 positions | |
W16 | Drainange work Exercise authority to carry out drainage work on land in vicinity of public road for purpose of draining or protecting public road. | 7 positions | Roads Act 1993
|
ES05 | Emergencies Approve the use of Council's plant and equipment in emergencies at the request of the State Emergency Services, New South Wales Police or State Fire Organisations. | 0 positions | |
W21 | Engineering requirements for Development Determine the engineering requirements for Development Guidelines and update and sign off the Manual "Engineering Requirements for Development" on a regular basis in concurrence with the Director Service & Program delivery. | 18 positions | |
W22 | Engineering requirements for Subdivisions Determine engineering works and/or conditions associated with subdivisions and major building development in accordance with Council policies, the Manual "Engineering Requirements for Development" and usual conditions in concurrence with the Director Service & Program delivery. | 15 positions | |
W34 | Enter an agreement Enter into an agreement with the RMS in relation to classified roads. | 1 position | Roads Act 1993
|
W10 | Footway approvals Exercise authority to determine an application for a footway dining approval. | 2 positions | Roads Act 1993
|
W18 | Footway approvals Authorise the holder of a footway dining approval to erect and maintain structures in, or over any part, of the footway. | 4 positions | Roads Act 1993
|
W11 | Footway Restaurants Exercise authority to grant an approval to use part of a footway for the purposes of a restaurant and to authorise a holder of an approval to erect and maintain structures in, on or over any part of the footway the subject of the approval. | 5 positions | Roads Act 1993
|
W04 | Graffiti Removal Work Exercise authority to carry out graffiti removal work with consent of owner or occupier of private land or without such consent where graffiti visible from public place. | 7 positions | Graffiti Control Act 2008
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W17 | Inspections and Investigations Authority to inspect the land, for the purposes of an inspection, dig up any ground and take such measures as are necessary to ascertain the character and condition of the land and of any building, structure or work that is situated in, on or over the land, make surveys and take levels and, for those purposes, may dig trenches, break up the soil and set up any posts, stakes or marks, and may take samples or photographs in connection with any inspection. | 5 positions | Roads Act 1993
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W20 | Installation of prescribed traffic control devices Approve the installation of prescribed traffic control devices (including portable traffic control lights) at Council worksites in accordance with the current Delegation to Councils dated made by the Chief Executive of Roads and Maritime Services. | 5 positions | Transport Administration Act 1988
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W02 | Interment right Exercise authority to grant or renew, transfer to another person or transfer to the cemetery operator, an interment right. | 3 positions | Cemeteries and Crematoria Act 2013
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W19 | Load limits on roads Exercise authority to impose load limits on roads and bridges and cause a notice to be displayed adjacent to the road or bridge prohibiting vehicles with a laden mass exceeding that maximum mass from passing along the road, bridge or causeway. | 6 positions | Road Transport (General) Regulation 2021
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W30 | Loan or Hire Approvals Authorise the loan or hire of Council Plant to community groups, Council Committees, sporting and service clubs in accordance with Council policy. | 2 positions | |
W24 | Maintenance Undertake any work of a maintenance nature which, in his/her opinion, requires attention and is covered by the general maintenance funds as voted by Council. | 18 positions | |
W33 | Motor vehicles on turf areas Determine requests from users for permission for motor vehicles to be driven on turfed areas of sporting fields. | 2 positions | |
W23 | Part 5 Authorise and determine Part 5 Assessments of Council works not subject to the lodgement and determination of a development application under Part 4 in accordance with Council's Environmental Assessment Procedure for thise works of Council Part 5 applies to. | 21 positions | Environmental Planning and Assessment Act 1979
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W14 | Permits for Road Events Exercise authority to grant a permit to any person to conduct a road event (as defined) on a public road. | 5 positions | Roads Act 1993
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W27 | Planting of Trees Authorise the planting of trees and/or shrubs on footpaths, parks and open space areas. | 11 positions | |
W26 | Private Works Carry out works as defined in Section 67 and grant relevant approvals as outlined in Section 68 on both Council owned and private lands in any case where the estimated cost is paid in advance. | 11 positions | Local Government Act 1993
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W36 | Protection of Public Roads Carry out work or give directions in accordance with Part 7 Division 1 of the legislation. | 4 positions | Roads Act 1993
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W05 | Public Gates Exercise authority to grant and/or revoke a permit for the erection of a public gate or the construction of a by-pass around a public gate. | 6 positions | Roads Act 1993
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W38 | Public Roads - Direct removal of obstruction or encroachment Direct the removal of an obstruction or or an encroachment on a public road. | 4 positions | Roads Act 1993
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W08 | Regulate traffic Authority to regulate traffic on a public road by means of barriers or notices in so far as they apply to the Council as a roads authority. | 8 positions | Roads Act 1993
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W37 | Restoration of Public Road following excavation Direct any person by whom a public road is dug or damaged as a result of a leakage from, or breaking or bursting of, any object or work placed in, on or over the road up to restore the road to its previous condition. | 4 positions | Roads Act 1993
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W32 | Staff levels In accordance with the guidelines established by the General Manager, vary staff levels within the Division to provide the necessary labour resource to undertake the works program contained in the current budget allocation levels. | 1 position | |
W28 | Street lights Accept annual charges and approve street lighting proposals prepared by Endeavour Energy in respect of missing lamps and minor alteration works in accordance with Council policy. | 2 positions | |
W12 | Street Stalls Authority to grant, revoke, transfer or extend the term of a street vending consent or to authorise, in special circumstances, the location of Street Stalls other than at the locations permissible in accordance with the relevant policy. | 5 positions | Roads Act 1993
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W09 | Temporary Regulation of traffic Exercise authority to regulate traffic on a specified public road or on all public roads for which it is the roads authority. Serve (and revoke) an Order prohibiting a person from causing any vehicle under the person’s control to pass along a specified local road unless the vehicle is being driven to a destination that cannot be reached except by means of that road. | 8 positions | Roads Act 1993
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W29 | Traffic Committee Determine matters to be referred for consideration by the Wingecarribee Shire Traffic Committee with the exception of those matters where significant objections have been lodged. | 1 position | |
W35 | Traffic Control Carry out traffic control work on any classified road, with the consent of the RMS, or on any unclassified road in accordance with the relevant legislation. | 4 positions | Roads Act 1993
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W15 | Tree felling Exercise authority to form the opinion that it is necessary to remove or lop a tree or other vegetation on or overhanging a public road for the purpose of a road work or to remove a traffic hazard, and to effect such removal or lopping. | 5 positions | Roads Act 1993
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W31 | Use of Parks and Reserves Determine requests from individuals or organisations for the use of parks and reserves, including helicopter landings, under the control of Council. | 3 positions | |
W13(a) | Works and Structures
Exercise authority to issue consent to:
(a) erect a structure, or carry out work in, on or over a public road;
(b) dig up or disturb the surface of a public road;
(c) remove or interfere with a structure, work or tree on a public road;
(d) pump water into a public road from any land adjoining a public road;
(e) connect a road (whether public or private) to a classified road, and impose conditions on a consent.
In granting consent under this Division to the erection of a structure in, on or over a public road and located in a built-up area, may, without limiting section 139, impose conditions—
(a) permitting the use of the structure for the purpose of selling any article or service, and
(b) requiring payments in the nature of rent. | 4 positions | Roads Act 1993
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W13(b) | Works and Structures - Maintenance If a consent has been granted under this Division to the doing of anything, and that thing has been or is being done otherwise than in accordance with the consent, direct the holder of the consent to take specified action to remedy any damage arising from the doing of that thing otherwise than in accordance with the consent. | 4 positions | Roads Act 1993
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