Copper Coast Council

Local Nuisance and Litter Control Act 2016
Local Nuisance and Litter Control Act 2016
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
section 7(2)(a) Take action to manage local nuisance and littering within the council area 1 Delegates
section 7(2)(b) Cooperate with any other person or body in the administration of the Act 1 Delegates
section 7(2)(c) Provide, or support the provision of, educational information within the council areas to help detect, prevent and manage local nuisance and littering 1 Delegates
section 8 Include in the council's annual report details of the performance of the council during the year of functions conferred on it under the Act 1 Delegates
section 12(3) Appoint authorised officers 1 Delegates
section 12(4)(a) Determine conditions to apply to the appointment of authorised officers 1 Delegates
section 12(6) Revoke the appointment of an authorised officer 1 Delegates
section 12(6) Vary or revoke a condition applying to the appointment of an authorised officer or impose a further condition 1 Delegates
section 13(2) Issue an identity card to an authorised officer 1 Delegates
section 15(a) Agree in writing that an authorised officer appointed by another council may exercise powers under the Act in the council area 1 Delegates
section 16(1)(a) Hold a substance, material or thing seized under Division 3, Part 3 of the Act pending proceedings 4 Delegates
section 16(1)(a) Authorise the release of a substance, material or thing seized under Division 3, Part 3 of the Act 4 Delegates
section 16(1)(d) Receive a substance, material or thing forfeited pursuant to a court order 1 Delegates
section 16(1)(e)(i) Request the person entitled to recover a substance, material or thing to collect the substance, material or thing 4 Delegates
section 16(1)(e)(ii) Make reasonable attempts to locate the person entitled to recover a substance, material or thing to collect the substance, material or thing 4 Delegates
section 16(1)(f) Dispose of any substance, material or things forfeited to the council under section 16 4 Delegates
section 19(1) Declare a person to be exempt from the application of section 18 2 Delegates
section 19(2) Receive an application for an exemption under section 19 2 Delegates
section 19(2)(b) Specify any information the council requires to be provided with an application under section 19 2 Delegates
section 19(4) Determine conditions to apply to a declaration under section 19 2 Delegates
section 19(5) Vary or revoke a declaration under section 19 2 Delegates
section 19(6) Specify a date of expiry in a declaration under section 19 2 Delegates
section 19(7) Publish a declaration under section 19 or any variations to a declaration on a website determined by the council 2 Delegates
section 22(3)(a)(i) Provide a bin or other receptacle for litter of a particular kind 1 Delegates
section 22(3)(a)(ii) Approve or authorise the disposal of litter in a manner other than in a bin or receptacle provided by the council 1 Delegates
section 25(1) Receive a citizen's notification from a person who reasonably suspects another person has committed an offence under Division 2, Part 4 of the Act 1 Delegates
section 26(3) Issue a notice to the owner of a vehicle for an alleged offence 4 Delegates
section 29 Notify the Environment Protection Authority of a belief that an offence committed under section 18 of section 22 has, or may have, resulted in material environmental harm or serious environmental harm 4 Delegates
section 30(1)(a) Issue a nuisance abatement notice 4 Delegates
section 30(1)(b) Issue a litter abatement notice 4 Delegates
section 30(7) Issue and serve a notice confirming an emergency notice 1 Delegates
section 30(8) Vary or revoke a notice issued under section 30 4 Delegates
section 31(1) Take action required by a nuisance abatement notice or a litter abatement notice if the requirements of the notice has not been fulfilled 4 Delegates
section 31(2) Authorise a person to take action on behalf of the council if the requirements of a nuisance abatement notice or a litter abatement notice have not been fulfilled 4 Delegates
section 31(3)(a) Issue an instrument of authority to a person other than an authorised officer taking action on behalf of the council under section 31(1) 1 Delegates
section 31(5) Recover the reasonable costs and expenses incurred in taking action under section 31 4 Delegates
section 31(6) Fix a period within which an amount under section 31(5) must be paid to the council 4 Delegates
section 32(4) Participate as a party to any proceedings under section 32 1 Delegates
section 33(6)(a) Make an application to the Environment, Resources and Development Court for an order under section 33(1) 2 Delegates
section 33(8)(a) Serve a copy of an application under section 33 on the Minister 2 Delegates
section 33(9)(b) Apply to the Environment, Resources and Development Court to join proceedings for an order under section 33(1) commenced by another person 2 Delegates
section 33(14) Apply to the Environment, Resources and Development Court for an interim order under section 33 2 Delegates
section 33(19) Apply to the Environment, Resources and Development Court to vary or revoke an order under section 33 2 Delegates
section 34(1) Agree with a person who the council is satisfied has contravened the Act a civil penalty in respect of the contravention 2 Delegates
section 34(1) Apply to the Environment, Resources and Development Court for an order for a civil penalty in respect of a contravention of the Act 2 Delegates
section 34(3)(a) Serve a notice on a person who the council is satisfied has contravened the Act advising the person that they may elect to be prosecuted for the contravention 2 Delegates
section 40 Require a person required by or under the Act to provide information to the council to verify the information by statutory declaration 4 Delegates
section 40 Require a person required by or under the Act to provide information to the council to verify the information by statutory declaration 4 Delegates
section 43(1)(d) Commence proceedings for an offence against the Act 1 Delegates
section 48(1) Serve notice on a person who has contravened the Act requiring the person to pay the reasonable costs of the council taking prescribed action under the Act 4 Delegates
section 48(3)(a) Extend the time for payment of an amount payable under a notice under section 48(1) 4 Delegates
section 48(3)(b) Waive or reduce payment of an amount payable under a notice under section 48(1) 4 Delegates
section 48(6) Recover an amount payable under a notice under section 48(1) which is unpaid as a debt 4 Delegates
section 50(4) Execute a certificate regarding the appointment or non-appointment of a person as an authorised officer; a delegation or authority under the Act; a notice, requirement or direction of the council; any other decision of the council; receipt or non-receipt of a notification, report or information 1 Delegates
section 50(5) Execute a certificate detailing costs and expenses and the purpose for which they were incurred for the purposes of proceedings to recover the reasonable costs of the council 1 Delegates
section 51(9) Participate in consultation with the Minister in regard to proposed regulations 1 Delegates
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