The table below constitutes the Register of Delegations. This Register allocates the Delegations, Sub-delegations, Authorisations and Appointments described in the Register to positions as listed.

Appointments & Authorisations

DelegationPositionsLegislation
A1 - Authorised Person - Environmental Planning & Assessment Act 1979
Act as an authorised person within the meaning of the Environmental Planning & Assessment Act 1979.
69 positionsEnvironmental Planning & Assessment Act 1979

A10 - Authorised Officer – Food Act 2003
Act as an authorised officer within the meaning of the Food Act 2003.
9 positionsFood Act 2003

A11 - Authorised Officer – Public Spaces (Unattended Property) Act 2021

Act as an authorised officer within the meaning of the Public Spaces (Unattended Property) Act 2021.

Note: A responsible authority must give each authorised officer an official identification document (s 45(1)). If an authorised officer is carrying out their functions and someone affected asks for proof of their authority, the officer must show their identification (s 45(4)).

12 positionsPublic Spaces (Unattended Property) Act 2021

A12 - Authorised Person – Protection of the Environment Administration Act 1997
Act as an authorised person within the meaning of the Protection of the Environment Administration Act 1997.
0 positionsProtection of the Environment Operations Act 1997

A13 - Authorised Officer – Public Health Act 2010

Act as an authorised officer within the meaning of the Public Health Act 2010.

Note: Every authorised officer who is not a police officer must be provided with an identification card as an authorised officer by the person who appoints the officer (s 127A(1)).

16 positionsPublic Health Act 2010

A14 - Authorised Officer – Roads Act 1993
Act as an authorised officer within the meaning of the Roads Act 1993.
71 positionsRoads Act 1993

A15 - Authorised Person – Rural Fires Act 1997
Act as an authorised person within the meaning of section 131(6) of the Rural Fires Act 1997 and Schedule 2 of the Rural Fires Regulation 2022.
12 positionsRural Fires Regulation 2022

Rural Fires Act 1997

A16 - Authorised Officer – Swimming Pools Act 1992

Act as an authorised officer within the meaning of section 27 of the Swimming Pools Act 1992.

Note: A local authority must issue a certificate of identification to each authorised officer (s 27(2)). If an authorised officer is carrying out their functions and someone affected asks for proof of their authority, the officer must show their identification (s 27(6)).

 
17 positionsSwimming Pools Act 1992

A17 - Authorised Officer – Road Transport Act 2013
Act as an authorised officer within the meaning of the Road Transport Act 2013.
53 positionsRoad Transport Act 2013

A18 - Authorised Person – Poisons and Therapeutic Goods Regulation 2008
Act as an authorised person within the meaning of clause 65 of the Poisons and Therapeutic Goods Regulation 2008.
3 positionsPoisons and Therapeutic Goods Regulation 2008

A2
Exercise authority to enter any premises pursuant to Division 9.2 Subdivision 2 of the Environmental Planning & Assessment Act 1979 and sections 191 & 191A of the Local Government Act 1993, sections 27A and 27B of the Swimming Pools Act 1992, section 37 of the Food Act 2003, sections 196 and 187 of the Protection of the Environment Operations Act 1997, section 108 of the Public Health Act 2010, section 98 of the Biosecurity Act 2015, section 20 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020, section 230 of the Community Land Management Act 2021, section 268 of the Strata Schemes Management Act 2015 and sections 69A and 69B of the Companion Animals Act 1998.
121 positionsResidential Apartment Buildings (Compliance and Enforcement Powers) Act 2020

Community Land Development Act 2021

Strata Schemes Development Act 2015

Environmental Planning & Assessment Act 1979

Local Government Act 1993

Swimming Pools Act 1992

Food Act 2003

Protection of the Environment Operations Act 1997

Public Health Act 2010

Biosecurity Act 2015

Companion Animals Act 1998

A21 - Authorised Officer – Boarding Houses Act 2012

Act as an authorised officer within the meaning of the Boarding Houses Act 2012.

Note: Where authorised officer includes employees of a local council who are authorised persons for the purposes of the Local Government Act 1993, section 679. 

13 positionsBoarding Houses Act 2012

A22 - Native Title Management - Crown Land Management Act 2016

Carry out the functions of a native title manager under the Crown Land Management Act 2016 (NSW) Part 8.

Note: A native title manager must have approved training or qualifications (s 8.6(2)).

2 positionsCrown Lands Management Act 2016

A23 - Procedures of the Code of Conduct
Carry out the functions of the Chief Executive Officer under Part 5 of the Procedures for the Administration of the Code of Conduct.
1 positionProcedures for the Administration of the Code of Conduct

A25 - Disclosure Officers - Public Interest Disclosures Act 2022
Carry out the functions of a Disclosure Officer under the Public Interest Disclosures Act 2022, in accordance with any Council policy on Public Interest Disclosures.
15 positionsPublic Interest Disclosures Act 2022

A27 - Complaints Coordinator – Code of Conduct

Act as the Complaints Coordinator under the Procedures for the Administration of the Code of Conduct. 

Note: Per clause 3.20 a complaints coordinator or alternate complaints coordinator must also be nominated disclosures coordinator under the Public Interest Disclosures Act 1994. 

1 positionProcedures for the Administration of the Code of Conduct

A28 - Alternate Complaints Coordinator – Code of Conduct
Act as the Alternate Complaints Coordinator under the Procedures for the Administration of the Code of Conduct. 
1 positionProcedures for the Administration of the Code of Conduct

A29 - Authorised Officer – Graffiti Control Act 2008

Act as Council’s authorised officer within the meaning of the Graffiti Control Act 2008.

Note: Where authorised officer, per the Regulations, includes employees of a local council who are authorised persons for the purposes of the Local Government Act 1993, section 679. 

0 positionsGraffiti Control Act 2008

A3 - Authorised Person – Local Government Act 1993
Act as an authorised person within the meaning of the Local Government Act 1993.
108 positionsLocal Government Act 1993

A30 - Authorised Officer – Rock Fishing Safety Act 2016
Act as an authorised officer within the meaning of the Rock Fishing Safety Act 2016. 
0 positionsRock Fishing Safety Act 2016

A31 - Authorised Officer – Heavy Vehicle National Law NSW

Act as Council’s authorised officer within the meaning of the Heavy Vehicle National Law NSW.

Note: Where the Regulator has, by instrument, appointed an employee of a local government authority as an authorised officer for the purposes of this Law.

0 positionsHeavy Vehicle National Law (NSW) No 42a of 2013

A34 - Authorised Person – NSW Reconstruction Authority Act 2022
Act as an authorised person within the meaning of the NSW Reconstruction Authority Act 2022.
0 positionsNSW Reconstruction Authority Act 2022

A35 - Authorised Officer – Waste Avoidance and Resource Recovery Act 2001
Act as an authorised officer within the meaning of section 31 of the Waste Avoidance and Resource Recovery Act 2001.
0 positionsWaste Avoidance and Resource Recovery Act 2001

A36 - Council Manager – Crown Land Management Act 2016

Carry out the functions of a council manager under Part 3, Division 3.4 of the Crown Land Management Act 2016.

Note: 

a. the Minister is required to approve any delegation of functions under this Act (s 3.18);
b. any instrument of appointment of Council as Crown land manager may contain conditions relating to exercise of Council’s functions as Crown land manager (s 3.5); and
c. the requirements of the Local Government Act e.g. Plans of Management, and requirement for Minister’s consent in some circumstances (s 3.22, 3.23).

 
0 positionsCrown Lands Management Act 2016

A37 - Local Consent Authority – Liquor Act 2007
Act as an “local consent authority” within the meaning of the Liquor Act 2007.
0 positionsLiquor Act 2007

A38 - Disclosures
Determine a disclosure made by another person is a voluntary public interest disclosure even if the disclosure would not otherwise be a voluntary public interest disclosure.
Note: The determination—
(a)  may be made at the head of the agency’s own initiative or at the request of the maker of the disclosure, and
(b)  must be given in writing to the maker of the disclosure, and
(c)  must not be made unless the head of the agency believes the disclosure shows or tends to show serious wrongdoing (s 29(2)).

The belief must be held honestly and on reasonable grounds (s 29(3)).
 
0 positionsPublic Interest Disclosures Act 2022

A39 - Entry – Environmental Planning & Assessment Act 1979

Exercise Council’s powers to enter premises, issue notice of intention to enter residential premises, investigate premises and all other Council powers under division 9.2 subdivision 2 of the Environmental Planning and Assessment Act. 

Note: Power given to investigation officers under the Environmental Planning and Assessment Act 1979 and subject to the restrictions and conditions of entry set out in the Environmental Planning and Assessment Act 1979, including:
a) written notice of entry to residential premises (s 9.17); and
b) restrictions on entry to any part of premises used only for residential purposes (s 9.16(2)).

 
0 positionsEnvironmental Planning and Assessment Act 1979

A4 - Information relating to Proceedings – Local Government Act 1993
Exercise authority to lay information in respect of any proceedings for an offence pursuant to section 684 of the Local Government Act 1993.
24 positionsLocal Government Act 1993

A40 - Entry – Local Government Act 1993

Exercise Council’s powers to enter land and premises, including for the purpose of inspection, investigation, sampling, and seizure, under section 191 of the Local Government Act 1993.

Note: Power given to a council employee or other person authorised by council and subject to the restrictions and conditions of entry set out in the Local Government Act 1993, including:
a) written notice given before the day of intended entry (s 193(2)); and
b) at a reasonable hour (s 191(2)).

 
0 positionsLocal Government Act 1993

A41 - Entry – Swimming Pools Act 1992

Exercise Council’s powers to enter land and premises, including for the purpose of inspection, investigation, sampling, and seizure, under section 27A and 27B of the Swimming Pools Act 1992.

Note: Power given to authorised officers under the Swimming Pools Act 1992 and subject to the restrictions and conditions of entry set out in the Swimming Pools Act 1992 and Part 2 Chapter 8 of the Local Government Act 1993, including: 
a) with consent of the owner or occupier of the premises (s 27A(2));
b) written notice given before the day of intended entry (s 193(2) of LG Act); and
c) at a reasonable hour (s 191(2) of LG Act).

 
0 positionsSwimming Pools Act 1992

A42 - Entry – Food Act 2003

Exercise Council’s powers to enter land and premises, including for the purpose of inspection, investigation, sampling, and seizure, under section 37 of the Food Act 2003.

Note: Power given to authorised officers under the Food Act 2003 and subject to the restrictions and conditions of entry set out in the Food Act 2003, including restrictions on entry to any part of premises used only for residential purposes (s 37(2)).

0 positionsFood Act 2003

A43 - Entry (notices) – Protection of the Environment Operations Act 1997

Exercise Council’s powers to enter land and premises under section 111 of the Protection of the Environment Operations Act 1997 for the purpose of exercising Council’s functions under Chapter 4 Environment protection notices and other notices.

Note: Power given to a regulatory authority or public authority exercised by its employees, agents or contractors Protection of the Environment Operations Act 1997 under and subject to the restrictions and conditions of entry set out in the Protection of the Environment Operations Act 1997. 

0 positionsProtection of the Environment Operations Act 1997

A44 - Entry (authorised officers) – Protection of the Environment Operations Act 1997

Exercise Council’s powers to enter land and premises, including for the purpose of inspection, investigation, sampling, and seizure, under section 196 of the Protection of the Environment Operations Act 1997.

Note: Power given to authorised officers under the Protection of the Environment Operations Act 1997 and subject to the restrictions and conditions of entry set out in the Protection of the Environment Operations Act 1997, including: 
a) time of entry (s 196(1)); and
b) entry to part of premises used only for residential purposes requires permission of occupier or search warrant under section 199 (s 197).

 
0 positionsProtection of the Environment Operations Act 1997

A45 - Entry – Public Health Act 2010

Exercise Council’s powers to enter land and premises, including for the purpose of inspection, investigation, sampling, and seizure, under section 108 of the Public Health Act 2010.

Note: Power given to authorised officers under the Public Health Act 2010 and subject to the restrictions and conditions of entry set out in the Public Health Act 2010, including: 
a) being in possession of a search warrant or an authorised officer identification card;
b) gives reasonable notice (subject to exceptions); and
c) at reasonable time unless it is being exercised in an emergency (s 108(2)).

 
0 positionsPublic Health Act 2010

A46 - Entry (weed control) – Biosecurity Act 2015

Exercise Council’s powers to enter land and premises, including for the purpose of inspection, investigation, sampling, and seizure, under section 98 of the Biosecurity Act 2015. 

Note: Power given to authorised officers under the Biosecurity Act 2015 and subject to the restrictions and conditions of entry set out in the Biosecurity Act 2015, including: 
a) for the purposes permitted under the Act (s 89); and
b) restrictions on entry to any part of premises used only for residential purposes (s 99).

 
0 positionsBiosecurity Act 2015

A47 - Entry – Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020

Exercise Council’s powers to enter land and premises, including for the purpose of inspection, investigation, sampling, and seizure, under section 20 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020.

Note: Power given to authorised officers under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 and subject to the restrictions and conditions of entry set out in the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020, including: 
a) at a reasonable hour in the daytime or at an hour during which business (including building work) is in progress or is usually carried on at the premises (s 20(1)); and
b) entry to part of premises used only for residential purposes requires permission of occupier or search warrant (s 21(1)).

 
0 positionsResidential Apartment Buildings (Compliance and Enforcement Powers) Act 2020

A48 - Entry on Community Land

Exercise Council’s powers to enter land and premises under section 230 of the Community Land Management Act 2021.

Note: A public authority that is authorised by an Act to enter on part of a community parcel, precinct parcel or neighbourhood parcel for the purpose of exercising a power conferred on it may enter on any other part of that parcel if it is necessary to do so in order to exercise the power.

0 positionsCommunity Land Management Act 2021

A49 - Entry on Strata Land

Exercise Council’s powers to enter land and premises under section 268 of the Strata Schemes Management Act 2015.

Note: Applies to a public authority or public officer authorised by any Act to enter on part of a parcel for the purpose of exercising any power conferred on it may enter on any other part of that parcel (and, if it is a part strata parcel, any other part of the building concerned or its site, whether or not it is part of a parcel) if it is necessary to do so in order to exercise that power.

0 positionsStrata Schemes Management Act 2015

A5 - Local Court Proceedings

Pursuant to section 687 of the Local Government Act 1993:

(a) Exercise authority to represent Council as though it is the party concerned in Local Court proceedings; and

(b) institute and carry on any Local Court proceedings which Council is authorised to institute and carry on.

31 positionsLocal Government Act 1993

A50 - Entry – Companion Animals Act 1998

Exercise Council’s powers to enter land and premises, including for the purpose of inspection, investigation, sampling, and seizure, under sections 69A and 69B of the Companion Animals Act 1998.

Note: Power given to authorised officers under the Companion Animals Act 1998 and subject to the restrictions and conditions of entry set out in the Companion Animals Act 1998, including: 
a) with reasonable notice unless section 69A(2)(a)-(d) applies; and
b) entry to any part of premises used only for residential purposes requires permission of occupier of premises or search warrant (see s 69A(2)).

 
0 positionsCompanion Animals Act 1998

A51 - Entry – Boarding Houses Act 2012

Exercise Council’s powers to enter land and premises for the purpose of conducting an initial compliance inspection under sections 17 and 18 of the Boarding Houses Act 2012.

Note: Power given to a council employee or other person authorised by council and subject to the restrictions and conditions of entry set out in the Boarding Houses Act 2012, including entry may only be made at any reasonable hour in the daytime or at any hour during which business is in progress or is usually carried on at the premises (s 17(2)).

0 positionsBoarding Houses Act 2012

A52 - Entry – Crown Land Management Act 2016

Exercise Council’s powers to enter land and premises, including for the purpose of inspection, investigation, sampling, and seizure,  under section 10.15 of the Crown Land Management Act 2016.

Note: Power given to authorised officers under the Crown Land Management Act 2016 and subject to the restrictions and conditions of entry set out in the Crown Land Management Act 2016, including entry to any part of premises used only for residential purposes requires permission of occupier of premises or search warrant (s 10.16).

0 positionsCrown Lands Management Act 2016

A53 - Council Manager – Crown Land Management Act 2016

Carry out the functions of a council manager under Part 3, Division 3.4 of the Crown Land Management Act 2016.

Note:

a. the Minister is required to approve any delegation of functions under this Act (s 3.18);
b. any instrument of appointment of Council as Crown land manager may contain conditions relating to exercise of Council’s functions as Crown land manager (s 3.5); and
c. the requirements of the Local Government Act e.g. Plans of Management, and requirement for Minister’s consent in some circumstances (s 3.22, 3.23).

 
0 positionsCrown Lands Management Act 2016

A54 - Authorised Officer – Crown Land Management Act 2016

Act as an authorised officer within the meaning of the Crown Lands Management Act 2016.

Note: The Minister must issue an authorised officer with an identity card (s 10.8). An authorised officer must not exercise a function conferred by or under this Act unless an identity card has been issued to the officer by the Minister (s 10.8(4)).

 
0 positionsCrown Lands Management Act 2016

A55 - Appoint to Position
Appoint a person to a position in accordance with section 349 of the Local Government Act 1993.
0 positionsLocal Government Act 1993

A56 - Appoint to Temporary Position

Appoint a person to a temporary position in accordance with section 351 of the Local Government Act 1993.

Note: Provided the candidate has been through an interview process, and is appointed in accordance with the Award classifications up to the maximum manpower determined by Council from time to time, and subject to funds being available in the appropriate cost centres, to maintain such levels, with a memorandum provided to the applicable Director.

0 positionsLocal Government Act 1993

A6
Act on behalf of Council for the purpose of submitting waste contribution monthly reports, environment returns and related information required under section 88 of the Protection of the Environment Operations Act 1997 and clause 22 of the Protection of the Environment Operations (Waste) Regulation 2014.
4 positionsProtection of the Environment Operations (Waste) Regulation 2014

Protection of the Environment Operations Act 1997

A7 - Authorised Officer – Companion Animals Act 1998

Act as an authorised officer within the meaning of the Companion Animals Act 1998.

Note: Each authorised officer must be given an official identification card (s 69F). If an authorised officer is carrying out their functions and someone affected asks for proof of their authority, the officer must show their identification.

 
13 positionsCompanion Animals Act 1998

A8 - Authorised Officer – Protection of the Environment Operations Act 1997

Act as an authorised officer within the meaning of the Protection of the Environment Operations Act 1997.

Note: A responsible authority must give each authorised officer (who is appointed under this Act and is not a police officer or an enforcement officer by the regulatory or other authority) an official identification card (s 189(1)). If an authorised officer is carrying out their functions and someone affected asks for proof of their authority, the officer must show their identification. Police officers must show their police identification if requested (s 189(2)).

If an enforcement officer is also an authorised officer, it is acceptable for them to show their authorised officer identification when acting as an enforcement officer (s 189(3)). 

 
46 positionsProtection of the Environment Operations Act 1997

A9 - Enforcement Officer – Protection of the Environment Operations Act 1997

Act as an enforcement officer within the meaning of the Protection of the Environment Operations Act 1997.

Note: If an enforcement officer is also an authorised officer, it is acceptable for them to show their authorised officer identification when acting as an enforcement officer (s 189(3)). An officer or employee of a public authority cannot act as an enforcement officer for an offence that is alleged to have been committed by that same authority (s 226(2)).

24 positionsProtection of the Environment Operations Act 1997



Contracts & Expenditure

DelegationPositionsLegislation
C1 - Receiving and Registering Tenders
Act as an appropriate person, within the meaning of clause 164 of the Local Government (General) Regulation 2021, to receive and register tenders submitted to Council.
4 positionsLocal Government (General) Regulation 2021

C2 - Expenditure $100,000

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:

(a) the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;

(b) expenditure must be in accordance with expenditure limits approved by the Council;

(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;

(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and

(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).

$100,000

7 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

C2(a) - Expenditure $75,000

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:

(a) the expenditure must relate to the position holder's area of responsibility and in accordance with the Local Government Act 1993;

(b) expenditure must be in accordance with expenditure limits approved by the Council;

(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;

(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and

(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).

$75,000

2 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

C2(b) - Expenditure $50,000

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:

(a) the expenditure must relate to the position holder's area of responsibility and in accordance with the Local Government Act 1993;

(b) expenditure must be in accordance with expenditure limits approved by the Council;

(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;

(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and

(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).

$50,000

12 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

C2(c) - Expenditure $40,000

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:

(a) the expenditure must relate to the position holder's area of responsibility and in accordance with the Local Government Act 1993;

(b) expenditure must be in accordance with expenditure limits approved by the Council;

(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;

(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and

(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).

$40,000

6 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

C2(d) - Expenditure $30,000

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:

(a) the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;

(b) expenditure must be in accordance with expenditure limits approved by the Council;

(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;

(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and

(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).

$30,000

2 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

C2(e) - Expenditure $25,000

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:

(a) the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;

(b) expenditure must be in accordance with expenditure limits approved by the Council;

(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;

(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and

(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).

$25,000

2 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

C2(f) - Expenditure $20,000

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:

(a) the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;

(b) expenditure must be in accordance with expenditure limits approved by the Council;

(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;

(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and

(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).

$20,000

38 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

C2(g) - Expenditure $15,000

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:

(a) the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;

(b) expenditure must be in accordance with expenditure limits approved by the Council;

(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;

(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and

(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).

$15,000

4 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

C2(h) - Expenditure $10,000

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:

(a) the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;

(b) expenditure must be in accordance with expenditure limits approved by the Council;

(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;

(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and

(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).

$10,000

22 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

C2(i) - Expenditure $5,000

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:

(a) the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;

(b) expenditure must be in accordance with expenditure limits approved by the Council;

(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;

(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and

(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).

$5,000

47 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

C2(j) - Expenditure $2,000

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:

(a) the expenditure must relate to the position holder's area of responsibility and in accordance with the Local Government Act 1993;

(b) expenditure must be in accordance with expenditure limits approved by the Council;

(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;

(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and

(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).

$2,000

6 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

C2(k) - Expenditure $1,000

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:

(a) the expenditure must relate to the position holder's area of responsibility and in accordance with the Local Government Act 1993;

(b) expenditure must be in accordance with expenditure limits approved by the Council;

(c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;

(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and

(e) the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).

$1,000

28 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

C3 - Expenditure $250,000

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount of $250,000 (including GST) subject to the following limitations:

(a)  the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;

(b)  expenditure must be in accordance with expenditure limits approved by the Council;

(c)  the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;

(d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and 

(e)  the expenditure/entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).

$250,000

3 positionsLocal Government (General) Regulation 2021

Local Government Act 1993

C4 - Tenders $250,000
Call Tenders on behalf of the Council, for works up to the value of $250,000 and in accordance with the provisions of section 55 of the Local Government Act 1993 and the Tender provisions of Part 7 of the Local Government (General) Regulation 2021.
18 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

C5 - Tenders Exceeding $250,000
Call Tenders on behalf of the Council, for works exceeding $250,000 and in accordance with the provisions of section 55 of the Local Government Act 1993 and the Tender provisions of Part 7 of the Local Government (General) Regulation 2021.
17 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

C6 - Tenders – Emergency Exemption

Approve an exemption from Council’s tender requirements for suppliers required in an emergency situation.

Note: Council resolution required for decision not to invite tenders (and resolution must state the reasons for the decision) where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers (s 55(3)(i)).

0 positionsLocal Government Act 1993

C7 - Contract for Certification Work

Negotiate and execute a written contract for certification work in accordance with the requirements of section 31 of the Building and Development Certifiers Act 2018.

Note: A contract under section 31 of the Act must comply with any requirements prescribed under Part 5 of the Building and Development Certifiers Regulation 2020.

0 positionsBuilding and Development Certifiers Act 2018



Correspondence & Council Staff

DelegationPositionsLegislation
G10
Approval of staff timesheets, overtime and all forms of staff leave, excluding Leave Without Pay.
67 positions
G10(a)
Approval of staff timesheets and all forms of staff leave, excluding Leave Without Pay.
55 positions
G11
Approval of staff Time Sheets.
15 positions
G12
Approval of staff Leave Without Pay up to and including five days.
13 positions
G13
Approval of staff Leave Without Pay greater than five days but less than 20 consecutive working days.
3 positions
G14
Accept resignations from staff within the position holder’s area of responsibility.
3 positions
G15

Make recommendations to the Chief Executive Officer with respect to the dismissal of employees within the position holder’s area of responsibility.

Note: The final decision on the dismissal of employees is the sole responsibility of the Chief Executive Officer.

6 positions
G16

Make recommendations to the Executive Director of the position holder's area of responsibility about the employment and dismissal of employees within the position holder’s area of responsibility.

Note: The final decision on the dismissal of employees is the sole responsibility of the Chief Executive Officer.

12 positions
G17

Make recommendations to the Chief Executive Officer about the suspension of employees within the position holder's area of responsibility.

Note: The final decision on the suspension of employees is the sole responsibility of the Chief Executive Officer.

9 positions
G18
Determine whether matters are to be included in business papers of the Council within the position holder's area of responsibility. 
6 positions
G19
Issue media releases and participate in media interviews in respect of matters within the position holder’s area of responsibility.
2 positions
G19(a)
Participate in media interviews in respect of Council matters or on behalf of the Council.
3 positions
G20
Participate in media interviews in respect of matters within the position holder’s area of responsibility with approval of the Executive Director of the position holder's area of responsibility or the Chief Executive Officer.
12 positions
G21
Approve staff to participate in media interviews in respect of matters within the position holder's area of responsibility with approval of the Executive Director of the position holder's area of responsibility or the Chief Executive Officer.
12 positions
G7

Sign standard correspondence/documents in relation to the day to day operations of the position holder’s position with the exception of:

- correspondence to any Federal or State Minister, Member of Parliament or Heads of State;

- correspondence to Mayors, Chief Executive Officers or General Managers of other Councils;

- correspondence to Independent Commission Against Corruption (ICAC) or the Ombudsman;

- correspondence to Councillors;

- letters of appointment for new employees;

- letters to employees regarding disciplinary matters and grievances;

- letters of complaint about staff or service.

275 positions
G7(a)

Sign standard correspondence/documents in relation to the day to day operations of the position holder’s position with the exception of:

- correspondence to ICAC;

- letters of appointment for new employees from Executive Manager level and above and package holders.

3 positions
G7(b)

Sign standard correspondence/documents in relation to the day to day operations of the position holder’s position with the exception of:

- correspondence to any Federal or State Minister, Member of Parliament or Heads of State;

- letters of appointment for new employees;

- correspondence to Mayors, Chief Executive Officers or General Managers of other Councils;

- letters to employees regarding disciplinary matters and grievances.

2 positions
G7(c)

Sign standard correspondence/documents in relation to the day to day operations of the position holder’s position with the exception of:

- correspondence to any Federal or State Minister, Member of Parliament or Heads of State;

- correspondence to Mayors, Chief Executive Officers or General Managers of other Councils;

- correspondence to ICAC or the Ombudsman;

- letters of appointment for new employees;

- letters to employees regarding disciplinary matters and grievances;

- letters of complaint about staff or service.

17 positions
G7(d)

Sign standard correspondence/documents in relation to the day to day operations of the position holder’s position with the exception of:

- correspondence to any Federal or State Minister, Member of Parliament or Heads of State;

- correspondence to Mayors, Chief Executive Officers or General Managers of other Councils;

- correspondence to ICAC or the Ombudsman.

1 position
G8
Authorise employment of Council staff within the position holder's area of responsibility.
3 positions
G9
Approve staff attendance at training seminars and conferences, in accordance with the Staff Training Program and within the approved budget.
20 positions


Emergency Services

DelegationPositionsLegislation
E1 - Functions under State Emergency and Rescue Management Act 1989
Exercise and perform on behalf of Council the Council's delegable functions under this Act and the Regulations under the State Emergency and Rescue Management Act 1989.
12 positionsState Emergency and Rescue Management Act 1989

E2 - Local and Regional Emergency Management Committees – Chairperson (CEO)
Have authority to Act as the Chairperson of the Local Emergency Management Committee under the State Emergency and Rescue Management Act 1989.
1 positionState Emergency and Rescue Management Act 1989

E3 - Use of Council Resources in Emergency
Approve the use of Council plant, equipment and employees in response to an emergency within the meaning of the State Emergency and Rescue Management Act 1989.
10 positionsState Emergency and Rescue Management Act 1989

E4 - Local Emergency Management Officer
Act as the Local Emergency Management Officer to provide executive support facilities to the Local Emergency Management Committee and the Local Emergency Operations Controller under section 32 of the State Emergency and Rescue Management Act 1989 and as referred to in the Local Emergency Management Committee Handbook issued by the NSW Government State Emergency Management Committee.
0 positionsState Emergency and Rescue Management Act 1989

E5 - Functions under State Emergency Service Act 1989
Exercise and perform on behalf of Council the Council's delegable functions under this Act and the Regulations under the State Emergency Service Act 1989.
0 positionsState Emergency Service Act 1989



Fees & Approvals

DelegationPositionsLegislation
G22 - Refund Fees, Bonds and Deposits
Determine requests for the refund of fees, bonds and deposits paid for the use of Council facilities and in respect of other applications pursuant to the Local Government Act 1993, within the position holder's area of responsibility.
38 positionsLocal Government Act 1993

G23 - Licenses for Community Land
Determine applications for a licence to use and occupy community land (including public reserves, beaches, sports fields and public roads) on a short term, casual basis in accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2021.
17 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

G23(a) - Creation of Easements and Restrictive and Positive Covenants
Execute instruments creating covenants, easements or restrictions affecting land (including any release, variation or modification of same)
1 positionConveyancing Act 1919

G23(b)
Sign applications on behalf of Council as applicant and/or owner for development previously approved by Council to be undertaken by Council or on Council’s land.
1 position
G23(c)
Determine and sign applications for, and acceptances of government grants on behalf of Council.
1 position
G23(d)
Determine and sign applications for, and acceptances of government grants on behalf of Council up to $2,000.
8 positions
G23(e) - Release or Variation of Easements and Restrictive and Positive Covenants

Exercise the authority to release, vary or modify covenants, easements or restrictions affecting land under Part 6, Division 4 of the Conveyancing Act 1919 where the delegate has considered that such changes, on balance, to not impact on the proper functioning of the subdivision or the intent of that covenant, easement or restriction.

Note: Approval under this delegation does not extend to the execution of any legal instrument. All documents required to release, vary or modify a covenant, easement or restriction must be signed or executed by the Public Officer.

7 positionsConveyancing Act 1919

G23(f)
Determine and sign applications for, and acceptances of government grants on behalf of Council up to $25,000.
3 positions
G24
Authority to make recommendations to the Chief Executive Officer to terminate any lease or rental agreement on any Council owned property where the terms of the lease have been breached and accounts fall into arrears.
5 positions
G25
Determine requests for the refund of fees paid and bonds held for works within the Road Reserve pursuant to Section 138 of the Roads Act 1993, within the position holder's area of responsibility and in accordance with the position holder's authorised contracts and expenditure delegation. 
3 positionsRoads Act 1993



Financial Matters

DelegationPositionsLegislation
F1 - Responsible Accounting Officer
Act as Council's Responsible Accounting Officer in accordance with the Local Government (General) Regulation 2021.
1 positionLocal Government (General) Regulation 2021

F10 - Land Valuation
Exercise the Council function to request a new valuation of the land value of any land, pursuant to the conditions outlined in section 60A.
3 positionsValuation of Land Act 1916

F11 - Declarations – Fringe Benefits Tax Assessment Act 1986
Sign declarations for Fringe Benefits Tax, GST Business Activities Statements and Payroll Tax on behalf of Council.
5 positionsFringe Benefits Tax Assessment Act 1986

F12 - Payment Arrangement with Ratepayers

Enter a reasonable arrangement with a ratepayer regarding the payment of outstanding rate debt, in accordance with the Council’s adopted Rates Policy.

Note: In accordance with Council’s adopted Rates Policy. 

5 positions
F13 - Review of Payment Arrangement

Review a determination regarding a reasonable arrangement for the payment of outstanding rate debt, in accordance with the Council’s adopted Rates Policy.

5 positions
F14 - Recover of Debt’s less than $300
Determine the process used to recover an outstanding debt (not including a rate) in accordance with the Council’s adopted Recovery of Sundry Debts Policy, including making a determination whether to proceed with legal action where the outstanding amount is less than $300.
4 positions
F15 - Recovery of Rates

Determine the process used to recover an outstanding rate in accordance with the Council’s adopted Rates Policy, including making a determination whether to proceed with legal action where the outstanding amount is less than $500.

5 positions
F16 - Signatory
Act as a signatory to Council’s bank accounts and operate the Council’s bank accounts.
8 positions
F17 - Cheques and EFT
Certify electronic funds transfers and sign cheques drawn on Council’s bank accounts.
8 positions
F18 - Categorise Rateable Land
Categorise rateable land in accordance with the categories under section 514 of the Local Government Act 1993, including:
a) issue notices under section 520;
b) review a declaration under section 523;
c) make a declaration under section 525; and
d) make an adjustment under sections 527 and 531A.
 
0 positionsLocal Government Act 1993

F19 - Land Rates Exemption

Determine whether land is exempt from rates.

Note: In accordance with Council’s adopted Rates Policy. 

0 positionsLocal Government Act 1993

F2- Responsible Accounting Officer - Functions

Subject at all times to the overriding authority and direction of the Responsible Accounting Officer, authority to exercise the following day to day functions on behalf of the Responsible Accounting Officer:

(a)  assist in the establishment and maintenance of a system of budgetary control for the Council in accordance with clause 202 of the Local Government (General) Regulation 2021 ("LG Regulation");

(b)  assist in the preparation of a budget review statement in accordance with clause 203 of the LG Regulation;

(c)  assist in the keeping of Council's accounting records and manage the Council's money, assets and liabilities in accordance with clause 207 of the LG Regulation;

(d)  assist in the preparation of a report to Council on its investments in accordance with clause 212 of the LG Regulation;

(e)  assist in the preparation of the Council's annual financial reports and the exercise of any other functions of the Council concerning accounting records, financial reports and auditing under Chapter 13 Part 3 of the Local Government Act 1993; and

(f)  assist in the balancing of Council's ledgers and preparation of a list of ledger balances in accordance with clause 228 of the LG Regulation.

5 positionsLocal Government (General) Regulation 2021

Local Government Act 1993

F20 - Writing Off of Accrued Interest

Write off interest accrued on rates or charges under section 567 of the Local Government Act 1993.

Note: In accordance with Council’s adopted Rates Policy. 

0 positionsLocal Government Act 1993

F21 - Notice of Unpaid Rate

Issue a notice for any rate or change unpaid under section 569 of the Local Government Act 1993.

Note: In accordance with Council’s adopted Rates Policy. 

0 positionsLocal Government Act 1993

F22 - Reductions for Eligible Pensioners

Grant rebates and concessions to eligible pensioners under section 575 of the Local Government Act 1993.

Note: In accordance with Council’s adopted Rates Policy. 

0 positionsLocal Government Act 1993

F23 - Extension of Concession to Avoid Hardship

Issue orders under section 577 of the Local Government Act 1993.

Note: In accordance with Council’s adopted Rates Policy. 

0 positionsLocal Government Act 1993

F24 - Abandonment of Pensioners Rates and Charges

Waive or reduce rates, charges and interest due by any person prescribed by the regulations who is in receipt of a pension, benefit or allowance under the Social Security Act 1991 under section 582 of the Local Government Act 1993.

Note: In accordance with Council’s adopted Rates Policy. 

0 positionsLocal Government Act 1993

F25 - Writing Off of Pensioners Rates and Charges

Write off amounts of rates, charges and interest which are reduced or waived under Chapter 15, Part 8, Division 1 of the Local Government Act 1993.

Note: In accordance with Council’s adopted Rates Policy. 

0 positionsLocal Government Act 1993

F26 - Applications to be Referred to Valuer-General

Refer applications for the postponement of rates to the Valuer-General under section 586 of the Local Government Act 1993.

Note: In accordance with Council’s adopted Rates Policy. 

0 positionsLocal Government Act 1993

F27 - Postponement of Rates

Postpone rates under section 591 of the Local Government Act 1993.

Note: In accordance with Council’s adopted Rates Policy. 

0 positionsLocal Government Act 1993

F28 - Adjustment of Rates

Adjust rates under section 594 of the Local Government Act 1993.

Note: In accordance with Council’s adopted Rates Policy. 

0 positionsLocal Government Act 1993

F29 - Rates to be Written Off After 5 years

Adjust write-off under section 595 of the Local Government Act 1993.

Note: In accordance with Council’s adopted Rates Policy. 

0 positionsLocal Government Act 1993

F3 - Council Rates Mail Materials

Consider and determine requests by organisations to include material in the mail with Council rates notices in accordance with the Council’s adopted Rates Policy in conjunction with the Chief Executive Officer.

2 positionsLocal Government Act 1993

F30 - Section 600 Rebates

Write off rebates up to 25 per cent of the ordinary rate made and leviable on the land vested in a public body under section 600(2) of the Local Government Act 1993. 

Note: In accordance with Council’s adopted Rates Policy. 

0 positionsLocal Government Act 1993

F4 - Section 603 Certificates
Issue a certificate as to rates and charges in accordance with section 603 of the Local Government Act 1993.
5 positionsLocal Government Act 1993

F5 - Invest Council Money

Implement the Council’s adopted Investment Policy and invest the Council’s money pursuant to section 625 of the Local Government Act 1993.

Note: Money may be invested only in a form of investment notified by order of the Minister published in the Gazette. Investments must be in accordance with Council’s Investment Policy.

 
5 positionsLocal Government Act 1993

F6 - Bankruptcy and Winding up Proceedings
Represent Council and act on its behalf in any bankruptcy or winding up proceedings, pursuant to section 688 of the Local Government Act 1993.
3 positionsLocal Government Act 1993

F7 - Superannuation
Authority to exercise and/or perform on behalf of Council the Council’s delegable functions under the Local Government and Other Authorities (Superannuation) Act 1927 and the Regulations in force and as amended from time to time.
6 positionsLocal Government and Other Authorities (Superannuation) Act 1927

F8 - Salaries, Superannuation Payments and Cheque Requisitions
To verify the correctness of the Council payroll. Authority to perform electronic bank transfer of salaries, approve superannuation payments to nominated funds and sign cheque requisitions in relation to payroll matters.
10 positionsPayroll Tax Act 2007

F9 - Reporting on Payroll Tax
Authority to perform on behalf of Council the functions of Reporting on Payroll Tax in accordance with Section 87 of the Payroll Tax Act 2007.
6 positionsPayroll Tax Act 2007



Insurance

DelegationPositionsLegislation
I1
Negotiate and settle Public Liability Insurance claims up to excess value as defined in the relevant insurance policy.
3 positions
I2
Determine levels of Public Liability Insurance required for Council.
2 positions
I3
Review Council's exposure to risk on a continuing basis and effect any changes by way of insurance to protect Council's interest.
2 positions
I4
Negotiate and settle Workers Compensation claims up to excess value as defined in the relevant insurance policy.
3 positions


Legal

DelegationPositionsLegislation
L1 - Instruct Solicitors
Give instructions to the Council's solicitors to provide legal advice to the Council on any matter concerning the Council within the position holder's area of responsibility.
35 positions
L2 - Commence Proceedings
Institute, conduct and defend legal proceedings with respect to Council's activities in all Courts and instruct and engage Council’s solicitors and Counsel where necessary to act on Council’s behalf prior to or during any legal proceedings.
19 positions
L3 - Settle Proceedings
Exercise authority to negotiate, finalise and agree to terms of settlement in any proceedings commenced by or against Council in accordance with legal advice provided to Council.
5 positions


Planning

DelegationPositionsLegislation
P1 - Rejection of Development Applications
Reject a development application pursuant to clause 39 of the Environmental Planning & Assessment Regulation 2021.
15 positionsEnvironmental Planning & Assessment Regulation 2021

P10 - Strata Schemes
Exercise the Council’s functions under the Strata Schemes Development Act 2015 including determining an application for the issue of a strata certificate and signing of plans.
7 positionsStrata Schemes Development Act 2015

P11

Issue planning certificates and determine the content of certificates. 

Note: Schedule 2 of the Environmental Planning and Assessment Regulation 2021 sets out the matters required to be specified in a planning certificate.

6 positionsEnvironmental Planning & Assessment Regulation 2021

Environmental Planning and Assessment Act 1979

P12 - Building Information Certificate
Determine an application for a building information certificate pursuant to sections 6.22 to 6.26 of the Environmental Planning and Assessment Act 1979.
2 positionsEnvironmental Planning and Assessment Act 1979

P13 - Swimming Pools – Certificates and Exemptions
Determine applications for a certificate of compliance and for an exemption from the barrier requirements under the Swimming Pools Act 1992.
2 positionsSwimming Pools Act 1992

P14 - Interim Heritage Orders

Make an interim heritage order where the Minister has authorised Council to make such an order, and the revocation of that order.

Note: Where the Minister has, by order published in the Gazette, authorised Council to make interim heritage orders for items in the councils area.

2 positionsHeritage Act 1977

P15 - Section 68 Activity – Approvals
Determine an application for approval of an activity specified in the Table set out in section 68 of the Local Government Act 1993 (“Section 68 Activity”).
2 positionsLocal Government Act 1993

P16 - Section 68 Activity - Amend
Determine an application to amend an approval of a Section 68 Activity, pursuant to section 106 of the Local Government Act 1993.
15 positionsLocal Government Act 1993

P17 - Section 68 Activity - Renew
Authorise the giving of a refund of fees paid by an applicant for an application for a Section 68 Activity which is withdrawn, pursuant to section 88(3) of the Local Government Act 1993.
11 positionsLocal Government Act 1993

P18 - Section 68 Activity - Rejections
Reject unclear or illegible applications for approval, pursuant to section 85 of the Local Government Act 1993.
19 positionsLocal Government Act 1993

P19 - Part 5 Functions – Environmental Planning & Assessment Act 1979
Exercise the Council’s functions and duties under Part 5 of the Environmental Planning and Assessment Act 1979
9 positionsEnvironmental Planning & Assessment Act 1979

P2 - Refund for Certain Fees
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.
10 positionsEnvironmental Planning & Assessment Regulation 2021

P20 - Section 68 Activity – Extensions and Renewals
Extend or renew approvals in accordance with section 107 of the Local Government Act 1993.
12 positionsLocal Government Act 1993

P21 - Section 68 Activity – Revoke or Modify
Revoke or modify approvals in accordance with section 108 of the Local Government Act 1993.
4 positionsLocal Government Act 1993

P22 - Outstanding Orders Certificate
Issue a certificate as to outstanding orders or notices under Schedule 5 Environmental Planning and Assessment Act 1979 and section 735A Local Government Act 1993.
2 positionsEnvironmental Planning and Assessment Act 1979

Local Government Act 1993

P23 - Section 34 Agreements

Reach agreement or give consent to the disposing of a Class 1 Appeal, on behalf of the Council, during a conciliation conference pursuant to sections 34(3) and 34(4)(b) of the Land and Environment Court Act 1979.

Note: Except where the development application or section 96 application has been refused by Council resolution.

4 positionsLand and Environment Court Act 1979

P24 - Temporary Use of Outdoor Space for Dining and Performance
Exercise the Council's functions under section 166 of the Liquor Act 2007.
2 positionsLiquor Act 2007

P25 - Classification of Public Land
Issue a certificate stating the classification of public land pursuant to section 54 of the Local Government Act 1993.
3 positionsLocal Government Act 1993

P26 - Community Land Development
Exercise any functions of the Council as consent authority under the Community Land Development Act 2021 and associated Regulation including Council’s functions with respect to section 47 relating to development contracts.
3 positionsCommunity Land Development Act 2021

P27 - Review Determinations

Review determinations under Part 4 and sections 8.2, 8.3, 8.4 and 8.5 of the Environmental Planning and Assessment Act 1979. 

Provided:
a) the original determination was made under delegated authority; and
b) the review is not conducted by the delegate who made the determination; and 
c) the review is conducted by another delegate of the council who is not subordinate to the delegate who made the determination.

 

2 positionsEnvironmental Planning and Assessment Act 1979

P28
Determine an application to review a determination of a modification pursuant to section 8.9 of the Environmental Planning and Assessment Act 1979 where that modification has been refused or conditions have been imposed and where the position holder’s delegation would have authorised them to determine the application for a modification of consent that has resulted in the review.
2 positionsEnvironmental Planning and Assessment Act 1979

P3 - Development Applications and Complying Development Certificates – Officer Delegation

Determine development applications and applications for a complying development certificate and issue the relevant Notice of Determination. 

Restriction: Delegate’s can determine applications except in the following circumstances:

(i) where a submission by way of an objection to the application has been submitted to Council during the public notification period, unless the application is being determined by way of refusal or in the delegated officer’s opinion, the objection:

(A) is deemed to be unreasonable to warrant refusal of the application having regard to:

  • the application’s overall compliance with statutory development controls and standards as well as their objectives,
  • the number of unique objections received, and
  •  the likely impacts of the application; or

(B) can be satisfied by the imposition of a condition of consent,

(ii) the development involves designated development as defined in the Environmental Planning and Assessment Act 1979,

(iii) the development involves the erection of, or alteration to, residential flat buildings containing more than 20 dwellings,

(iv) the development does not comply with any adopted Council policy (including a development control plan) unless, in the Chief Executive Officer’s opinion compliance with the policy is unreasonable and unnecessary in the circumstances or is being determined by way of refusal,

(v) the development does not comply with a development standard unless it is being determined by way of refusal or the Chief Executive Officer is satisfied of the matters prescribed by the relevant clause which gives power to vary the development standard and is less than 10% as a numerical variation of a development standard;

(vi) the development involves the subdivision of land into more than 100 lots, or

(vii) the development has an estimated value exceeding $10 million.

(viii) developments defined as Regionally Significant Development as described in Schedule 6 of State Environmental Planning Policy (Planning Systems) 2021.

 
 
 
 
 

 

 

18 positionsShellharbour Local Environmental Plan 2013

Environmental Planning & Assessment Act 1979

State Environmental Planning Policy No. 1

P3(a) - Development Applications and Complying Development Certificates – Executive Delegation

Determine development applications, and applications for a complying development certificate and issue the relevant Notice of Determination. 

Restriction: Delegate’s can determine applications except in the following circumstances:

(i)where a submission by way of an objection to the application has been submitted to Council during the public notification period, unless the application is being determined by way of refusal or in the Chief Executive Officer’s opinion, the objection:

 (A) is deemed to be unreasonable to warrant refusal of the application having regard to:

  • the application’s overall compliance with statutory development controls and standards as well as their objectives,
  • the number of unique objections received,
  • the likely impacts of the application; or

(B) can be satisfied by the imposition of a condition of consent,

(ii) the development involves designated development as defined in the Environmental Planning and Assessment Act 1979,

(iii) the development does not comply with any adopted Council policy (including a development control plan) unless, in the Chief Executive Officer’s opinion compliance with the policy is unreasonable and unnecessary in the circumstances or is being determined by way of refusal,

(iv) the development does not comply with a development standard unless it is being determined by way of refusal or the Chief Executive Officer is satisfied of the matters prescribed by the relevant clause which gives power to vary the development standard

(v) the development has an estimated value exceeding $30 million.

(vi) developments defined as Regionally Significant Development as described in Schedule 6 of State Environmental Planning Policy (Planning Systems) 2021.

 
3 positionsShellharbour Local Environmental Plan 2013

State Environmental Planning Policy (Planning Systems) 2021

Environmental Planning and Assessment Act 1979

P30 - Calderwood Urban Project Development
The Chief Executive Officer sub-delegates to the person holding, or duly acting in this position, within the organisation structure of the Council from time to time all of the Functions of the Council under the Environmental Planning and Assessment Act 1979 relating to the Calderwood Urban Development Project which have been delegated to me by the Council and which are capable of being lawfully sub-delegated by me.
6 positionsEnvironmental Planning and Assessment Act 1979

P31 - Extend Development Consent
Determine an application to extend a development consent pursuant to section 4.54 of the Environmental Planning and Assessment Act 1979
3 positionsEnvironmental Planning and Assessment Act 1979

P32 - Strata Parking and Strata Scheme Orders
Exercise Council’s functions under sections 112, 234, 235 and 236 of the Strata Schemes Management Act 2015.
0 positionsStrata Schemes Management Act 2015

P33 - Interim Heritage Orders – Exemptions
Determine applications for exemption under section 57(3) of the Heritage Act 1977. 
0 positionsHeritage Act 1977

P34 - Applications for Approval – Heritage Act 1977
Give public notice of and determine an application for approval, including modification of an approval, under Part 4, Division 3, Subdivision 1.
0 positionsHeritage Act 1977

P35 - Section 68 Activity – Further Information

Request an applicant provide more information that is reasonably necessary to enable the proper determination of the application for Section 68 Activity, under section 86 of the Local Government Act 1993.

Note: The request must be made within 21 days after the council receives the application (s 86(2)).

0 positionsLocal Government Act 1993

P36 - Section 68 Activity – Review
Determine an application for review of determinations under section 100 of the Local Government Act 1993.
0 positionsLocal Government Act 1993

P37 - Lapsing of Consent

Reduce the period specified in section 4.53(1)(a) or (b) in granting development consent.

Note: Under the Act, a consent authority’s power to reduce the period for granting consent does not:
(a)  apply to development consent granted to a concept development application under Division 4.4 for development that requires a subsequent development application and consent, or
(b)  authorise a reduction to be made that would cause—
(i)  a development consent to erect or demolish a building or to subdivide land to lapse within 2 years after the date from which the consent operates, or
(ii)  a development consent that commences operation during the prescribed period to lapse within 5 years after the date from which the consent operates, or
(iii)  a development consent of a kind prescribed by the regulations to lapse within the period prescribed by the regulations in relation to the consent.

 
0 positionsEnvironmental Planning and Assessment Act 1979

P38 - Revoke or Modify Development Consent or Complying Development Certificate

Revoke or modify a development consent or complying development certificate. 

Note: Must be by instrument in writing.

0 positionsEnvironmental Planning and Assessment Act 1979

P39 - Restricted Premises Application
Make applications to the Land and Environment Court that premises are not to be used for the purpose of a brothel, as provided for in Part 3 of the Restricted Premises Act 1943.
0 positionsRestricted Premises Act 1943

P4 - Clause 4.6 Variations

Determine an application which varies from a development standard contained in an environmental planning instrument.

Note: Where the variation is:

(a) supported by a written request;

(b) compliance with the standard is unreasonable or unnecessary in the circumstances of the case;

(c) there are sufficient planning grounds to justify the contravention to the development standard;

(d) the contravention does not undermine the intention of the standard (objectives); and

(e) the proposed development will be in the public interest and is not contrary to the objectives of the zone.

3 positionsEnvironmental Planning & Assessment Regulation 2021

Shellharbour Local Environmental Plan 2013

P40 - Planning Proposals
Exercise the plan making functions under division 3.4 of the Environmental Planning and Assessment Act 1979, including to exercise the functions of Council as a Planning Proposal Authority, to prepare a Planning Proposal and to refer the preparation to a Planning Proposal to an independent party.
0 positionsEnvironmental Planning and Assessment Act 1979

P41 - Conditions Satisfied
Determine whether a condition imposed under section 4.17(2) of the Environmental Planning and Assessment Act 1979 has been satisfied.
0 positionsEnvironmental Planning and Assessment Act 1979

P42 - Departmental Delegations
Exercise any delegation conferred from time to time by the Minister for Planning and Public Spaces or the Director-General of the Department of Planning, Housing and Infrastructure under the Environmental Planning and Assessment Act 1979.
0 positionsEnvironmental Planning and Assessment Act 1979

P43 - Heritage Conservation – Consent not Required
Determine requests made under clause 5.10(3) of the Shellharbour Local Environmental Plan 2013.
0 positionsShellharbour Local Environmental Plan 2013

P5

Determine an application to modify a development consent pursuant to section 4.55 and 4.56 of the Environmental Planning and Assessment Act 1979 and issue the relevant Notice of Determination.

Note: Position holder’s delegation would have authorised them to determine the development application that resulted in the development consent which is the subject of the modification application.

14 positionsEnvironmental Planning and Assessment Act 1979

P5(a) - to be removed following review

Determine applications pursuant to the following provisions of the Environmental Planning and Assessment Act 1979:

(A) Section 4.55(1) – to modify (on application) a development consent to correct minor error, misdescription or miscalculation;

(B) Section 4.55(1A) - to determine applications for modifications of minimal environmental impact;

(C) Section 4.55(2) – to determine applications for other modifications for consents subject to restrictions of the Environmental Planning and Assessment Act 1979, provided that:

(i) the original application was not determined by Council;

(ii) does not conflict with the aims and objectives of Development Control Plans

(iii) objections are not received to the modifications unless they are considered to be unreasonable or satisfied by a condition of consent

(D) Section 4.56 – to determine (on application) to modify the development consent if satisfied that the development is substantially the same development as to which consent was granted.

4 positionsEnvironmental Planning and Assessment Act 1979

P6 - Complying Development Certificates
Determine an application for a complying development certificate pursuant to section 4.28 of the Environmental Planning and Assessment Act 1979.
7 positionsEnvironmental Planning and Assessment Act 1979

P7 - Part 6 Certificates
Determine an application for a construction certificate, subdivision works certificate, compliance certificate, occupation certificate and a Part 6 application under the Environmental Planning and Assessment Act 1979.
10 positionsEnvironmental Planning and Assessment Act 1979

P8 - Principal Certifier
Represent the Council as Principal Certifier.
13 positionsEnvironmental Planning and Assessment Act 1979

P9
Exercise the Council’s functions and duties under Part 6 of the Environmental Planning and Assessment Act 1979.
10 positionsEnvironmental Planning and Assessment Act 1979



Public Officer, Council Documents and Governance

DelegationPositionsLegislation
D1 - Public Officer
Act as the Council’s public officer, pursuant to section 342(1) of the Local Government Act 1993.
1 positionLocal Government Act 1993

D1(a) - Public Officer – Execution of Documents
Authority to sign all documentation on behalf of the Council in place of the Chief Executive Officer (including contracts, leases, transfers, deeds of agreement etc) and in accordance with any necessary resolution of the Council having regard to section 377 of the Local Government Act 1993, subject to any limits imposed by section 683 of the Local Government Act 1993.
1 positionLocal Government Act 1993

D2 - Council Records

Exercise the Council’s functions under the State Records Act 1998, including the disposal of Council records and the making of open and closed access directions in accordance with that Act and the State Records Regulation 2015.

Note: Refer also to Functional Retention and Disposal Authority FA450.

7 positionsState Records Act 1998

State Records Regulation 2015

D3 - GIPA - Applications

Determine and review applications for access to Council's documents pursuant to the Government Information (Public Access) Act 2009 and in accordance with the Council’s adopted policy entitled "Access to Council Information - Under the Provisions of the Government Information (Public Access) Act 2009".

Note: In respect of a review of an application, the delegate reviewing must not have made the determination the subject of that review.

7 positionsGovernment Information (Public Access) Act 2009

D4 - Complaints
Investigate and be responsible for the coordination of the investigation of complaints received under the Council’s Complaint Handling Policy.
2 positions
D5 - ARIC Meeting Coordinator
Be responsible for the coordination of the business, meetings and outcomes of meetings of Shellharbour City Council's Audit, Risk and Improvement Committee.
2 positions
D6 - Privacy and Personal Information
Exercise any delegable functions of the Council under the Privacy and Personal Information Protection Act 1998, including determine an application for internal review under section 53 of that Act.
3 positionsPrivacy and Personal Information Protection Act 1998

D7 - Council functions under Local Government Act 1993
Exercise all functions conferred or imposed on any Council employee under other Acts, in accordance with section 22 of the Local Government Act 1993.
0 positionsLocal Government Act 1993

D8 - Exercise of Functions Conferred or Imposed on Council Employees
Exercise all functions conferred or imposed on any Council employee under other Acts, in accordance with section 381 of the Local Government Act 1993.
0 positionsLocal Government Act 1993

D9 - Certify Documents
Certify copies of documents on behalf of the Chief Executive Officer in accordance with section 10.8 of the Environmental Planning and Assessment Act 1979. 
0 positionsEnvironmental Planning and Assessment Act 1979



Regulation & Enforcement

DelegationPositionsLegislation
R1 - Regulatory and Enforcement
Issue a direction pursuant to section 23 of the Swimming Pools Act 1992.
11 positionsSwimming Pools Act 1992

R10 - Carry Out Road Widening
Direct a landowner affected by a road widening order to carry out work to restore the land under section 26 of the Roads Act 1993.
11 positionsRoads Act 1993

R11 - Private Road Works
Direct the owner of a private road (other than a classified road) to carry out work to prevent the road from becoming unsafe or unsightly, under section 86(1) of the Roads Act 1993.
11 positionsRoads Act 1993

R12 - Regulatory and Enforcement – Environmental Planning and Assessment Act 1979

Exercise Council's enforcement and regulatory functions under Sections 9.13-9.37 and Schedule 5 of the Environmental Planning and Assessment Act 1979 concerning the issue of Orders, including authorising the carrying out of work by Council to give effect to the terms of an Order.

Note: Excluding the appointment of ‘Authorised Officers’ which remains with the General Manager.
Note the requirements of the Building and Development Certifiers Act 2018 and the regulations made under that Act in respect of directions issued by registered certifiers.

 
25 positionsEnvironmental Planning and Assessment Act 1979

R13 - Regulatory and Enforcement – Contaminated Land Management Act 1997
Exercise the Council's regulatory functions under the Contaminated Land Management Act 1997 including issuing a notice and entering a payment arrangement under section 35 of that Act.
5 positionsContaminated Land Management Act 1997

R17 - Revoke Penalty Infringement Notices
Exercise authority to revoke or cancel any Penalty Infringement Notice issued by a Council officer.
5 positions
R18 **to be removed once split up**

Issue notices, orders and directions under the:

- Environmental Planning and Assessment Act 1979

- Local Government Act 1993

- Swimming Pools Act 1992

- Protection of the Environment Operations Act 1997

- Public Health Act 2010

- Food Act 2003

- Companion Animals Act 1998

- Road Transport Act 2013

31 positionsEnvironmental Planning and Assessment Act 1979

Local Government Act 1993

Swimming Pools Act 1992

Protection of the Environment Operations Act 1997

Public Health Act 2010

Food Act 2003

Companion Animals Act 1998

Road Transport Act 2013

R19 - Regulatory and Enforcement – Crown Lands Management Act 2016

An authorised person appointed as a Council Investigation Officer may serve a penalty notice on anyone who appears to the authorised person to have committed an offence under the Crown Land Management Act 2016 and the Crown Land Management Regulation 2018.

Note: Excluding the appointment of ‘Authorised Officers’ which remains with the General Manager.

13 positionsCrown Lands Management Act 2016

R2 - **to be removed following split**
Give an owner or occupier of premises written notice of Council's intention to enter premises pursuant to the provisions of the Environmental Planning and Assessment Act 1979, Local Government Act 1993, Swimming Pools Act 1992 and any other legislation by which an authorised officer or person authorised by Council has the power to enter premises and under which prior notice is required.
63 positionsEnvironmental Planning and Assessment Act 1979

Local Government Act 1993

Swimming Pools Act 1992

Public Health Act 2010

Companion Animals Act 1998

Plumbing and Drainage Act 2011

R20 - Entry – Local Government Act 1993

Exercise authority to enter any premises for the purpose of property maintenance pursuant to an Order issued under the Local Government Act 1993 (sections 191, 193 and 678).

Note: Power given to a council employee or other person authorised by council and subject to the restrictions and conditions of entry set out in the Local Government Act 1993, including:
a) written notice given before the day of intended entry (s 193(2)); and
b) at a reasonable hour (s 191(2)).

 
0 positionsLocal Government Act 1993

R22 - Regulatory, Enforcement and Entry – Marine Pollution Act 2012

Exercise Council's enforcement and regulatory functions under the Marine Pollution Act 2012 Part 16, including:

a) authorising and carrying out clean up action in respect of a marine pollution incident;

b) issuing a compliance cost notice;

c) exercise authority to enter any premises pursuant to section 214.

Note: Subject to the restrictions and conditions of entry set out in the Marine Pollution Act 2012, including being at a reasonable time.

0 positionsMarine Pollution Act 2012

R23 - Regulatory, Enforcement and Entry – Pesticides Act 1999

Exercise Council's enforcement and regulatory functions under the Pesticides Act 1999 Part 3 including:

a) authorising and carrying out clean up action in respect of pesticide pollution;

b) issuing a compliance cost notice;

c) exercise authority to enter any premises pursuant to section 214.

Note: Subject to the restrictions and conditions of entry set out in the Pesticides Act 1999, including being at a reasonable time.

0 positionsPesticides Act 1999

R24
Authority to revoke a dangerous dog declaration in accordance with section 39 of the Companion Animals Act 1998, and revoke a declaration made by an authorised officer that a dog is a restricted dog in accordance with section 58D of the Companion Animals Act 1998 and give notice of revocation or non-revocation. 
3 positionsCompanion Animals Act 1998

R25 - Regulatory and Enforcement – Public Spaces (Unattended Property) Act 2021

Exercise Council's enforcement and regulatory functions under the Public Spaces (Unattended Property) Act 2021.

Note: Excluding authorising the return of any unattended property or the destruction or sale of a surrendered or seized animal and excluding the appointment of ‘Authorised Officers’ which remains with the General Manager.

0 positionsPublic Spaces (Unattended Property) Act 2021

R27 - Regulatory and Enforcement – Local Government Act 1993

Exercise Council's enforcement and regulatory functions under Chapter 7 of Part 2 of the Local Government Act 1993 concerning the issue of Orders, including authorising the carrying out of work by Council to give effect to the terms of an Order.

Note: Excluding the appointment of ‘Authorised Officers’ which remains with the General Manager.
Note the requirements of the Building and Development Certifiers Act 2018 and the regulations made under that Act in respect of directions issued by registered certifiers.

 
0 positionsLocal Government Act 1993

R28 - Regulatory and Enforcement – Environmental Planning and Assessment Act 1979

Exercise Council's regulatory and enforcement functions under the Environmental Planning and Assessment Act 1979, including issue notices, orders, penalty notices and directions.

Note: Excluding the appointment of ‘Authorised Officers’ which remains with the General Manager.
Note the requirements of the Building and Development Certifiers Act 2018 and the regulations made under that Act in respect of directions issued by registered certifiers.

 
0 positionsEnvironmental Planning and Assessment Act 1979

R29 - Regulatory and Enforcement – Local Government Act 1993

Exercise Council’s regulatory and enforcement functions under the Local Government Act 1993 and the regulations made under that Act, including issue notices, orders, penalty notices and directions.

Note: Excluding the appointment of ‘Authorised Person’ which remains with the General Manager.

0 positionsLocal Government Act 1993

R3 - **to be removed after review**

Exercise Council's enforcement and regulatory functions under the Companion Animals Act 1998. 

Note: Excluding authorising the sale or destruction of a surrendered or seized animal and excluding the appointment of ‘Authorised Officers’ which remains with the General Manager. 

13 positionsCompanion Animals Act 1998

R30 - Regulatory and Enforcement – Swimming Pools Act 1992

Exercise Council’s regulatory and enforcement functions under the Swimming Pools Act 1992, including: 
a) determine applications for a certificate of compliance and for an exemption from the barrier          requirements under sections 22 and 22D; 
b) carry out inspections of a swimming pool at the owner’s requestion under section 22C; and 
c) issue a notice or direction under section 23.

Note: Excluding the appointment of ‘Authorised Officers’ which remains with the General Manager.

 
0 positionsSwimming Pools Act 1992

R31 - Regulatory and Enforcement – Protection of the Environment Operations Act 1997

Exercise Council’s regulatory and enforcement functions under the Protection of the Environment Operations Act 1997, including issuing a clean up direction, issuing a prevention notice, issuing a compliance cost notice, revoking a smoke abatement notice, issuing a notice requiring the production or information and records, issuing, revoking or varying a noise control notice.

Note: Excluding the appointment of ‘Authorised Officers’ which remains with the General Manager.

0 positionsProtection of the Environment Operations Act 1997

R32 - Regulatory and Enforcement – Public Health Act 2010

Exercise Council’s regulatory and enforcement functions under the Public Health Act 2010, including issue notices, orders, penalty notices and directions.

Note: Excluding the appointment of ‘Authorised Officers’ which remains with the General Manager.

0 positionsPublic Health Act 2010

R33 - Regulatory and Enforcement – Food Act 2003

Exercise Council’s regulatory and enforcement functions under the Food Act 2003, including issue notices, orders, penalty notices and directions.

Note: Exercise in accordance with section 111B.
Excluding the appointment of ‘Authorised Officers’ which remains with the General Manager.

 
0 positions
R34 - Regulatory and Enforcement – Companion Animals Act 1998

Exercise Council’s regulatory and enforcement functions under the Companion Animals Act 1998, including issue notices, orders, penalty notices and directions.

Note: Excluding the appointment of ‘Authorised Officers’ which remains with the General Manager.

0 positionsCompanion Animals Act 1998

R35 - Regulatory and Enforcement – Road Transport Act 2013

Exercise Council’s regulatory and enforcement functions under the Road Transport Act 2013, including issue notices, orders, penalty notices and directions.

Note: Excluding the appointment of ‘Authorised Officers’ which remains with the General Manager.

0 positionsRoad Transport Act 2013

R36 - Issue Penalty Notices under the Fines Act 1996.
Issue penalty notices under the Fines Act 1996.
0 positionsFines Act 1996

R37 - Penalty Notices – Review
Exercise Council’s functions as reviewing agency under Part 3, Division 2A of the Fines Act 1996. 
0 positionsFines Act 1996

R4 - Sale and Destruction – Companion Animals Act 1998
Authorise the sale or destruction of a surrendered or seized animal under the Companion Animals Act 1998. 
5 positionsCompanion Animals Act 1998

R5 - ** to be removed once split**

Exercise 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.

17 positionsProtection of the Environment and Operations Act 1997

R6 - **to be removed after split**
Exercise Council's functions under the Food Act 2003 in accordance with any limitations and conditions imposed by the Food Authority under section 111B of the Food Act 2003.
11 positionsFood Act 2003

R7 - **to be removed after split**
Exercise the Council's functions under Part 3 Division 5 of the Public Health Act 2010, including the issue of an improvement notice or prohibition order.
9 positionsPublic Health Act 2010

R8 - Road Protection Directions

Give a direction under Part 7 of the Roads Act 1993.

Note: Where Council is the roads authority. 

20 positionsRoads Act 1993

R9 - Prohibition to Travel Along Specific Road

Issue (and revoke) an order prohibiting a person from causing a vehicle under the person’s control to pass along a specified local road under section 122 of the Roads Act 1993.

Note: Where Council is the roads authority. 

25 positionsRoads Act 1993



Shell Cove

DelegationPositionsLegislation
S1

Subject to the overriding authority and delegations of the Chief Executive Officer, authority to:

- Exercise all functions and powers of the Council representative on the Shell Cove Management Committee and do all things necessary to ensure that the Shell Cove Project is generally managed in accordance with the adopted feasibility study, annual program and Council's adopted directions and policies; and

- Sign notices of authority on behalf of Council to permit purchasers of lots within Shell Cove to lodge Development Applications and conforming Development Applications prior to the settlement of the individual properties.

1 position
S2

Subject to the overriding authority and delegations of the Executive Director Business Enterprises, authority to:

- Exercise all functions and powers of the Council representative on the Shell Cove Management Committee and do all things necessary to ensure that the Shell Cove Project is generally managed in accordance with the adopted feasibility study, annual program and Council's directions and policies; and

- Sign notices of authority on behalf of Council to permit purchasers of lots within Shell Cove to lodge Development Applications and conforming Development Applications prior to the settlement of the individual properties.

 

2 positions
S3

Subject to the overriding authority and delegations of the Executive Director Business Enterprises, authority to:

- Exercise all functions and powers of the Council representative on the Shell Cove Management Committee.

1 position


Shellharbour Airport

DelegationPositionsLegislation
SA1 - Runway Concessions
Issue runway pavement concessions.
2 positions
SA2 - Waive Landing Fees

Have discretion to waive landing fees for aircraft involved in:

- Airport promotional events

- Angel flight services

- Scouts and Aerial Cadet activities

- Emergency Services activities

2 positions
SA3
Exercise the Council's functions under Part 9 of the Civil Aviation Regulations 1988 (Cth).
3 positionsCivil Aviation Regulations 1988 (Cth)

SA4 - Aerodrome Manual
Exercise the Council's function identified in the Shellharbour Airport Aerodrome Manual required by Division 139.C.1.
3 positionsCivil Aviation Regulations 1988 (Cth)

SA5 - Airport Operator - Aviation Transport Security Act 2004
Exercise the Council's functions under the Aviation Transport Security Act 2004 (Cth), including Council's functions as an airport operator.
3 positionsAviation Transport Security Regulation 2005 (Cth)

Aviation Transport Security Act 2004 (Cth)



Works

DelegationPositionsLegislation
W1 - Cemetery Operator Register
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) pursuant to Cemeteries and Crematoria Act 2013. 
3 positionsCemeteries and Crematoria Act 2013

W10 - Approval to Use Road for Food or Drink Premises

Determine applications for approval to use part of a footway for the purposes of a restaurant, under Part 9 Division 1 of the Roads Act 1993.

Note: Where Council is the roads authority. A roads authority may not grant an approval in relation to the use of a classified road without the agreement of Transport for NSW (s 125(2)).

 
5 positionsRoads Act 1993

W11 - Revoke Permit
Issue and revoke a permit to an occupier of land under Part 9 Division 2 of the Roads Act 1993.
3 positionsRoads Act 1993

W12 - Street Vending Consents

Grant, revoke, transfer or extend the term of a street vending consent pursuant to Part 9 Division 3 of the Roads Act 1993.

Note: Where Council is the roads authority. A consent may not be given with respect to a classified road except with the concurrence of TfNSW (s 138(2)). A roads authority may revoke a street vending consent if:

(a) a condition of the consent or a requirement under this Division is breached, or

(b) it is of the opinion that it is necessary to do so because of a change in the traffic or other road safety circumstances affecting the road (s 139C(1)).

The roads authority may only revoke the street vending consent by notice in writing served on the holder of the consent (s 139C(2)).

 
3 positionsRoads Act 1993

W13 - Regulation of Traffic – Works, Protection and Activity

Authorise the regulation of traffic on a public road by means of barriers or notices for any of the purposes set out in section 115(2) of the Roads Act 1993 (in so far as they apply to the Council as a roads authority), including the authority to appoint traffic controllers in accordance with clause 6 of the Roads Regulation 2018.

Note: Where Council is the roads authority. Notice requirements under section 5 of the Roads Regulation 2018, including by means of a notice published in a local newspaper or on Council’s website and erecting conspicuous signage on the road. Notice must be given at least 7 days prior to the closure, unless the closure is due to an emergency.

 
82 positionsRoads Act 1993

Roads Regulation 2018

W14 - Regulation of Traffic – Order

Authorise the temporary regulation of traffic on public roads for which Council is the roads authority under section 122 of the Roads Act 1993, including the issue of an order under section 122(2) of the Roads Act 1993.

Note: Where Council is the roads authority. 

18 positionsRoads Act 1993

W15 - Authority to Erect Structures

Authorise the holder of a footway dining approval to erect and maintain structures in, or over any part, of the footway pursuant to section 126 of the Roads Act 1993.

Note: Where Council is the roads authority. A roads authority may not grant an approval in relation to the use of a classified road without the agreement of Transport for NSW (s 125(2)).

 
4 positionsRoads Act 1993

W16 - Permit for Public Gate

Determine applications for a permit to erect a public gate on a Council road pursuant to section 128 of the Roads Act 1993, and revoke any such permits under section 130 of the Roads Act 1993.

Note: Where Council is the roads authority. A roads authority must cause notice of the granting of the permit to be published in a local newspaper (s 128(3)). A permit may not be granted with respect to a classified road except with the concurrence of TfNSW (s 128(2)).

 
8 positionsRoads Act 1993

W17 - Road Events

Grant a permit to any person to conduct a road event on a public road, pursuant to section 144 of the Roads Act 1993, where the Council is the roads authority.

Note: Where Council is the roads authority. A permit may not be granted with respect to a classified road except with the consent of TfNSW (s 144(2)). A permit may not be granted with respect to an activity for which an approval is required under section 115 (Races, attempts on speed records and other speed trials) of the Road Transport Act 2013 unless such an approval is in force (s 144(3)).

 
10 positionsRoads Act 1993

W18 - Identification of Public Roads

Authority to name and number all public roads.

Note: Where Council is the roads authority. Must give the Geographical Names Board at least one month’s notice of the proposed name (s 162(3)). Must comply with adopted Road Naming Policy

 
0 positionsRoads Act 1993

W19 - Application for Road Closure
Make an application for the closure of a public road or crown public road, pursuant to section 34 of the Roads Act 1993.
8 positionsRoads Act 1993

W2 - Notify Cemeteries Agency
Authority to notify the Cemeteries Agency in relation to the Cemeteries and Crematoria Register pursuant to Cemeteries and Crematoria Act 2013.
3 positionsCemeteries and Crematoria Act 2013

W20 - Closure of Temporary Public Road

Cause a temporary public road to be closed by publishing a notice in the Gazette, pursuant to section 39 of the Roads Act 1993.

Note: A temporary public road may only be closed if the road does not give access to an isolated road.

7 positionsRoads Act 1993

W21 - Permit for By-pass

Grant/revoke a permit to an occupier of land (being an occupier of land adjoining an unfenced public road across which a public gate is situated at the point where the road intersects at the boundary fence) to construct a by-pass for vehicles at the intersection with the boundary fence, pursuant to sections 133 and 136 of the Roads Act 1993.

Note: Where Council is the roads authority. The roads authority may not permit or require the construction of a by-pass—
(a)  if the by-pass is to be used in connection with a public gate across a main road, except with the concurrence of TfNSW, and
(b)  if the public gate is part of a rabbit proof, dog proof or marsupial proof fence, except with the concurrence of Local Land Services (s 133(2)).

 
6 positionsRoads Act 1993

W22 - Section 138 Approvals

Determine and grant an application for 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, pursuant to sections 138, 139 and 140 of the Roads Act 1993, where the Council is the roads authority.

Note: Where Council is the roads authority. A consent may not be given with respect to a classified road except with the concurrence of TfNSW (s 138(2)).

 
27 positionsRoads Act 1993

W23 - Closure of Council Public Road

Propose the closure of, and close, a council public road, under Part 9, Division 3 of the Roads Act 1993.

Note: A council may propose the closure of a council public road for which it is the roads authority if—
(a)  the road is not reasonably required as a road for public use (whether for present or future needs), and
(b)  the road is not required to provide continuity for an existing road network, and
(c)  if the road provides a means of vehicular access to particular land, another public road provides lawful and reasonably practicable vehicular access to that land (s 38A).

Refer to notice requirements under s 38B, including publication in the local newspaper (s 38B(1)(a)). 

 
0 positionsRoads Act 1993

W24 - Installation of Traffic Control

Approve the installation of prescribed traffic control devices (including portable traffic control lights) at Council worksites in accordance with any Delegation in force,  issued by the Chief Executive of Transport for NSW and under section 3I of the Transport Administration Act 1988.

53 positionsTransport Administration Act 1988

W3 - Comply with Improvement Notice
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 of the Cemeteries and Crematoria Act 2013.
4 positionsCemeteries and Crematoria Act 2013

W4 - Appeal Improvement Notice
Authority to appeal against an improvement notice issued by the Cemeteries Agency pursuant to Cemeteries and Crematoria Act 2013 Notice Appeal.
3 positionsCemeteries and Crematoria Act 2013

W5 - Heritage Advisory Committee
Authority to establish a heritage advisory committee, and appoint a chairperson of the committee, in accordance with section 69 pursuant to Cemeteries and Crematoria Act 2013.
2 positionsCemeteries and Crematoria Act 2013

W6 - Advice from Heritage Advisory Committee
Authority to seek advice of the heritage advisory committee in accordance with section 69(2) of the Cemeteries and Crematoria Act 2013.
2 positionsCemeteries and Crematoria Act 2013

W7 - Interment Right
Authority to grant or renew, transfer to another person or transfer to the cemetery operator, an interment right pursuant to Cemeteries and Crematoria Act 2013, Interment right.
3 positionsCemeteries and Crematoria Act 2013

W8 - Graffiti Removal Work
Authorise graffiti removal work, with or without the agreement of the owner or occupier of the land in accordance with the requirements under part 4 of the Graffiti Control Act 2008.
0 positionsGraffiti Control Act 2008

W9 - Load Limits
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, pursuant to  the Road Transport (General) Regulation 2021.
16 positionsRoad Transport (General) Regulation 2021