Frankston City Council

S6 Instrument of Delegation - Members of Staff
Cemeteries and Crematoria Act 2003
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 8(1)(a)(ii) Power to manage one or more public cemeteries 2 Delegates Where Council is a Class B cemetery trust
s 12(1) Function to properly and efficiently manage and maintain each public cemetery for which responsible and carry out any other function conferred under this Act
14 Delegates Where Council is a Class B cemetery trust
s 12(2) Duty to have regard to the matters set out in paragraphs (a ) - (c) in exercising its functions
3 Delegates Where Council is a Class B cemetery trust
s 13 Duty to do anything necessary or convenient to enable it to carry out its functions
8 Delegates
s 14 Power to manage multiple public cemeteries as if they are one cemetery.
2 Delegates
s 15(4) Duty to keep records of delegations
8 Delegates
s 17(1) Power to employ any persons necessary
4 Delegates
s 17(2) Power to engage any professional, technical or other assistance considered necessary 14 Delegates
s 17(3) Power to determine the terms and conditions of employment or engagement
6 Delegates Subject to any guidelines or directions of the Secretary
s 18(3) Duty to comply with a direction from the Secretary
10 Delegates
s 19 Power to carry out or permit the carrying out of works
14 Delegates
s 20(1) Duty to set aside areas for the interment of human remains
8 Delegates
s 20(2) Power to set aside areas for the purposes of managing a public cemetery
2 Delegates
s 20(3) Power to set aside areas for those things in paragraphs (a) - (e)
8 Delegates
s 24(2) Power to apply to the Secretary for approval to alter the existing distribution of land 2 Delegates
s 36 Power to grant licences to enter and use part of the land or building in a public cemetery in accordance with s 36
4 Delegates Subject to the approval of the Minister
s 37 Power to grant leases over land in a public cemetery in accordance with s 37
1 Delegates Subject to the Minister approving the purpose
s 40 Duty to notify Secretary of fees and charges fixed under s 39
6 Delegates
s 47 Power to pay a contribution toward the cost of the construction and maintenance of any private street adjoining or abutting a cemetery
1 Delegates Provided the street was constructed pursuant to the Local Government Act 1989
s 52 Duty to submit a report to the Secretary in relation to any public cemetery for which the cemetery trust is responsible for each financial year in respect of which it manages that cemetery 4 Delegates
s 57(1) Duty to submit a report to the Secretary every financial year in respect of powers and functions under the Act
6 Delegates Report must contain the particulars listed in s 57(2)
s 59 Duty to keep records for each public cemetery
8 Delegates
s 60(1) Duty to make information in records available to the public for historical or research purposes

8 Delegates
s 60(2) Power to charge fees for providing information
8 Delegates
s 64(4) Duty to comply with a direction from the Secretary under s 64(3)
8 Delegates
s 64B(d) Power to permit interments at a reopened cemetery 8 Delegates
s 66(1) Power to apply to the Minister for approval to convert the cemetery, or part of it, to a historic cemetery park
3 Delegates The application must include the requirements listed in s 66(2)(a)-(d)
s 69 Duty to take reasonable steps to notify of conversion to historic cemetery park
8 Delegates
s 70(1) Duty to prepare plan of existing places of interment and make a record of any inscriptions on memorials which are to be removed
8 Delegates
s 70(2) Duty to make plans of existing place of interment available to the public
8 Delegates
s 71(1) Power to remove any memorials or other structures in an area to which an approval to convert applies
8 Delegates
s 71(2) Power to dispose of any memorial or other structure removed
8 Delegates
s 72(2) Duty to comply with request received under s 72
8 Delegates
s 73(1) Power to grant a right of interment

8 Delegates
s 73(2) Power to impose conditions on the right of interment
8 Delegates
s 74(3) Duty to offer a perpetual right of interment 8 Delegates
Provision commences on 1 March 2022 unless proclaimed earlier
s 75 Power to grant the rights of interment set out in s 75(a) and (b)
8 Delegates
s 76(3) Duty to allocate a piece of interment if an unallocated right is granted 8 Delegates
s 77(4) Power to authorise and impose terms and conditions on the removal of cremated human remains or body parts from the place of interment on application
2 Delegates
s 80(1) Function of receiving notification and payment of transfer of right of interment
8 Delegates
s 80(2) Function of recording transfer of right of interment
8 Delegates
s 82(2) Duty to pay refund on the surrender of an unexercised right of interment
8 Delegates
s 83(2) Duty to pay refund on the surrender of an unexercised right of interment
8 Delegates
s 83(3) Power to remove any memorial and grant another right of interment for a surrendered right of interment

8 Delegates
s 84(1) Function of receiving notice of surrendering an entitlement to a right of interment
8 Delegates
s 84F(2)(d) Function of receiving notice of decision to vary or force the surrender of a right of interment under s 84C(2), (3) or (5)
5 Delegates
s 84H(4) Power to exercise the rights of a holder of a right of interment 5 Delegates
s 84I(4) Power to exercise the rights of a holder of a right of internment 4 Delegates
s 84I(5) Duty to pay refund to the previous holder or holders of the right of interment 5 Delegates
s 84I(6)(a) Power to remove any memorial on the place of interment 5 Delegates
s 84I(6)(b) Power to grant right of interment under s 73 5 Delegates
s.85(1) Duty to notify holder of 25 year right of interment of expiration at least 12 months before expiry
8 Delegates The notice must be in writing and contain the requirements listed in s 85(2)
s 85(2)(b) Duty to notify holder of 25 year right of interment of expiration of right at least 12 months before expiry 8 Delegates Does not apply where right of internment relates to remains of a deceased veteran.
85(2)(c) Power to leave interred cremated remains undistributed in perpetuity and convert right of interment to perpetual right of internment or;

remove interred remains and re-inter at another location within cemetery grounds and remove any memorial at that place and re-establish at new or equivalent location.
8 Delegates May only be exercised where right of interment relates to cremated human remains of a deceased identified veteran, if right of internment is not extended or converted to a perpetual right of interment

s 86 Power to remove and dispose of cremated human remains and remove any memorial if no action taken by right holder within time specified
8 Delegates
s 86(2) Power to leave interred cremated human remains undisturbed or convert the right of internment to a perpetual right of interment 8 Delegates
s 86(3)(a) Power to leave interred cremated human remains undisturbed in perpetuity and convert the right of interment to a perpetual right of interment 8 Delegates
s 86(3)(b) Power to remove interred cremated human remains and take further action in accordance with s 86(3)(b) 8 Delegates
s.86(4) power to take action under s.86(4) relating to removing and re-interring cremated human remains 8 Delegates
s.86(5) duty to provide notification before taking action under s.86(4) 8 Delegates
s 86A Duty to maintain place of interment and any memorial at place of interment, if action taken under s 86(3) 8 Delegates
s 87(3) Duty, if requested, to extend the right for a further 25 years or convert the right to a perpetual right of interment 8 Delegates
s 88 Function to receive applications to carry out a lift and re-position procedure at a place of interment
8 Delegates
s 91(1) Power to cancel a right of interment in accordance with s 91
8 Delegates
s 91(3) Duty to publish notice of intention to cancel right of interment
8 Delegates
s 92 Power to pay refund or grant a right of interment in respect of another place of interment to the previous holder of the cancelled right of interment
8 Delegates
s 98(1) Function of receiving application to establish or alter a memorial or a place of interment
8 Delegates
s 99 Power to approve or refuse an application made under s 98, or to cancel an approval
8 Delegates
s 99(4) Duty to make a decision on an application under s 98 within 45 days after receipt of the application or within 45 days of receiving further information where requested
7 Delegates
s 100(1) Power to require a person to remove memorials or places of interment
8 Delegates
s 100(2) Power to remove and dispose a memorial or place of interment or remedy a person's failure to comply with s 100(1)
7 Delegates
s 100(3) Power to recover costs of taking action under s 100(2)
8 Delegates
s 101 Function of receiving applications to establish or alter a building for ceremonies in the cemetery
8 Delegates
s 102(1) Power to approve or refuse an application under section 101, if satisfied of the matters in (b) and (c)
8 Delegates
s 102(2) & (3) Power to set terms and conditions in respect of, or to cancel, an approval granted under s 102(1)
8 Delegates
s 103(1) Power to require a person to remove a building for ceremonies
4 Delegates
s 103(2) Power to remove and dispose of a building for ceremonies or remedy the failure to comply with s 103(1)

4 Delegates
s 103(3) Power to recover costs of taking action under s 103(2)
8 Delegates
s 106(1) Power to require the holder of the right of interment of the requirement to make the memorial or place of interment safe and proper or carry out specified repairs 8 Delegates
s 106(2) Power to require the holder of the right of interment to provide for an examination
8 Delegates
s 106(3) Power to open and examine the place of interment if s 106(2) not complied with
8 Delegates
s 106(4) Power to repair or - with the approval of the Secretary - take down, remove and dispose any memorial or place of interment if notice under s 106(1) is not complied with
8 Delegates
s 107(1) Power to require person responsible to make the building for ceremonies safe and proper or carry out specified repairs
2 Delegates
s 107(2) Power to repair or take down, remove and dispose any building for ceremonies if notice under s 107(1) is not complied with
2 Delegates
s 108 Power to recover costs and expenses
8 Delegates
s 109(1)(a) Power to open, examine and repair a place of interment

2 Delegates Where the holder of right of interment or responsible person cannot be found
s 109(1)(b) Power to repaid a memorial or, with the Secretary's consent, take down, remove and dispose of a memorial
2 Delegates Where the holder of right of interment or responsible person cannot be found
s 109(2) Power to repair the building for ceremonies or, with the consent of the Secretary, take down, remove and dispose of a building for ceremonies 2 Delegates Where the holder of right of interment or responsible person cannot be found
s 110(1) Power to maintain, repair or restore a memorial or place of interment from other funds if unable to find right of interment holder. with consent of the Secretary
8 Delegates
s 110(1A) Power to maintain, repair or restore the place of interment if unable to find any of the other holders after diligent inquiries and with the consent of the Secretary 3 Delegates

Provision commences on 1 March 2022
s 110(2) Power to maintain, repair or restore any building for ceremonies from other funds if unable to find responsible person and with consent of the Secretary
2 Delegates
s 110A Power to use cemetery trust funds or other funds for the purposes of establishing, maintaining, repairing or restoring any memorial or place of interment of any deceased identified veteran 2 Delegates
s 111 Power to enter into agreement with a holder of the right of interment to maintain a memorial or place of interment
8 Delegates
s 112 Power to sell and supply memorials
8 Delegates
s 116(4) Duty to notify the Secretary of an interment authorisation granted
8 Delegates
s 116(5) Power to require an applicant to produce evidence of the right of interment holder's consent to application
8 Delegates
s 118 Power to grant an interment authorisation if satisfied that the requirements of Division 2 of Part 8 have been met
8 Delegates
s 119 Power to set terms and conditions for interment authorisations
8 Delegates
s 131 Function of receiving an application for cremation authorisation
1 Delegates
s 133(1) Duty not to grant a cremation authorisation unless satisfied that requirements of s 133 have been complied with
1 Delegates Subject to s 133(2)
s 145 Duty to comply with an order made by the Magistrates' Court or a coroner
4 Delegates
s 146 Power to dispose of bodily remains by a method other than interment or cremation
2 Delegates Subject to the approval of the Secretary
s 147 Power to apply to the Secretary for approval to dispose of bodily remains by a method other than interment or cremation
2 Delegates
s 149 Duty to cease using method of disposal if approval revoked by the Secretary
2 Delegates
s 150 & 152(1) Power to authorise the interment or cremation of body parts if the requirements of Division 1 of Part 11 are met
8 Delegates
s 151 Function of receiving applications to inter or cremate body parts
8 Delegates
s 152(2) Power to impose terms and conditions on authorisation granted under s 150
8 Delegates
Domestic Animals Act 1994
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 41A(1) Power to declare a dog to be a menacing dog 3 Delegates Council may delegate this power to a Council authorised officer
CSM - Power to review a decision as part of the appeal process.
Food Act 1984
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 19(2)(a) Power to direct by written order that the food premises be put into a clean and sanitary condition
3 Delegates If s 19(1) applies
s 19(2)(b) Power to direct by written order that specified steps be taken to ensure that food prepared, sold or handled is safe and suitable
3 Delegates If s 19(1) applies
s 19(3) Power to direct by written order that the food premises not be kept or used for the sale, or handling for sale, of any food, or for the preparation of any food, or for any other specified purpose, or for the use of any specified equipment or a specified process 4 Delegates If s 19(1) applies

Only in relation to temporary food premises or mobile food premises
s 19(4)(a) Power to direct that an order made under s 19(3)(a) or (b), (i) be affixed to a conspicuous part of the premises, and (ii) inform the public by notice in a published newspaper or otherwise

4 Delegates If s 19(1) applies
s 19(6)(a) Duty to revoke any order under section 19 if satisfied that an order has been complied with
3 Delegates If s 19(1) applies
s 19(6)(b) Duty to give written notice of revocation under section 19(6)(a) if satisfied that an order has been complied with
3 Delegates If s 19(1) applies
s 19AA(2) Power to direct, by written order, that a person must take any of the actions described in (a)-(c).
4 Delegates Where Council is the registration authority
s 19AA(4)(c) Power to direct, in an order made under s 19AA(2) or a subsequent written order, that a person must ensure that any food or class of food is not removed from the premises
4 Delegates Note: the power to direct the matters under s 19AA(4)(a) and (b) not capable of delegation and so such directions must be made by a Council resolution
s 19AA(7) Duty to revoke order issued under s 19AA and give written notice of revocation, if satisfied that that order has been complied with

4 Delegates Where Council is the registration authority
s 19CB(4)(b) Power to request copy of records
3 Delegates Where Council is the registration authority
s 19E(1)(d) Power to request a copy of the food safety program 3 Delegates Where Council is the registration authority
s 19EA(3) Function of receiving copy of revised food safety program 3 Delegates Where Council is the registration authority
s 19GB Power to request proprietor to provide written details of the name, qualification or experience of the current food safety supervisor 3 Delegates Where Council is the registration authority
s19IA(1) Power to form opinion that the food safety requirements or program are non-compliant. 3 Delegates Where Council is the registration authority
s 19IA(2) Duty to give written notice to the proprietor of the premises 3 Delegates Where Council is the registration authority
Note: Not required if Council has taken other appropriate action in relation to deficiencies (see s 19IA(3))
s 19M(4)(a) & (5) Power to conduct a food safety audit and take actions where deficiencies are identified
3 Delegates Where Council is the registration authority
s 19N(2) Function of receiving notice from the auditor 5 Delegates Where Council is the registration authority
s 19NA(1) Power to request food safety audit reports
3 Delegates Where Council is the registration authority
s 19U(3) Power to waive and vary the costs of a food safety audit if there are special circumstances
4 Delegates
s 19UA Power to charge fees for conducting a food safety assessment or inspection
4 Delegates Except for an assessment required by a declaration under s 19C or an inspection under ss 38B(1)(c) or 39.
s 19W Power to direct a proprietor of a food premises to comply with any requirement under Part IIIB
3 Delegates Where Council is the registration authority
s 19W(3)(a) Power to direct a proprietor of a food premises to have staff at the premises undertake training or instruction
3 Delegates Where Council is the registration authority
s 19W(3)(b) Power to direct a proprietor of a food premises to have details of any staff training incorporated into the minimum records required to be kept or food safety program of the premises
3 Delegates Where Council is the registration authority
Power to register or renew the registration of a food premises 5 Delegates Where Council is the registration authority

Refusal to grant or renew the registration of a food premises must be ratified by Council or the CEO (see s 58A(2))
s 36A Power to accept an application for registration or notification using online portal 3 Delegates Where Council is the registration authority
s 36B Duty to pay the charge for use of online portal 3 Delegates Where Council is the registration authority
s 38AA(5) Power to (a) request further information; or (b) advise the proprietor that the premises must be registered if the premises are not exempt
3 Delegates Where Council is the registration authority
s 38AB(4) Power to fix a fee for the receipt of a notification under s 38AA in accordance with a declaration under s 38AB(1)
5 Delegates Where Council is the registration authority
s 38A(4) Power to request a copy of a completed food safety program template
3 Delegates Where Council is the registration authority
s 38B(1)(a) Duty to assess the application and determine which class of food premises under s 19C the food premises belongs
3 Delegates Where Council is the registration authority
s 38B(1)(b) Duty to ensure proprietor has complied with requirements of s 38A
3 Delegates Where Council is the registration authority
s 38B(2) Duty to be satisfied of the matters in s 38B(2)(a)-(b)
3 Delegates Where Council is the registration authority
s 38D(1) Duty to ensure compliance with the applicable provisions of s 38C and inspect the premises if required by s 39
3 Delegates Where Council is the registration authority
s 38D(2) Duty to be satisfied of the matters in s 38D(2)(a)-(d)
3 Delegates Where Council is the registration authority
s 38D(3) Power to request copies of any audit reports

3 Delegates Where Council is the registration authority
s 38E(2) Power to register the food premises on a conditional basis

3 Delegates Where Council is the registration authority

not exceeding the prescribed time limit defined under s 38E(5)
s 38E(4) Duty to register the food premises when conditions are satisfied 3 Delegates Where Council is the registration authority
s 38F(3)(b) Power to require proprietor to comply with requirements of this Act
3 Delegates Where Council is the registration authority
s 38G(1) Power to require notification of change of the food safety program type used for the food premises 3 Delegates Where Council is the registration authority
s 38G(2) Function of receiving notice from proprietor if there is a change of the food safety program type used for the food premises 5 Delegates Where Council is the registration authority
s 38G(4) Power to require the proprietor of the food premises to comply with any requirement of the Act 3 Delegates Where Council is the registration authority
s 39(2) Duty to carry out an inspection of the premises during the period of registration before the registration of the food premises is renewed 4 Delegates
s 39A Power to register, or renew the registration of a food premises despite minor defects

3 Delegates Where Council is the registration authority

Only if satisfied of matters in s 39A(2)(a)-(c)
s 39A (6) Duty to comply with a direction of the Secretary 3 Delegates
s 40(1) Duty to give the person in whose name the premises is to be registered a certificate of registration 1 Delegates Where Council is the registration authority
s 40(2) Power to incorporate the certificate of registration in one document with any certificate of registration under Part 6 of the Public Health and Wellbeing Act 2008
5 Delegates
s 40C(2) Power to grant or renew the registration of food premises for a period of less than 1 year
5 Delegates Where Council is the registration authority
s 40D(1) Power to suspend or revoke the registration of food premises
3 Delegates Where Council is the registration authority
s 40E Duty to comply with direction of the Secretary 1 Delegates
s 40F Power to cancel registration of food premises 4 Delegates Where Council is the registration authority
s 43 Duty to maintain records of registration 1 Delegates Where Council is the registration authority
s 43F(6) Duty to be satisfied that registration requirements under Division 3 have been met prior to registering or renewing registration of a component of a food business
3 Delegates Where Council is the registration authority
s 43F(7) Power to register the components of the food business that meet requirements in Division 3 and power to refuse to register the components that do not meet the requirements
3 Delegates Where Council is the registration authority
s 45AC Power to bring proceedings 4 Delegates
s 46(5) Power to institute proceedings against another person where the offence was due to an act or default by that other person and where the first person charged could successfully defend a prosecution, without proceedings first being instituted against the person first charged 5 Delegates Where Council is the registration authority
Heritage Act 2017
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 116 Power to sub-delegate Executive Director's functions, duties or powers 3 Delegates Must first obtain Executive Director's written consent

Council can only sub-delegate if the Instrument of Delegation from the Executive Director authorises sub-delegation
Local Government Act 1989
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 185L(4) Power to declare and levy a cladding rectification charge 5 Delegates
Planning and Environment Act 1987
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 4B Power to prepare an amendment to the Victorian Planning Provisions
1 Delegates If authorised by the Minister
s 4G Function of receiving prescribed documents and a copy of the Victorian Planning Provisions from the Minister
3 Delegates
s 4H Duty to make amendment to Victoria Planning Provisions available in accordance with public availability requirements
3 Delegates
s 4I(2) Duty to make and copy of the Victorian Planning Provisions and other documents available in accordance with public availability requirements
3 Delegates
s 8A(2) Power to prepare amendment to the planning scheme where the Minister has given consent under s 8A
3 Delegates
s 8A(3) Power to apply to Minister to prepare an amendment to the planning scheme
3 Delegates
s 8A(5) Function of receiving notice of the Minister's decision
3 Delegates
s 8A(7) Power to prepare the amendment specified in the application without the Minister's authorisation if no response received after 10 business days
3 Delegates
s 8B(2) Power to apply to the Minister for authorisation to prepare an amendment to the planning scheme of an adjoining municipal district

1 Delegates
s 12(3) Power to carry out studies and do things to ensure proper use of land and consult with other persons to ensure co-ordination of planning scheme with these persons 1 Delegates
s 12B(1) Duty to review planning scheme
3 Delegates
s 12B(2) Duty to review planning scheme at direction of Minister
3 Delegates
s.12B(5) duty to report findings of review of planning scheme to Minister without delay
3 Delegates
s 14 Duties of a Responsible Authority as set out in s 14(a) to (d)
3 Delegates
s 17(1) Duty of giving copy amendment to the planning scheme
6 Delegates
s 17(2) Duty of giving copy s 173 agreement
6 Delegates
s 17(3) Duty of giving copy amendment, explanatory report and relevant documents to the Minister within 10 business days
6 Delegates
s 18 Duty to make amendment etc. available in accordance with public availability requirements

6 Delegates Until the proposed amendment is approved or lapsed
s 19 Power to give notice, to decide not to give notice, to publish notice of amendment to a planning scheme and to exercise any other power under s 19 to a planning scheme
3 Delegates
s 19 Function of receiving notice of preparation of an amendment to a planning scheme
3 Delegates Where Council is not the planning authority and the amendment affects land within Council's municipal district; or

Where the amendment will amend the planning scheme to designate Council as an acquiring authority.
s 20(1) Power to apply to Minister for exemption from the requirements of s 19
3 Delegates Where Council is a planning authority
s 21(2) Duty to make submissions available in accordance with public availability requirements

6 Delegates Until the end of 2 months after the amendment comes into operation or lapses
s 21A(4) Duty to publish notice
6 Delegates
s 22(1) Duty to consider all submissions received before the date specified in the notice
6 Delegates Except submissions which request a change to the items in s 22(5)(a) and (b)
s 22(2) Power to consider a late submission
Duty to consider a late submission, if directed by the Minister
5 Delegates
s 23(1)(b) Duty to refer submissions which request a change to the amendment to a panel
3 Delegates
s 23(2) Power to refer to a panel submissions which do not require a change to the amendment
2 Delegates
s 24 Function to represent Council and present a submission at a panel hearing (including a hearing referred to in s 96D)
10 Delegates
s 26(1) Power to make report available for inspection in accordance with the requirements set out in s 197B of the Act

10 Delegates
s 26(2) Duty to keep report of panel available in accordance with public availability requirements
10 Delegates During the inspection period
s 27(2) Power to apply for exemption if panel's report not received
2 Delegates
s 28(1) Duty to notify the Minister if abandoning an amendment 10 Delegates Note: the power to make a decision to abandon an amendment cannot be delegated
s 28(2) Duty to publish notice of the decision on Internet site 2 Delegates
s 28(4) Duty to make notice of the decision available on Council's Internet site for a period of at least 2 months 2 Delegates
s 30(4)(a) Duty to say if amendment has lapsed
3 Delegates
s 30(4)(b) Duty to provide information in writing upon request
3 Delegates
s 32(2) Duty to give more notice if required
3 Delegates
s 33(1) Duty to give more notice of changes to an amendment
3 Delegates
s 36(2) Duty to give notice of approval of amendment
3 Delegates
s 38(5) Duty to give notice of revocation of an amendment
3 Delegates
s 39 Function of being a party to a proceeding commenced under s 39 and duty to comply with determination by VCAT
3 Delegates
s 40(1) Function of lodging copy of approved amendment
3 Delegates
s 41(1) Duty to make a copy of an approved amendment available in accordance with the public availability requirements during inspection period
3 Delegates
s 41(2) Duty to make a copy of an approved amendment and any documents lodged with it available in person in accordance with the requirements set out in s 197B of the Act after the inspection period ends 2 Delegates
s 42(2) Duty to make copy of planning scheme available in accordance with the public availability requirements
3 Delegates
s 46AW Function of being consulted by the Minister 6 Delegates Where Council is a responsible public entity
s 46AX Function of receiving a draft Statement of Planning Policy and written direction in relation to the endorsement of the draft Statement of Planning Policy

Power to endorse the draft Statement of Planning Policy
6 Delegates Where Council is a responsible public entity
s 46AZC(2) Duty not to prepare an amendment to a declared area planning scheme that is inconsistent with a Statement of Planning Policy for the declared area that is expressed to be binding on the responsible public entity 3 Delegates Where Council is a responsible public entity
s 46AZK Duty not to act inconsistently with any provision of the Statement of Planning Policy that is expressed to be binding on the public entity when performing a function or duty or exercising a power in relation to the declared area 13 Delegates Where Council is a responsible public entity
s 46GI(2)(b)(i) Power to agree to a lower rate of standard levy for a class of development of a particular type of land than the rate specified in a Minister's direction 3 Delegates Where Council is the planning authority, the municipal Council of the municipal district in which the land is located and/or the development agency

s 46GJ(1) Function of receiving written directions from the Minister in relation to the preparation and content of infrastructure contributions plans 3 Delegates
s 46GK Duty to comply with a Minister's direction that applies to Council as the planning authority 3 Delegates
s 46GN(1) Duty to arrange for estimates of values of inner public purpose land 3 Delegates
s 46GO(1) Duty to give notice to owners of certain inner public purpose land 3 Delegates
s 46GP Function of receiving a notice under s 46GO 3 Delegates Where Council is the collecting agency
s 46GQ Function of receiving a submission from an affected owner who objects to the estimated value per hectare (or other appropriate unit of measurement) of the inner public purpose land 3 Delegates
s 46GR(1) Duty to consider every submission that is made by the closing date for submissions included in the notice under s 46GO 3 Delegates
s 46GR(2) Power to consider a late submission

Duty to consider a late submission if directed to do so by the Minister
3 Delegates
s 46GS(1) Power to accept or reject the estimate of the value of the inner public purpose land in a submission made under s 46GQ 3 Delegates
s 46GS(2) Duty, if Council rejects the estimate of the value of the inner public purpose land in the submission, to refer the matter to the valuer-general, and notify the affected owner of the rejection and that the matter has been referred to the valuer-general 3 Delegates
s 46GT(2) Duty to pay half of the fee fixed by the valuer-general for arranging and attending the conference 3 Delegates
s 46GT(4) Function of receiving, from the valuer-general, written confirmation of the agreement between the planning authority's valuer and the affected owner's valuer as to the estimated value of the inner public purpose land 3 Delegates
s 46GT(6) Function of receiving, from the valuer-general, written notice of a determination under s 46GT(5) 3 Delegates
s 46GU Duty not to adopt an amendment under s.29 to an infrastructure contributions plan that specifies a land credit amount or a land equalisation amount that relates to a parcel of land in the ICP plan area of the plan unless the criteria in s 46GU(1)(a) and (b) are met 3 Delegates
s 46GV(3) Function of receiving the monetary component and any land equalisation amount of the infrastructure contribution

Power to specify the manner in which the payment is to be made
3 Delegates Where Council is the collecting agency
s 46GV(3)(b) Power to enter into an agreement with the applicant 1 Delegates Where Council is the collecting agency
s 46GV(4)(a) Function of receiving the inner public purpose land in accordance with s 46GV(5) and (6) 1 Delegates Where Council is the development agency
s 46GV(4)(b) Function of receiving the inner public purpose land in accordance with s 46GV(5) and (6) 1 Delegates Where Council is the collecting agency
s 46GV(7) Duty to impose the requirements set out in s 46GV(3) and (4) as conditions on the permit applied for by the applicant to develop the land in the ICP plan area 3 Delegates
s 46GV(9) Power to require the payment of a monetary component or the provision of the land component of an infrastructure contribution to be secured to Council's satisfaction 3 Delegates Where Council is the collecting agency
s 46GX(1) Power to accept works, services or facilities in part or full satisfaction of the monetary component of an infrastructure contribution payable 3 Delegates Where Council is the collecting agency

s 46GX(2) Duty, before accepting the provision of works, services or facilities by an applicant under s 46GX(1), to obtain the agreement of the development agency or agencies specified in the approved infrastructure contributions plan 3 Delegates Where Council is the collecting agency
s 46GY(1) Duty to keep proper and separate accounts and records 3 Delegates Where Council is the collecting agency
s 46GY(2) Duty to keep the accounts and records in accordance with the Local Government Act 2020 3 Delegates Where Council is the collecting agency
s 46GZ(2)(a) Duty to forward any part of the monetary component that is imposed for plan preparation costs to the planning authority that incurred those costs 1 Delegates Where Council is the collecting agency under an approved infrastructure contributions plan

This duty does not apply where Council is that planning authority
s 46GZ(2)(a) Function of receiving the monetary component 1 Delegates Where the Council is the planning authority

This duty does not apply where Council is also the collecting agency
s 46GZ(2)(b) Duty to forward any part of the monetary component that is imposed for the provision of works, services or facilities to the development agency that is specified in the plan,as responsible for those works, services or facilities 3 Delegates Where Council is the collecting agency under an approved infrastructure contributions plan

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


s 46GZ(2)(b) Function of receiving the monetary component 1 Delegates Where Council is the development agency under an approved infrastructure contributions plan

This provision does not apply where Council is also the collecting agency
s 46GZ(4) Duty to use any land equalisation amounts to pay land credit amounts under s 46GZ(7), except any part of those amounts that are to be forwarded to a development agency under s 46GZ(5) 1 Delegates Where Council is the collecting agency under an approved infrastructure contributions plan
s 46GZ(5) Duty to forward any part of a land equalisation amount required for the acquisition of outer public purpose land by a development agency specified in the approved infrastructure contributions plan to that development agency 5 Delegates Where Council is the collecting agency under an approved infrastructure contributions plan

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


s 46GZ(5) Function of receiving any part of a land equalisation amount required for the acquisition of outer public purpose land 1 Delegates Where Council is the development agency specified in the approved infrastructure contributions plan

This provision does not apply where Council is also the collecting agency
s 46GZ(7) Duty to pay to each person who must provide an infrastructure contribution under the approved infrastructure contributions plan any land credit amount to which the person is entitled under s 46GW 1 Delegates Where Council is the collecting agency under an approved infrastructure contributions plan
s 46GZ(9) Duty to transfer the estate in fee simple in the land to the development agency specified in the approved infrastructure contributions plan as responsible for the use and development of that land 5 Delegates If any inner public purpose land is vested in Council under the Subdivision Act 1988 or acquired by Council before the time it is required to be provided to Council under s 46GV(4)

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

This duty does not apply where Council is also the development agency
s 46GZ(9) Function of receiving the fee simple in the land 1 Delegates Where Council is the development agency under an approved infrastructure contributions plan

This duty does not apply where Council is also the collecting agency
s 46GZA(1) Duty to keep proper and separate accounts and records 3 Delegates Where Council is the development agency under an approved infrastructure contributions plan
s 46GZA(2) Duty to keep the accounts and records in accordance with the Local Government Act 2020 3 Delegates Where Council is a development agency under an approved infrastructure contributions plan
s 46GZB(3) Duty to follow the steps set out in s 46GZB(3)(a) – (c) 3 Delegates Where Council is a development agency under an approved infrastructure contributions plan
s 46GZB(4) Duty, in accordance with requirements of the VPA, to report on the use of the infrastructure contribution in the development agency's annual report and provide reports on the use of the infrastructure contribution to the VPA 3 Delegates If the VPA is the collecting agency under an approved infrastructure contributions plan

Where Council is a development agency under an approved infrastructure contributions plan
s 46GZD(2) Duty, within 6 months after the date on which the approved infrastructure contributions plan expires, to follow the steps set out in s 46GZD(2)(a) and (b) 3 Delegates Where Council is the development agency under an approved infrastructure contributions plan
s 46GZD(3) Duty to follow the steps set out in s 46GZD(3)(a) and (b) 3 Delegates Where Council is the collecting agency under an approved infrastructure contributions plan
s 46GZD(5) Duty to make payments under s 46GZD(3) in accordance with ss 46GZD(5)(a) and 46GZD(5)(b) 3 Delegates Where Council is the collecting agency under an approved infrastructure contributions plan
s 46GZE(2) Duty to forward the land equalisation amount back to the collecting agency within 6 months after the expiry date if any part of a land equalisation amount paid or forwarded to a development agency for acquiring outer public purpose land has not been expended by the development agency to acquire that land at the date on which the approved infrastructure contributions plan expires 4 Delegates Where Council is the development agency under an approved infrastructure contributions plan

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

s 46GZE(2) Function of receiving the unexpended land equalisation amount 1 Delegates Where Council is the collecting agency under an approved infrastructure contributions plan

This duty does not apply where Council is also the development agency
s 46GZE(3) Duty, within 12 months after the date on which the approved infrastructure contributions plan expires, to follow the steps set out in s 46GZE(3)(a) and (b) 3 Delegates Where Council is the collecting agency under an approved infrastructure contributions plan
s 46GZF(2) Duty, within 12 months after the date on which the approved infrastructure contributions plan expires, to use the public purpose land for a public purpose approved by the Minister or sell the public purpose land 1 Delegates Where Council is the development agency under an approved infrastructure contributions plan
s.46GZF(3) Duty, if land is sold under s.46GZF(2)(b), to follow the steps in s.46GZF(3)(a) and (b) 3 Delegates Where Council is the development agency under an approved infrastructure contributions plan
s 46GZF(3) Function of receiving proceeds of sale 1 Delegates Where Council is the collection agency under an approved infrastructure contributions plan

This provision does not apply where Council is also the development agency
s 46GZF(4) Duty to divide the proceeds of the public purpose land among the current owners of each parcel of land in the ICP plan area and pay each current owner a portion of the proceeds in accordance with s 46GZF(5) 1 Delegates Where Council is the collecting agency under an approved infrastructure contributions plan
s 46GZF(6) Duty to make the payments under s 46GZF(4) in accordance with s 46GZF(6)(a) and (b) 1 Delegates Where Council is the collecting agency under an approved infrastructure contributions plan
s 46GZH Power to recover the monetary component, or any land equalisation amount of the land component, payable under Part 3AB as a debt in any court of competent jurisdiction 1 Delegates Where Council is the collecting agency under an approved infrastructure contributions plan
s 46GZI Duty to prepare and give a report to the Minister at the times required by the Minister 4 Delegates Where Council is a collecting agency or development agency

s 46GZK Power to deal with public purpose land which has vested in, been acquired by, or transferred to, Council 1 Delegates Where Council is a collecting agency or development agency
s 46LB(3) Duty to publish, on Council's Internet site, the payable dwelling amount for a financial year on or before 1 July of each financial year for which the amount is adjusted under s 46LB (2) 1 Delegates
s 46N(1) Duty to include condition in permit regarding payment of development infrastructure levy
13 Delegates
s 46N(2)(c) Function of determining time and manner for receipt of development contributions levy 9 Delegates
s 46N(2)(d) Power to enter into an agreement with the applicant regarding payment of development infrastructure levy
3 Delegates
s 46O(1)(a) & (2)(a) Power to ensure that community infrastructure levy is paid, or agreement is in place, prior to issuing building permit
6 Delegates
s 46O(1)(d) & (2)(d) Power to enter into agreement with the applicant regarding payment of community infrastructure levy
3 Delegates
s 46P(1) Power to require payment of amount of levy under s 46N or s 46O to be satisfactorily secured
9 Delegates
s 46P(2) Power to accept provision of land, works, services or facilities in part or full payment of levy payable
9 Delegates
s 46Q(1) Duty to keep proper accounts of levies paid
2 Delegates
s 46Q(1A) Duty to forward to development agency part of levy imposed for carrying out works, services, or facilities on behalf of development agency or plan preparation costs incurred by a development agency
9 Delegates
s 46Q(2) Duty to apply levy only for a purpose relating to the provision of plan preparation costs or the works, services and facilities in respect of which the levy was paid etc
6 Delegates
s 46Q(3) Power to refund any amount of levy paid if it is satisfied the development is not to proceed

3 Delegates Only applies when levy is paid to Council as a 'development agency'
s 46Q(4)(c) Duty to pay amount to current owners of land in the area if an amount of levy has been paid to a municipal council as a development agency for plan preparation costs incurred by the Council or for the provision by the Council of works, services or facilities in an area under s 46Q(4)(a) 5 Delegates Must be done within six months of the end of the period required by the development contributions plan and with the consent of, and in the manner approved by, the Minister

s 46Q(4)(d) Duty to submit to the Minister an amendment to the approved development contributions plan
4 Delegates Must be done in accordance with Part 3
s46Q(4)(e) Duty to expend that amount on other works etc.
6 Delegates With the consent of, and in the manner approved by, the Minister
s 46QC Power to recover any amount of levy payable under Part 3B
5 Delegates
s 46QD Duty to prepare report and give a report to the Minister 3 Delegates Where Council is a collecting agency or development agency

s 47 Power to decide that an application for a planning permit does not comply with that Act
12 Delegates
s 49(1) Duty to keep a register of all applications for permits and determinations relating to permits
13 Delegates
s 49(2) Duty to make register available for inspection in accordance with the public availability requirements
13 Delegates
s 50(4) Duty to amend application
12 Delegates
s 50(5) Power to refuse to amend application

13 Delegates
s 50(6) Duty to make note of amendment to application in register 7 Delegates
s 50A(1) Power to make amendment to application
13 Delegates
s 50A(3) Power to require applicant to notify owner and make a declaration that notice has been given 13 Delegates
s 50A(4) Duty to note amendment to application in register
13 Delegates
s 51 Duty to make copy of application available for inspection in accordance with the public availability requirements
12 Delegates
s 52(1)(a) Duty to give notice of the application to owners/occupiers of adjoining allotments unless satisfied that the grant of permit would not cause material detriment to any person
13 Delegates
s 52(1)(b) Duty to give notice of the application to other municipal council where appropriate
13 Delegates
s 52(1)(c) Duty to give notice of the application to all persons required by the planning scheme
13 Delegates
s 52(1)(ca) Duty to give notice of the application to owners and occupiers of land benefited by a registered restrictive covenant if may result in breach of covenant
13 Delegates
s 52(1)(cb) Duty to give notice of the application to owners and occupiers of land benefited by a registered restrictive covenant if application is to remove or vary the covenant
13 Delegates
s 52(1)(d) Duty to give notice of the application to other persons who may be detrimentally effected
13 Delegates
s.52(1AA) Duty to give notice of an application to remove or vary a registered restrictive covenant

13 Delegates
s 52(3) Power to give any further notice of an application where appropriate
13 Delegates
s 53(1) Power to require the applicant to give notice under s 52(1) to persons specified by it 13 Delegates
s 53(1A) Power to require the applicant to give the notice under s 52(1AA)
13 Delegates
s 54(1) Power to require the applicant to provide more information
13 Delegates
s 54(1A) Duty to give notice in writing of information required under s 54(1)
13 Delegates
s 54(1B) Duty to specify the lapse date for an application
13 Delegates
s 54A(3) Power to decide to extend time or refuse to extend time to give required information
13 Delegates
s 54A(4) Duty to give written notice of decision to extend or refuse to extend time under s 54A(3)
13 Delegates
s 55(1) Duty to give copy application, together with the prescribed information, to every referral authority specified in the planning scheme
13 Delegates
s 57(2A) Power to reject objections considered made primarily for commercial advantage for the objector
1 Delegates
s 57(3) Function of receiving name and address of persons to whom notice of decision is to go
12 Delegates
s 57(5) Duty to make a copy of all objections available in accordance with the public availability requirements

12 Delegates
s 57A(4) Duty to amend application in accordance with applicant's request, subject to s 57A(5)
13 Delegates
s 57A(5) Power to refuse to amend application 13 Delegates
s 57A(6) Duty to note amendments to application in register
12 Delegates
s 57B(1) Duty to determine whether and to whom notice should be given
13 Delegates
s 57B(2) Duty to consider certain matters in determining whether notice should be given
13 Delegates
s 57C(1) Duty to give copy of amended application to referral authority
12 Delegates
s 58 Duty to consider every application for a permit
13 Delegates
s 58A Power to request advice from the Planning Application Committee
7 Delegates
s 60 Duty to consider certain matters
13 Delegates
s 60(1A) Duty to consider certain matters 13 Delegates
s 60(1B) Duty to consider number of objectors in considering whether use or development may have significant social effect 12 Delegates
s 61(1) Power to determine permit application, either to decide to grant a permit, to decide to grant a permit with conditions or to refuse a permit application
7 Delegates The permit must not be inconsistent with a cultural heritage management plan under the Aboriginal Heritage Act 2006
s 61(2) Duty to decide to refuse to grant a permit if a relevant determining referral authority objects to grant of permit

7 Delegates
s 61(2A) Power to decide to refuse to grant a permit if a relevant recommending referral authority objects to the grant of permit 6 Delegates
s 61(3)(a) Duty not to decide to grant a permit to use coastal Crown land without Minister's consent 7 Delegates
s 61(3)(b) Duty to refuse to grant the permit without the Minister's consent
7 Delegates
s 61(4) Duty to refuse to grant the permit if grant would authorise a breach of a registered restrictive covenant
7 Delegates
s 62(1) Duty to include certain conditions in deciding to grant a permit
7 Delegates
s 62(2) Power to include other conditions
7 Delegates
s 62(4) Duty to ensure conditions are consistent with paragraphs (a),(b) and (c)
7 Delegates
s 62(5)(a) Power to include a permit condition to implement an approved development contributions plan or an approved infrastructure contributions plan
7 Delegates
s 62(5)(b) Power to include a permit condition that specified works be provided on or to the land or paid for in accordance with s 173 agreement
7 Delegates
s 62(5)(c) Power to include a permit condition that specified works be provided or paid for by the applicant
7 Delegates
s 62(6)(a) Duty not to include a permit condition requiring a person to pay an amount for or provide works except in accordance with ss 46N(1), 46GV(7) or 62(5)
7 Delegates
s 62(6)(b) Duty not to include a permit condition requiring a person to pay an amount for or provide works except a condition that a planning scheme requires to be included as referred to in s 62(1)(a)
7 Delegates
s 63 Duty to issue the permit where made a decision in favour of the application (if no one has objected)
13 Delegates
s 64(1) Duty to give notice of decision to grant a permit to applicant and objectors
12 Delegates This provision applies also to a decision to grant an amendment to a permit - see s 75
s 64(3) Duty not to issue a permit until after the specified period
13 Delegates This provision applies also to a decision to grant an amendment to a permit - see s 75
s 64(5) Duty to give each objector a copy of an exempt decision
12 Delegates This provision applies also to a decision to grant an amendment to a permit - see s 75
s 64A Duty not to issue permit until the end of a period when an application for review may be lodged with VCAT or until VCAT has determined the application, if a relevant recommending referral authority has objected to the grant of a permit

12 Delegates This provision applies also to a decision to grant an amendment to a permit - see s 75A
s 65(1) Duty to give notice of refusal to grant permit to applicant and person who objected under s 57
12 Delegates
s 66(1) Duty to give notice under s 64 or s 65 and copy permit to relevant determining referral authorities
12 Delegates
s 66(2) Duty to give a recommending referral authority notice of its decision to grant a permit

12 Delegates If the recommending referral authority objected to the grant of the permit or the responsible authority decided not to include a condition on the permit recommended by the recommending referral authority
s 66(4) Duty to give a recommending referral authority notice of its decision to refuse a permit
12 Delegates If the recommending referral authority objected to the grant of the permit or the recommending referral authority recommended that a permit condition be included on the permit
s 66(6) Duty to give a recommending referral authority a copy of any permit which Council decides to grant and a copy of any notice given under s 64 or 65
12 Delegates If the recommending referral authority did not object to the grant of the permit or the recommending referral authority did not recommend a condition be included on the permit
s 69(1) Function of receiving application for extension of time of permit
12 Delegates
s 69(1A) Function of receiving application for extension of time to complete development
12 Delegates
s 69(2) Power to extend time
12 Delegates
s 70 Duty to make copy permit available for inspection in accordance with the public availability requirements
12 Delegates
s 71(1) Power to correct certain mistakes
7 Delegates
s 71(2) Duty to note corrections in register

12 Delegates
s 73 Power to decide to grant amendment subject to conditions
7 Delegates
s 74 Duty to issue amended permit to applicant if no objectors
12 Delegates
s 76 Duty to give applicant and objectors notice of decision to refuse to grant amendment to permit 12 Delegates
s 76A(1) Duty to give relevant determining referral authorities copy of amended permit and copy of notice
12 Delegates
s 76A(2) Duty to give a recommending referral authority notice of its decision to grant an amendment to a permit
12 Delegates If the recommending referral authority objected to the amendment of the permit or the responsible authority decided not to include a condition on the amended permit recommended by the recommending referral authority
s 76A(4) Duty to give a recommending referral authority notice of its decision to refuse a permit
12 Delegates If the recommending referral authority objected to the amendment of the permit or the recommending referral authority recommended that a permit condition be included on the amended permit
s 76A(6) Duty to give a recommending referral authority a copy of any amended permit which Council decides to grant and a copy of any notice given under s 64 or 76
12 Delegates If the recommending referral authority did not object to the amendment of the permit or the recommending referral authority did not recommend a condition be included on the amended permit
s 76D Duty to comply with direction of Minister to issue amended permit
12 Delegates
s 83 Function of being respondent to an appeal

12 Delegates
s 83B Duty to give or publish notice of application for review
12 Delegates
s 84(1) Power to decide on an application at any time after an appeal is lodged against failure to grant a permit
7 Delegates
s 84(2) Duty not to issue a permit or notice of decision or refusal after an application is made for review of a failure to grant a permit 7 Delegates
s 84(3) Duty to tell principal registrar if decide to grant a permit after an application is made for review of its failure to grant a permit
7 Delegates
s 84(6) Duty to issue permit on receipt of advice within 3 business days
12 Delegates
s 84AB Power to agree to confining a review by the Tribunal 1 Delegates
s 86 Duty to issue a permit at order of Tribunal within 3 business days
12 Delegates
s 87(3) Power to apply to VCAT for the cancellation or amendment of a permit
5 Delegates
s 90(1) Function of being heard at hearing of request for cancellation or amendment of a permit
7 Delegates
s 91(2) Duty to comply with the directions of VCAT
12 Delegates
s 91(2A) Duty to issue amended permit to owner if Tribunal so directs
12 Delegates
s 92 Duty to give notice of cancellation/amendment of permit by VCAT to persons entitled to be heard under s 90
15 Delegates
s 93(2) Duty to give notice of VCAT order to stop development
15 Delegates
s 95(3) Function of referring certain applications to the Minister

7 Delegates
s 95(4) Duty to comply with an order or direction
14 Delegates
s 96(1) Duty to obtain a permit from the Minister to use and develop its land 7 Delegates
s 96(2) Function of giving consent to other persons to apply to the Minister for a permit to use and develop Council land
7 Delegates
s 96A(2) Power to agree to consider an application for permit concurrently with preparation of proposed amendment
1 Delegates
s 96C Power to give notice, to decide not to give notice, to publish notice and to exercise any other power under s 96C
1 Delegates
s 96F Duty to consider the panel's report under s 96E
1 Delegates
s 96G(1) Power to determine to recommend that a permit be granted or to refuse to recommend that a permit be granted and power to notify applicant of the determination (including power to give notice under s 23 of the Planning and Environment (Planning Schemes) Act 1996
1 Delegates
s 96H(3) Power to give notice in compliance with Minister's direction
11 Delegates
s 96J Duty to issue permit as directed by the Minister
14 Delegates
s 96K Duty to comply with direction of the Minister to give notice of refusal

13 Delegates
s 96Z Duty to keep levy certificates given to it under ss 47 or 96A for no less than 5 years from receipt of the certificate 13 Delegates
s 97C Power to request Minister to decide the application 1 Delegates
s 97D(1) Duty to comply with directions of Minister to supply any document or assistance relating to application 13 Delegates
s 97G(3) Function of receiving from Minister copy of notice of refusal to grant permit or copy of any permit granted by the Minister 13 Delegates
s 97G(6) Duty to make a copy of permits issued under s 97F available in accordance with the public availability requirements 14 Delegates
s 97L Duty to include Ministerial decisions in a register kept under s 49 14 Delegates
s 97MH Duty to provide information or assistance to the Planning Application Committee 12 Delegates
s 97MI Duty to contribute to the costs of the Planning Application Committee or subcommittee 1 Delegates
s 97O Duty to consider application and issue or refuse to issue certificate of compliance 11 Delegates
s 97P(3) Duty to comply with directions of VCAT following an application for review of a failure or refusal to issue a certificate 11 Delegates
s 97Q(2) Function of being heard by VCAT at hearing of request for amendment or cancellation of certificate 11 Delegates
s 97Q(4) Duty to comply with directions of VCAT 11 Delegates
s 97R Duty to keep register of all applications for certificate of compliance and related decisions 12 Delegates
s 98(1)&(2) Function of receiving claim for compensation in certain circumstances 4 Delegates
s 98(4) Duty to inform any person of the name of the person from whom compensation can be claimed 4 Delegates
s 101 Function of receiving claim for expenses in conjunction with claim 4 Delegates
s 103 Power to reject a claim for compensation in certain circumstances 4 Delegates
s.107(1) function of receiving claim for compensation 4 Delegates
s 107(3) Power to agree to extend time for making claim 4 Delegates
s 113(2) Power to request a declaration for land to be proposed to be reserved for public purposes 2 Delegates
s 114(1) Power to apply to the VCAT for an enforcement order 7 Delegates
s 117(1)(a) Function of making a submission to the VCAT where objections are received 7 Delegates
s 120(1) Power to apply for an interim enforcement order where s 114 application has been made 7 Delegates
s 123(1) Power to carry out work required by enforcement order and recover costs 7 Delegates
s 123(2) Power to sell buildings, materials, etc salvaged in carrying out work under s 123(1) 4 Delegates Except Crown Land
s 129 Function of recovering penalties 7 Delegates
s 130(5) Power to allow person served with an infringement notice further time 7 Delegates
s 149A(1) Power to refer a matter to the VCAT for determination 1 Delegates
s 149A(1A) Power to apply to VCAT for the determination of a matter relating to the interpretation of a s.173 agreement 4 Delegates
s 156 Duty to pay fees and allowances (including a payment to the Crown under s 156(2A)), and payment or reimbursement for reasonable costs and expenses incurred by the panel in carrying out its functions unless the Minister directs otherwise under s 156(2B)power to ask for contribution under s 156(3) and power to abandon amendment or part of it under s 156(4) 5 Delegates Where Council is the relevant planning authority
s 171(2)(f) Power to carry out studies and commission reports 5 Delegates
s 171(2)(g) Power to grant and reserve easements 4 Delegates
s 172C Power to compulsorily acquire any outer public purpose land that is specified in the approved infrastructure contributions plan 1 Delegates Where Council is a development agency specified in an approved infrastructure contributions plan
s 172D(1) Power to compulsorily acquire any inner public purpose land that is specified in the plan before the time that the land is required to be provided to Council under s 46GV(4) 1 Delegates Where Council is a collecting agency specified in an approved infrastructure contributions plan
s 172D(2) Power to compulsorily acquire any inner public purpose land, the use and development of which is to be the responsibility of Council under the plan, before the time that the land is required to be provided under s 46GV(4) 1 Delegates Where Council is the development agency specified in an approved infrastructure contributions plan
s 173(1) Power to enter into agreement covering matters set out in s 174 2 Delegates
s 173(1A) Power to enter into an agreement with an owner of land for the development or provision of land in relation to affordable housing 2 Delegates Where Council is the relevant responsible authority


Power to decide whether something is to the satisfaction of Council, where an agreement made under s 173 of the Planning and Environment Act 1987 requires something to be to the satisfaction of Council or Responsible Authority 7 Delegates
Power to give consent on behalf of Council, where an agreement made under s 173 of the Planning and Environment Act 1987 requires that something may not be done without the consent of Council or Responsible Authority 7 Delegates
s 177(2) Power to end a s 173 agreement with the agreement of all those bound by any covenant in the agreement or otherwise in accordance with Division 2 of Part 9 4 Delegates
s 178 power to amend a s 173 agreement with the agreement of all those bound by any covenant in the agreement or otherwise in accordance with Division 2 of Part 9 4 Delegates
s 178A(1) Function of receiving application to amend or end an agreement 4 Delegates
s 178A(3) Function of notifying the owner as to whether it agrees in principle to the proposal under s 178A(1)
4 Delegates
s 178A(4) Function of notifying the applicant and the owner as to whether it agrees in principle to the proposal
4 Delegates
s 178A(5) Power to propose to amend or end an agreement
4 Delegates
s 178B(1) Duty to consider certain matters when considering proposal to amend an agreement
4 Delegates
s 178B(2) Duty to consider certain matters when considering proposal to end an agreement
4 Delegates
s 178C(2) Duty to give notice of the proposal to all parties to the agreement and other persons who may be detrimentally affected by decision to amend or end
4 Delegates
s 178C(4) Function of determining how to give notice under s 178C(2)
4 Delegates
s 178E(1) Duty not to make decision until after 14 days after notice has been given
4 Delegates
s.178E(2)(a) Power to amend or end the agreement in accordance with the proposal

4 Delegates If no objections are made under s 178D

Must consider matters in s 178B
s 178E(2)(b) Power to amend or end the agreement in a manner that is not substantively different from the proposal
4 Delegates If no objections are made under s 178D

Must consider matters in s 178B
s 178E(2)(c) Power to refuse to amend or end the agreement
4 Delegates If no objections are made under s 178D

Must consider matters in s 178B
s 178E(3)(a) Power to amend or end the agreement in accordance with the proposal
4 Delegates After considering objections, submissions and matters in s 178B
s 178E(3)(b) Power to amend or end the agreement in a manner that is not substantively different from the proposal
4 Delegates After considering objections, submissions and matters in s 178B
s.178E(3)(c) power to amend or end the agreement in a manner that is substantively different from the proposal
4 Delegates After considering objections, submissions and matters in s.178B
s 178E(3)(d) Power to refuse to amend or end the agreement
4 Delegates After considering objections, submissions and matters in s 178B
s 178F(1) Duty to give notice of its decision under s 178E(3)(a) or (b)
4 Delegates
s 178F(2) Duty to give notice of its decision under s 178E(2)(c) or (3)(d)

4 Delegates
s 178F(4) Duty not to proceed to amend or end an agreement under s 178E until at least 21 days after notice has been given or until an application for review to the Tribunal has been determined or withdrawn
4 Delegates
s 178G Duty to sign amended agreement and give copy to each other party to the agreement 4 Delegates
s 178H Power to require a person who applies to amend or end an agreement to pay the costs of giving notices and preparing the amended agreement
4 Delegates
s 178I(3) Duty to notify, in writing, each party to the agreement of the ending of the agreement relating to Crown land
4 Delegates
s 179(2) Duty to make copy of each agreement available in accordance with the public availability requirements
5 Delegates
s 181 Duty to apply to the Registrar of Titles to record the agreement and to deliver a memorial to Registrar-General
4 Delegates
s 181(1A)(a) Power to apply to the Registrar of Titles to record the agreement
4 Delegates
s 181(1A)(b) Duty to apply to the Registrar of Titles, without delay, to record the agreement
4 Delegates
s 182 Power to enforce an agreement
7 Delegates
s 183 Duty to tell Registrar of Titles of ending/amendment of agreement

4 Delegates
s 184F(1) Power to decide to amend or end an agreement at any time after an application for review of the failure of Council to make a decision
4 Delegates
s 184F(2) Duty not to amend or end the agreement or give notice of the decision after an application is made to VCAT for review of a failure to amend or end an agreement 4 Delegates
s 184F(3) Duty to inform the principal registrar if the responsible authority decides to amend or end an agreement after an application is made for the review of its failure to end or amend the agreement
4 Delegates
s 184F(5) Function of receiving advice from the principal registrar that the agreement may be amended or ended in accordance with Council's decision
4 Delegates
s 184G(2) Duty to comply with a direction of the Tribunal
4 Delegates
s 184G(3) Duty to give notice as directed by the Tribunal
4 Delegates
s 185B(1) Duty to comply with a request from the Minister to provide the name, address, email address or telephone number of any person to whom the Minister is required to give notice 9 Delegates
s 198(1) Function to receive application for planning certificate
5 Delegates
s 199(1) Duty to give planning certificate to applicant
5 Delegates
s 201(1) Function of receiving application for declaration of underlying zoning
8 Delegates
s 201(3) Duty to make declaration
7 Delegates
Power to decide, in relation to any planning scheme or permit, that a specified thing has or has not been done to the satisfaction of Council
7 Delegates
Power, in relation to any planning scheme or permit, to consent or refuse to consent to any matter which requires the consent or approval of Council
7 Delegates
Power to approve any plan or any amendment to a plan or other document in accordance with a provision of a planning scheme or condition in a permit
7 Delegates
Power to give written authorisation in accordance with a provision of a planning scheme

7 Delegates
s 201UAB(1) Function of providing the Victoria Planning Authority with information relating to any land within municipal district
9 Delegates
s 201UAB(2) Duty to provide the Victoria Planning Authority with information requested under s 201UAB(1) as soon as possible 9 Delegates
Residential Tenancies Act 1997
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 518F Power to issue notice to caravan park regarding emergency management plan if determined that the plan does not comply with the requirements
9 Delegates
s 522(1) Power to give a compliance notice to a person

7 Delegates
s 525(2) Power to authorise an officer to exercise powers in s 526 (either generally or in a particular case)
1 Delegates
s 525(4) Duty to issue identity card to authorised officers 6 Delegates
s 526(5) Duty to keep record of entry by authorised officer under s 526

2 Delegates
s 526A(3) Function of receiving report of inspection
8 Delegates
s 527 Power to authorise a person to institute proceedings (either generally or in a particular case) 1 Delegates
Road Management Act 2004
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 11(1) Power to declare a road by publishing a notice in the Government Gazette
4 Delegates Obtain consent in circumstances specified in s 11(2)
s 11(8) Power to name a road or change the name of a road by publishing notice in Government Gazette
4 Delegates
s 11(9)(b) Duty to advise Registrar
6 Delegates
s 11(10) Duty to inform Secretary to Department of Environment, Land, Water and Planning of declaration etc.
6 Delegates Subject to s 11(10A)
s 11(10A) Duty to inform Secretary to Department of Environment, Land, Water and Planning or nominated person
6 Delegates Where Council is the coordinating road authority
s 12(2) Power to discontinue road or part of a road
1 Delegates Where Council is the coordinating road authority
s 12(4) Duty to publish, and provide copy, notice of proposed discontinuance

5 Delegates Power of coordinating road authority where it is the discontinuing body

Unless s 12(11) applies
s 12(5) Duty to consider written submissions received within 28 days of notice


5 Delegates Duty of coordinating road authority where it is the discontinuing body

Unless s 12(11) applies
s 12(6) Function of hearing a person in support of their written submission 1 Delegates Function of coordinating road authority where it is the discontinuing body

Unless s 12(11) applies
s 12(7) Duty to fix day, time and place of meeting under s 12(6) and to give notice
5 Delegates Duty of coordinating road authority where it is the discontinuing body

Unless s 12(11) applies
s 12(10) Duty to notify of decision made
2 Delegates Duty of coordinating road authority where it is the discontinuing body

Does not apply where an exemption is specified by the regulations or given by the Minister
s 13(1) Power to fix a boundary of a road by publishing notice in Government Gazette
7 Delegates Power of coordinating road authority and obtain consent under s 13(3) and s 13(4) as appropriate
s 14(4) Function of receiving notice from the Head, Transport for Victoria
5 Delegates
s 14(7) Power to appeal against decision of the Head, Transport for Victoria
5 Delegates
s 15(1) Power to enter into arrangement with another road authority, utility or a provider of public transport to transfer a road management function of the road authority to the other road authority, utility or provider of public transport
6 Delegates
s 15(1A) Power to enter into arrangement with a utility to transfer a road management function of the utility to the road authority
4 Delegates
s 15(2) Duty to include details of arrangement in public roads register

3 Delegates
s 16(7) Power to enter into an arrangement under s 15
3 Delegates
s 16(8) Duty to enter details of determination in public roads register
3 Delegates
s 17(2) Duty to register public road in public roads register 3 Delegates Where Council is the coordinating road authority
s 17(3) Power to decide that a road is reasonably required for general public use
3 Delegates Where Council is the coordinating road authority
s 17(3) Duty to register a road reasonably required for general public use in public roads register
3 Delegates Where Council is the coordinating road authority
s 17(4) Power to decide that a road is no longer reasonably required for general public use
6 Delegates Where Council is the coordinating road authority
s 17(4) Duty to remove road no longer reasonably required for general public use from public roads register
3 Delegates Where Council is the coordinating road authority
s 18(1) Power to designate ancillary area
4 Delegates Where Council is the coordinating road authority, and obtain consent in circumstances specified in s 18(2)
s 18(3) Duty to record designation in public roads register
3 Delegates Where Council is the coordinating road authority
s 19(1) Duty to keep register of public roads in respect of which it is the coordinating road authority
3 Delegates
s 19(4) Duty to specify details of discontinuance in public roads register

3 Delegates
s 19(5) Duty to ensure public roads register is available for public inspection
3 Delegates
s 21 Function of replying to request for information or advice
3 Delegates Obtain consent in circumstances specified in s 11(2)
s 22(2) Function of commenting on proposed direction 3 Delegates
s 22(4) Duty to publish a copy or summary of any direction made under s 22 by the Minister in its annual report.
3 Delegates
s 22(5) Duty to give effect to a direction under s 22
3 Delegates
s 40(1) Duty to inspect, maintain and repair a public road.
15 Delegates
s 40(5) Power to inspect, maintain and repair a road which is not a public road
9 Delegates
s 41(1) Power to determine the standard of construction, inspection, maintenance and repair
14 Delegates
s 42(1) Power to declare a public road as a controlled access road
3 Delegates Power of coordinating road authority and sch 2 also applies
s 42(2) Power to amend or revoke declaration by notice published in Government Gazette
3 Delegates Power of coordinating road authority and sch 2 also applies
s 42A(3) Duty to consult with Head, Transport for Victoria and Minister for Local Government before road is specified
3 Delegates Where Council is the coordinating road authority

If road is a municipal road or part thereof
s 42A(4) Power to approve Minister's decision to specify a road as a specified freight road
5 Delegates Where Council is the coordinating road authority

If road is a municipal road or part thereof and where road is to be specified a freight road
s 48EA Duty to notify the owner or occupier of land and provider of public transport on which rail infrastructure or rolling stock is located (and any relevant provider of public transport)

4 Delegates Where Council is the responsible road authority, infrastructure manager or works manager
s 48M(3) Function of consulting with the relevant authority for purposes of developing guidelines under s 48M 3 Delegates
s 49 Power to develop and publish a road management plan
3 Delegates
s 51 Power to determine standards by incorporating the standards in a road management plan
3 Delegates
s 53(2) Power to cause notice to be published in Government Gazette of amendment etc of document in road management plan
3 Delegates
s 54(2) Duty to give notice of proposal to make a road management plan
3 Delegates
s 54(5) Duty to conduct a review of road management plan at prescribed intervals
3 Delegates
s 54(6) Power to amend road management plan
3 Delegates
s 54(7) Duty to incorporate the amendments into the road management plan
3 Delegates
s 55(1) Duty to cause notice of road management plan to be published in Government Gazette and newspaper
3 Delegates
s 63(1) Power to consent to conduct of works on road
14 Delegates Where Council is the coordinating road authority
s 63(2)(e) Power to conduct or to authorise the conduct of works in, on, under or over a road in an emergency

14 Delegates Where Council is the infrastructure manager
s 64(1) Duty to comply with cl 13 of sch 7 6 Delegates Where Council is the infrastructure manager or works manager
s 66(1) Power to consent to structure etc 4 Delegates Where Council is the coordinating road authority
s 67(2) Function of receiving the name & address of the person responsible for distributing the sign or bill
3 Delegates Where Council is the coordinating road authority
s 67(3) Power to request information
5 Delegates Where Council is the coordinating road authority
s 68(2) Power to request information
7 Delegates Where Council is the coordinating road authority
s 71(3) Power to appoint an authorised officer
1 Delegates
s 72 Duty to issue an identity card to each authorised officer
9 Delegates
s 85 Function of receiving report from authorised officer
9 Delegates
s 86 Duty to keep register re s 85 matters
5 Delegates
s 87(1) Function of receiving complaints
9 Delegates
s 87(2) Duty to investigate complaint and provide report
9 Delegates
s 96 Power to authorise a person for the purpose of instituting legal proceedings 1 Delegates
Refer to s11 Instrument
s 112(2) Power to recover damages in court

7 Delegates
s 116 Power to cause or carry out inspection
12 Delegates
s 119(2) Function of consulting with the Head, Transport for Victoria
14 Delegates
s 120(1) Power to exercise road management functions on an arterial road (with the consent of the Head, Transport for Victoria) 14 Delegates
s 120(2) Duty to seek consent of the Head, Transport for Victoria to exercise road management functions before exercising power in s 120(1)
7 Delegates
s 121(1) Power to enter into an agreement in respect of works
5 Delegates
s 122(1) Power to charge and recover fees
5 Delegates
s 123(1) Power to charge for any service
5 Delegates
sch 2 cl 2(1) Power to make a decision in respect of controlled access roads
3 Delegates
sch 2 cl 3(1) Duty to make policy about controlled access roads
3 Delegates
sch 2 cl 3(2) Power to amend, revoke or substitute policy about controlled access roads
3 Delegates
sch 2 cl 4 Function of receiving details of proposal from the Head, Transport for Victoria
8 Delegates
sch 2 cl 5 Duty to publish notice of declaration

6 Delegates
sch 7 cl 7(1) Duty to give notice to relevant coordinating road authority of proposed installation of non-road infrastructure or related works on a road reserve 12 Delegates Where Council is the infrastructure manager or works manager
sch 7 cl 8(1) Duty to give notice to any other infrastructure manager or works manager responsible for any non-road infrastructure in the area, that could be affected by any proposed installation of infrastructure or related works on a road or road reserve of any road
13 Delegates Where Council is the infrastructure manager or works manager
sch 7 cla 9(1) Duty to comply with request for information from a coordinating road authority, an infrastructure manager or a works manager responsible for existing or proposed infrastructure in relation to the location of any non-road infrastructure and technical advice or assistance in conduct of works
13 Delegates Where Council is the infrastructure manager or works manager responsible for non-road infrastructure
sch 7 cl 9(2) Duty to give information to another infrastructure manager or works manager where becomes aware any infrastructure or works are not in the location shown on records, appear to be in an unsafe condition or appear to need maintenance
14 Delegates Where Council is the infrastructure manager or works manager
sch 7 cl 10(2) Where Sch 7 cl 10(1) applies, duty to, where possible, conduct appropriate consultation with persons likely to be significantly affected
15 Delegates Where Council is the infrastructure manager or works manager
sch 7 cl 12(2) Power to direct infrastructure manager or works manager to conduct reinstatement works
12 Delegates Where Council is the coordinating road authority
sch 7 cl 12(3) Power to take measures to ensure reinstatement works are completed
11 Delegates Where Council is the coordinating road authority
sch 7 cl 12(4) Duty to ensure that works are conducted by an appropriately qualified person
10 Delegates Where Council is the coordinating road authority
sch 7 cl 12(5) Power to recover costs
8 Delegates Where Council is the coordinating road authority
sch 7 cl 13(1) Duty to notify relevant coordinating road authority within 7 days that works have been completed, subject to sch 7 cl 13(2)
12 Delegates Where Council is the works manager
sch 7 cl 13(2) Power to vary notice period
10 Delegates Where Council is the coordinating road authority
sch 7 cl 13(3) Duty to ensure works manager has complied with obligation to give notice under sch 7 cl 13(1)
7 Delegates Where Council is the infrastructure manager
sch 7 cl 16(1) Power to consent to proposed works
6 Delegates Where Council is the coordinating road authority
sch 7 cl 16(4) Duty to consult
8 Delegates Where Council is the coordinating road authority, responsible authority or infrastructure manager
sch 7 cl 16(5) Power to consent to proposed works
6 Delegates Where Council is the coordinating road authority
sch 7 cl 16(6) Power to set reasonable conditions on consent
6 Delegates Where Council is the coordinating road authority
sch 7 cl 16(8) Power to include consents and conditions
6 Delegates Where Council is the coordinating road authority
sch 7 cl 17(2) Power to refuse to give consent and duty to give reasons for refusal
6 Delegates Where Council is the coordinating road authority
sch 7 cl18(1) Power to enter into an agreement

6 Delegates Where Council is the coordinating road authority
sch7 cl 19(1) Power to give notice requiring rectification of works 6 Delegates Where Council is the coordinating road authority
sch 7 cl 19(2) & (3) Power to conduct the rectification works or engage a person to conduct the rectification works and power to recover costs incurred
8 Delegates Where Council is the coordinating road authority
sch 7 cl 20(1) Power to require removal, relocation, replacement or upgrade of existing non-road infrastructure
10 Delegates Where Council is the coordinating road authority
sch 7A cl 2 Power to cause street lights to be installed on roads

14 Delegates Power of responsible road authority where it is the coordinating road authority or responsible road authority in respect of the road
sch 7 cl 3(1)(d) Duty to pay installation and operation costs of street lighting - where road is not an arterial road
8 Delegates Where Council is the responsible road authority
sch 7A cl 3(1)(e) Duty to pay installation and operation costs of street lighting - where road is a service road on an arterial road and adjacent areas

8 Delegates Where Council is the responsible road authority
sch 7A cl (3)(1)(f) Duty to pay installation and percentage of operation costs of street lighting - for arterial roads in accordance with cls 3(2) and 4 8 Delegates Duty of Council as responsible road authority that installed the light (re: installation costs) and where Council is relevant municipal council (re: operating costs)
Cemeteries and Crematoria Regulations 2015
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
r 24 Duty to ensure that cemetery complies with depth of burial requirements 9 Delegates
r 25 Duty to ensure that the cemetery complies with the requirements for interment in concrete-lined graves 8 Delegates
r 27 Power to inspect any coffin, container or other receptacle if satisfied of the matters in paragraphs (a) and (b) 8 Delegates
r 33(1) Duty to ensure that remains are interred in a coffin, container or receptacle in accordance with paragraphs (a)-(c) 8 Delegates
r 46 Power to approve certain activities under the
Regulations if satisfied of regulation (1)(a)-(c)
4 Delegates
r 48(2) Power to approve a person to drive, ride or use a vehicle on any surface other than a road, track or parking area 8 Delegates
Note: Schedule 2 contains Model Rules – only applicable if the cemetery trust has not made its own cemetery trust rules 1 Delegates
sch 2 cl 4 Power to approve the carrying out of an activity referred to in rules 8, 16, 17 and 18 of sch 2 4 Delegates See note above regarding model rules
sch 2 cl 5(1) Duty to display the hours during which pedestrian access is available to the cemetery 6 Delegates See note above regarding model rules
sch 2 cl 5(2) Duty to notify the Secretary of, (a) the hours during which pedestrian access is available to the cemetery; and (b) any changes to those hours 6 Delegates See note above regarding model rules
sch 2 cl 6(1) Power to give directions regarding the manner in which a funeral is to be conducted 9 Delegates See note above regarding model rules
sch 2 cl 7(1) Power to give directions regarding the dressing of places of interment and memorials 9 Delegates See note above regarding model rules
sch 2 cl 8 Power to approve certain mementos on a memorial 9 Delegates See note above regarding model rules
sch 2 cl 11(1) Power to remove objects from a memorial or place of interment 9 Delegates See note above regarding model rules
sch 2 cl 11(2) Duty to ensure objects removed under sub rule (1) are disposed of in an appropriate manner 9 Delegates See note above regarding model rules
sch 2 cl 12 Power to inspect any work being carried out on memorials, places of interment and buildings for ceremonies 9 Delegates See note above regarding model rules
sch 2 cl 14 Power to approve an animal to enter into or remain in a cemetery 8 Delegates See note above regarding model rules
sch 2 cl 16(1) Power to approve construction and building within a cemetery 3 Delegates See note above regarding model rules
sch 2 cl 17(1) Power to approve action to disturb or demolish property of the cemetery trust 3 Delegates See note above regarding model rules
sch 2 cl 18(1) Power to approve digging or planting within a cemetery 12 Delegates See note above regarding model rules
Planning and Environment Regulations 2015
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
r.6 function of receiving notice, under section 19(1)(c) of the Act, from a planning authority of its preparation of an amendment to a planning scheme
4 Delegates where Council is not the planning authority and the amendment affects land within Council's municipal district; or
where the amendment will amend the planning scheme to designate Council as an acquiring authority.
r.21 power of responsible authority to require a permit applicant to verify information (by statutory declaration or other written confirmation satisfactory to the responsible authority) in an application for a permit or to amend a permit or any information provided under section 54 of the Act 9 Delegates
r.25(a) duty to make copy of matter considered under section 60(1A)(g) available for inspection free of charge 14 Delegates where Council is the responsible authority
r.25(b) function of receiving a copy of any document considered under section 60(1A)(g) by the responsible authority and duty to make the document available for inspection free of charge 14 Delegates where Council is not the responsible authority but the relevant land is within Council's municipal district
r.42 function of receiving notice under section 96C(1)(c) of the Act from a planning authority of its preparation of a combined application for an amendment to a planning scheme and notice of a permit application 7 Delegates where Council is not the planning authority and the amendment affects land within Council's municipal district; or
where the amendment will amend the planning scheme to designate Council as an acquiring authority.
Planning and Environment (Fees) Regulations 2016
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
r 19 Power to waive or rebate a fee relating to an amendment of a planning scheme
3 Delegates
r 20 Power to waive or rebate a fee other than a fee relating to an amendment to a planning scheme 3 Delegates
r 21 Duty to record matters taken into account and which formed the basis of a decision to waive or rebate a fee under r 19 or 20
3 Delegates
Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
r 7 Function of entering into a written agreement with a caravan park owner 12 Delegates
EHC and MBS in a coordinated approach
r 10 Function of receiving application for registration 4 Delegates
r 11 Function of receiving application for renewal of registration 7 Delegates
Approach to be coordinated between EHC and MBS
r 12(1) Duty to grant the registration if satisfied that the caravan park complies with these regulations 4 Delegates
r 12(1) Power to refuse to renew the registration if not satisfied that the caravan park complies with these regulations 4 Delegates
r 12(2) Duty to renew the registration if satisfied that the caravan park complies with these regulations 4 Delegates
r 12(2) Power to refuse to renew the registration if not satisfied that the caravan park complies with these regulations 5 Delegates
Approach to be coordinated between EHC and MBS
r 12(3) Duty to have regard to matters in determining an application for registration or an application for renewal of registration 6 Delegates
Approach to be coordinated between EHC and MBS
r 12(4) & (5) Duty to issue certificate of registration 3 Delegates
r 14(1) Function of receiving notice of transfer of ownership 4 Delegates
r 14(3) Power to determine where notice of transfer is displayed 4 Delegates
r 15(1) Duty to transfer registration to new caravan park owner 4 Delegates
r 15(2) Duty to issue a certificate of transfer of registration 3 Delegates
r 16(1) Power to determine the fee to accompany applications for registration or applications for renewal of registration 3 Delegates
r 17 Duty to keep register of caravan parks 3 Delegates
r 18(4) Power to determine where the emergency contact person's details are displayed 4 Delegates
r 18(6) Power to determine where certain information is displayed 4 Delegates
r 22(1) Duty to notify a caravan park owner of the relevant emergency services agencies for the caravan park, on the request of the caravan park owner 9 Delegates
r 22(2) Duty to consult with relevant emergency services agencies 9 Delegates
r 23 Power to determine places in which caravan park owner must display a copy of emergency procedures 6 Delegates
r 24 Power to determine places in which caravan park owner must display copy of public emergency warnings 9 Delegates
r 25(3) Duty to consult with relevant floodplain management authority
8 Delegates
EHO, EHT, SEHO, EHC and MBS in coordinated approach
r 26 Duty to have regard to any report of the relevant fire authority
10 Delegates
r 28(c) Power to approve system for the collection, removal and disposal of sewage and waste water from a movable dwelling
6 Delegates
r 40 Function of receiving notice of proposed installation of unregistrable movable dwelling or rigid annexe
7 Delegates
r 40(b) Power to require notice of proposal to install unregistrable movable dwelling or rigid annexe

7 Delegates
r 41(4) Function of receiving installation certificate
9 Delegates
r 43 Power to approve use of a non-habitable structure as a dwelling or part of a dwelling

9 Delegates
sch 3 cl 4(3) Power to approve the removal of wheels and axles from unregistrable movable dwelling 9 Delegates
Road Management (General) Regulations 2016
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
r 8(1) Duty to conduct reviews of road management plan
3 Delegates
r 9(2) Duty to produce written report of review of road management plan and make report available
3 Delegates
r 9(3) Duty to give notice where road management review is completed and no amendments will be made (or no amendments for which notice is required) 3 Delegates Where Council is the coordinating road authority
r.10 Duty to give notice of amendment which relates to standard of construction, inspection, maintenance or repair under s 41 of the Act
3 Delegates
r 13(1) Duty to publish notice of amendments to road management plan 3 Delegates where Council is the coordinating road authority
r 13(3) Duty to record on road management plan the substance and date of effect of amendment
3 Delegates
r 16(3) Power to issue permit
6 Delegates Where Council is the coordinating road authority
r 18(1) Power to give written consent re damage to road
5 Delegates Where Council is the coordinating road authority
r 23(2) Power to make submission to Tribunal
5 Delegates Where Council is the coordinating road authority
r 23(4) Power to charge a fee for application under s 66(1) Road Management Act 7 Delegates Where Council is the coordinating road authority
r 25(1) Power to remove objects, refuse, rubbish or other material deposited or left on road

11 Delegates Where Council is the responsible road authority
r 25(2) Power to sell or dispose of things removed from road or part of road (after first complying with regulation 25(3)
7 Delegates Where Council is the responsible road authority
r 25(5) Power to recover in the Magistrates' Court, expenses from person responsible 7 Delegates
Road Management (Works and Infrastructure) Regulations 2015
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
r 15 Power to exempt a person from requirement under cl 13(1) of sch 7 of the Act to give notice as to the completion of those works 6 Delegates Where Council is the coordinating road authority and where consent given under s 63(1) of the Act
r 22(2) Power to waive whole or part of fee in certain circumstances 6 Delegates Where Council is the coordinating road authority
© 2024 - Powered by RelianSys Governance Suite