standing committee meetings – policy and planning

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2017 Mt Perry North Burnett Regional Council 02 August, 2017 Standing Committee Meetings – Policy and Planning

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2017

Mt Perry

North Burnett Regional Council

02 August, 2017

Standing Committee Meetings – Policy and Planning

North Burnett Regional Council Policy and Planning Agenda– 02/08/2017

NORTH BURNETT REGIONAL COUNCIL POLICY AND PLANNING STANDING COMMITTEE MEETING AGENDA – MT PERRY – 02 AUGUST 2017

98

830389 Agenda Item 1 Attendees Agenda Item 2 Welcome / Housekeeping Agenda Item 3 Apologies Agenda Item 4 Declaration of Interest Agenda Item 5 Deputations/Petitions 5.1 10:00am – McMurtries Engineers presentation 5.2 10:15am – Citizenship Ceremonies 5.3 Mt Perry Police Officer Introduction Agenda Item 6 Governance Reports 6.1 Mt Perry Race Club Lease Renewal 003-007 6.2 Delegations Register – Planning Regulation 2017 008-039 6.3 Waiver of Fees for Biggenden Hall 040-042 Agenda Item 7 Economic Report Agenda Item 8 General Business Agenda Item 9 Confidential Reports Agenda Item 10 Closure of Meeting

GOV 01 08/2017

ESTABLISH NEW LEASE – MT PERRY RACE CLUB

File: 826822 Responsible Officer: Mark Pitt – Chief Executive Officer Report prepared by: Mark Watt – Acting General Manager Corporate & Community Services

1 PURPOSE OF REPORT

The purpose of this report is to consider establishing a lease with the Mt Perry Race Club Incorporated.

2 INTRODUCTION/BACKGROUND The Mt Perry Race Club Incorporated currently operate their activities on the Racecourse land located at 5222 Gayndah – Mount Perry Road, Mount Perry and described as L14/BON1523 [Racecourse Reserve]. These arrangements are informal and appear to have existed virtually since inception of the Race Club Inc. In recent times the Club has been required to meet more stringent rules to maintain its licence for racing venues. Racing Queensland, acting under the authority of the Racing Act 2002, require greater compliance requirements, such as evidence of entitlement to use the land upon which racing occurs. An informal operational plan was established prior to 2008, however, many of the arrangements have fallen by the way side in terms of roles and responsibilities. The President of the Race Club recently wrote to Council seeking to enter into a Trustee Lease so as to establish land entitlement and to provide clarity around the ownership of facilities and maintenance responsibilities thereof. A recent meeting between the Race Club and Council officers, including an onsite inspection, reviewed the roles and responsibilities currently in place. A summary of the terms and conditions of a proposed lease are attached to this report.

3 CORPORATE/OPERATIONAL PLAN

Theme 3: Our United Region-A region for all interests 3.3.2 Encourage and support community and recreational groups

4 POLICY IMPLICATIONS

Council has no specific policy relating to leasing land and reserves to community and sporting groups. However, Asset Management Policy No. 256 provides a framework for managing assets which in itself is a major cost and responsibility for Council. By virtue of a lease being in place for the Mt Perry Race Club Inc. assets are likely to be better maintained given the Lessee who occupies the site on a day-to-day basis will either report maintenance issues or undertake minor repairs as part of the lease.

5 STATUTORY REQUIREMENTS

Pursuant to section 236 of the Local Government Regulation 2012, Council is permitted to dispose of a valuable non-current asset other than by tender if it is being disposed to a community organisation. ‘Dispose’ refers to an interest in a non-current asset such as land.

3

Schedule 8 of the Local Government Regulation 2012 defines a community organisation as

(a) an entity that carries on activities for a public purpose; or (b) another entity whose primary objective is not directed at making a profit.

Therefore, the Mount Perry Race Club Incorporated may be deemed to be a community organisation given their activities are non-profit making and exist for a public purpose. All funds generated by the Club are put back towards the purpose of the organisation. Pursuant to section 57 of the Land Act 1994, Council, as Trustee, may lease trust land subject to the Minister’s approval. Section 59 of the Land Act 1994 requires Ministerial approval of the use to be consistent with the purpose for which the land was reserved. In the case of the Mt Perry Racecourse Reserve, the use is consistent and would facilitate and enhance the purpose of the reserve.

6 FINANCIAL IMPLICATIONS

There are minimal cost implications to either party as the current arrangements are being encapsulated into the proposed lease.

7 RISK MANAGEMENT

Council’s exposure to risk in this matter is low, based on the following: Reputation/Political – positive negotiations with the Race Club with

proposed lease confirming existing arrangements; Financial – minimal impact to Council; Regulatory – Racing Queensland also provide governance measures for

the site; Strategic – meets Council’s strategic community outcomes.

8 CONSULTATION Consultation occurred with the Mt Perry Race Club Inc, Cr John Bowen, the Manager Technical Services regarding the airstrip and the Chief Executive Officer.

9 OFFICERS COMMENTS/CONCLUSION

In considering the adoption of the recommendation, Council may be aware that the proposed lease meets Council’s legal and strategic objectives. It also achieves a positive community outcome, particularly in light of the ability to promote self-sufficient and sustainable activities.

RECOMMENDATION

1. That pursuant to section 236(2) of the Local Government Regulation 2012, Council apply subsections (1)(a) to (e) in entering into a Trustee Lease with the Mt Perry Race Club Incorporated based on the terms and conditions as presented; and

2. The Chief Executive Officer be authorised to finalise negotiations and once completed, the lease be signed pursuant to section 236 of the Local Government Act 2009.

4

ATTACHMENT A NORTH BURNETT REGIONAL COUNCIL

SUMMARY OF TERMS AND CONDITIONS LEASE/SUB LEASE

The purpose of this form is to provide a summary of the lease schedule and standard terms for a lease. Such information is contained in Queensland Land Registry – Lease/Sub Lease Form 7 and Mandatory Standard Terms Trustee Lease – Form 20.

SCHEDULE

DESCRIPTION

1. Lessor

North Burnett Regional Council as Trustee

2. RPD (including area) L14/BON1523 87.45 Hectares

3. Lessee Mt Perry Race Club Inc

4. Description of premises being leased

The Reserve includes all facilities associated with a small country racing facility such as track, running rail, fences, grandstand, canteen, Steward’s area, photo finish stand, Secretary’s office, horse stalls, swabbing stalls, toilets etc. Mt Perry Race Club Inc. currently hold one (1) race meeting each year, being on the third Saturday in November. Attendance numbers range from approximately 1,500 to 2,000 people, including camping. The site also includes a grass landing area in the middle of the racetrack.

5. Term of Lease 20-years

6. Rent $1.00 per annum (if requested)

7. Options Nil

8. Insurance Public Risk

$20 Million The Race Club have Public Liability and Volunteer insurance. As part of the lease, the Race Club will need to take out asset insurance for the loose items owned and located at the facility, such as the Zero-turn mower, fridges, BBQ, and furniture stored in the shipping container.

9. Outgoings (Rates and charges)

Outgoings payable by the Lessee: 1. Rates and service charges; 2. Land taxes or government charges.

5

SCHEDULE

DESCRIPTION

10. Special Conditions COUNCIL RESPONSIBILITIES 1. Electricity - one event per year 2. Insurance of fixed buildings and facilities 3. Pest control of buildings 4. Maintenance of airstrip including clearing vegetation and

approaches 5. Maintenance of access road to airstrip 6. Capital maintenance of its facilities RACE CLUB RESPONSIBILITIES 7. Ground maintenance ie. Mowing, weed control, rubbish 8. Building and operational maintenance ie painting, repairs etc 9. Ability for race club to hire facility to other parties for private

events/functions 10. Repair hirer damages between events 11. Key control

11. General Conditions 1. As per mandatory standard terms for Trustee Lease

2. Nil

12. Other relevant details FIRE BREAKS The Race Club also seek assistance from Council in maintaining fire breaks around the site. Given Council owns the facility, it is deemed appropriate that such fire breaks be co-ordinated as part of general town maintenance, subject to availability of graders. FUTURE PROJECTS Given the Race Club substantially maintain the facility, Council is able to offer assistance of Community Development Officers to seek funding for the following:

erect a storage shed for the Zero Turn mower dam (to allow stock grazing in the fenced area) other capital upgrades deemed appropriate such as more

toilets LANDING AREA (AIRSTRIP)

Council and Lessee to ensure ongoing public access. Council to mow grass landing area Council to maintain the access road to the landing area.

COMMUNITY GRANTS POLICY - IN-KIND

Council transports the local mobile toilets to the site for race day

Slashing camping area prior to race day Waiver of hire fees for race day

13. Other Nil

6

ATTACHMENT B

RPD: L14/BON1523 AREA: 87.45 Hectares ADDRESS: 5222 Gayndah-Mount Perry Road, Mount Perry

7

GOV 02

DELEGATIONS REGISTER – PLANNING REGULATION 2017

File: Delegations 4.11.01 Responsible Officer: MJP Pitt – Chief Executive Officer Report prepared by: Cyndy Seabrook – Executive Services Administration Officer

1 INTRODUCTION/BACKGROUND With the implementation of updates to the Local Government Act 2009, changes are required to Council’s adopted Delegations Register. LGAQ assists Council’s in this area by developing and maintaining a delegations register template. This template is regularly reviewed for changes in legislation. The full Delegations Register was adopted at the General Meeting held on 21 June 2012. Amendments to the register were presented to the Standing Committee Meeting of 4 July 2015 and the General Meeting of 15 March, 2016. 2 CORPORATE/OPERATIONAL PLAN Corporate Plan 1.7 Planning to facilitate industrial, commercial and residential growth 4.4 Regional Planning Amenity and Aesthetics Policy 3 POLICY IMPLICATIONS In accordance with Statutory Requirements, Council makes a decision as to what areas or responsibility it delegates to the Chief Executive Office. Once this delegation is made, the Chief Executive Officer then may sub-delegate through section 259 of the Local Government Act 2009 to an appropriately qualified employee or contractor. 4 STATUTORY REQUIREMENTS Local Government Act 2009; Local Government Regulation 2012; Building Act 1975; Planning Act 2016 and the Planning Regulation 2017.

5 RISK MANAGEMENT Ensuring statutory requirements are met. 6 FINANCIAL CONSIDERATIONS Possible adverse financial consequence if proceedings are commenced without appropriate delegations being in place.

8

7 OFFICER’S COMMENTS/CONCLUSION As previously advised King and Co Solicitors provided advice through the LGAQ Delegations Register Service to Local Authorities as to updates or changes required through legislation. The attached Register has been prepared in accordance with the requirements of Section 257 of the Local Government Act 2009 for each power under the Local Government Act or Regulation which may be delegated to the Chief Executive Officer and Section 259 of the Local Government Act 2009 for each power of the Chief Executive Officer which may be delegated by the Chief Executive Officer to an appropriately qualified employee or contractor. The documents annexed hereto are new delegations required by the North Burnett Regional Council Delegations Register from Council to the Chief Executive Officer containing the relevant legislative changes. It should be noted that this is an ongoing process and as such the Delegations Register will need to be amended as and when changes occur in relevant legislation. Pursuant to Section 260 of the Local Government Act 2009 the Chief Executive Officer must establish a register of delegations that contains the particulars prescribed under a regulation and must record all delegations by Council, the Mayor and the Chief Executive Officer in the register. The public may inspect the register. 8 ATTACHMENT Draft - Register of Delegation Council to CEO

Planning Regulation 2017 Planning Act 2016 Building Act 1975

RECOMMENDATION That North Burnett Regional Council delegates all powers referred to in the below documents Register of Delegation Council to CEO Planning Regulation 2017, Planning Act 2016 and Building Act 1975 and such powers are delegated from Council to the Chief Executive Officer of Council pursuant to Section 257 of the Local Government Act 2009.

9

REGISTER OF DELEGATIONS

COUNCIL TO CEO

[Planning Regulation 2017]

NB. This legislation will not commence until 3 July 2017.

Page 1 of 3 Planning Regulation 2017 - Council to CEO

NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to extend the period mentioned in

subparagraph (a).

Section 12(b)

Planning

Regulation 2017

Chief Executive Officer Power, as an assessment manager, to make the

requested decision.

Schedule 11,

Section 10(1)

Planning

Regulation 2017

Chief Executive Officer Power, as an assessment manager, to give notice of

the decision.

Schedule 11,

Section 10(2)

Planning

Regulation 2017

Chief Executive Officer Power, as an assessment manager, to give notice of

the decision, including the reasons for the decision.

Schedule11 ,

Section 10(3)

Planning

Regulation 2017

Chief Executive Officer Power, where the request complies with the criteria

stated in section 2, to approve the request.

Schedule 18,

Section 3(1)

Planning

Regulation 2017

Chief Executive Officer Power to give notice of the approval to the person

making the request.

Schedule 18,

Section 3(2)

Planning

Regulation 2017

10

REGISTER OF DELEGATIONS

COUNCIL TO CEO

[Planning Regulation 2017]

NB. This legislation will not commence until 3 July 2017.

Page 2 of 3 Planning Regulation 2017 - Council to CEO

NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to keep the documents listed in subsection

(1) available for inspection and purchase.

Schedule 22,

Section 1 Planning

Regulation 2017

Chief Executive Officer Power to keep the documents listed in subsection

(1) available for inspection only.

Schedule 22,

Section 2 Planning

Regulation 2017

Chief Executive Officer Power to publish the documents listed in

subsections (1) and (4) on Council’s website.

Schedule 22,

Section 3 Planning

Regulation 2017

Chief Executive Officer Power, as an assessment manager, to keep the

documents listed in subsections (1) and (2)

available for inspection and purchase.

Schedule 22,

Section 5 Planning

Regulation 2017

Chief Executive Officer Power, as an assessment manager, to keep the

documents listed in subsection (1) available for

inspection only.

Schedule 22,

Section 6 Planning

Regulation 2017

Chief Executive Officer Power, as an assessment manager, to publish the

documents listed in subsections (1) and (4) on

Council’s website.

Schedule 22,

Section 7 Planning

Regulation 2017

Chief Executive Officer Power, as a referral agency, to keep the documents

listed in subsections (a) to (d) available for

inspection and purchase.

Schedule 22,

Section 8 Planning

Regulation 2017

11

REGISTER OF DELEGATIONS

COUNCIL TO CEO

[Planning Regulation 2017]

NB. This legislation will not commence until 3 July 2017.

Page 3 of 3 Planning Regulation 2017 - Council to CEO

NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as a referral agency, to keep a register for

all development applications and change

applications given to the referral agency under

section 54 of the Act and to make it available for

inspection only.

Schedule 22,

Section 9 Planning

Regulation 2017

Chief Executive Officer Power, as a referral agency, to publish the

documents listed in subsections (a) to (d) on

Council’s website.

Schedule 22,

Section 10 Planning

Regulation 2017

12

REGISTER OF DELEGATIONS

COUNCIL TO CEO

[Planning Act 2016]

NB. This legislation will not commence until 3 July 2017.

Page 1 of 14 Planning Act 2016 - Council to CEO571144_1

Version information: Date Reviewed: 25/5/2017

Reprint No: 25/5/2016

Updated Items: Sections 19, 46, 75, 115

New Items: Section 37, 41, 51, 64, 84, 86, 93, 105, 175, 181, 229

Removed Items:

To view the changes within this document please turn on ‘Track Changes’ to show ‘Final: Show Mark-Up’

NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to make submissions to the Minister about

the making or amending of a State Planning

instrument.

Section 10 Planning

Act 2016

Chief Executive Officer Power to give notice of a proposed planning

scheme or proposed amendment to the chief

executive and follow the process for making or

amending a planning scheme. For avoidance of

doubt, the power delegated includes the power to

take all actions as detailed in sections 18, 20 and 26

and as required under a notice give by the chief

executive or in the Minister’s rules.

Sections 18, 20 and

26 Planning Act

2016

This delegation does not

include any powers that are

required to be exercised by

Council pursuant to a

resolution of Council.

Chief Executive Officer Power to apply a planning scheme as a categorising

instrument in relation to prescribed tidal works in

the tidal area for Council’s non-port local

government area

Section 19 Planning

Act 2016

13

REGISTER OF DELEGATIONS

COUNCIL TO CEO

[Planning Act 2016]

NB. This legislation will not commence until 3 July 2017.

Page 2 of 14 Planning Act 2016 - Council to CEO571144_1

NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to follow the process for the making or

amending of an LGIP as set out in the Minister’s

rules. For avoidance of doubt, the power delegated

includes the power to take all actions as detailed in

sections 21 and 26 and as required in the Minister’s

rules.

Sections 21 and 26

Planning Act 2016

This delegation does not

include any powers that are

required to be exercised by

Council pursuant to a

resolution of Council.

Chief Executive Officer Power to follow the process for the making or

amending of a planning scheme policy as set out in

the Minister’s rules. For avoidance of doubt, the

power delegated includes the power to take all

actions as detailed in sections 22 and 26 and as

required in the Minister’s rules.

Sections 22 and 26

Planning Act 2016

This delegation does not

include any powers that are

required to be exercised by

Council pursuant to a

resolution of Council.

Chief Executive Officer Power to follow the process for the making or

amending of a TLPI as set out in the Minister’s

rules. For avoidance of doubt, the power delegated

includes the power to take all actions as detailed in

sections 23 and 26 and as required in the Minister’s

rules.

Sections 23 and 26

Planning Act 2016

This delegation does not

include any powers that are

required to be exercised by

Council pursuant to a

resolution of Council.

Chief Executive Officer Power to follow the process for repealing a TLPI or

planning scheme policy. For avoidance of doubt,

the power delegated includes the power to take all

actions as detailed in section 24.

Section 24 Planning

Act 2016

This delegation does not

include the power to decide to

repeal the TLPI or planning

scheme policy which is

required to be exercised by

Council pursuant to a

resolution of Council (see

subsection (1)).

14

REGISTER OF DELEGATIONS

COUNCIL TO CEO

[Planning Act 2016]

NB. This legislation will not commence until 3 July 2017.

Page 3 of 14 Planning Act 2016 - Council to CEO571144_1

NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to review a planning scheme and a LGIP and

follow the process for the review as set out in the

Minister’s rules. For avoidance of doubt, the power

delegated includes the power to take all actions as

detailed in sections 25 and 26 and as required in the

Minister’s rules.

Sections 25 and 26

Planning Act 2016

This delegation does not

include any powers that are

required to be exercised by

Council pursuant to a

resolution of Council.

Chief Executive Officer Power to decide whether or not to agree to a

superseded planning scheme request and give

notice of the decision.

Section 29 Planning

Act 2016

Chief Executive Officer Power to decide a compensation claim. For

avoidance of doubt, the power delegated includes

the power to take all actions and consider all

matters detailed in sections 32 and 33.

Sections 32 and 33

Planning Act 2016

Chief Executive Officer Power to make or amend a designation and follow

the process in the designation process rules. For

avoidance of doubt, the power delegated includes

the power to take all actions and consider all

matters detailed in sections 35, 36, 37, 38 and the

designation process rules.

Sections 35, 36, 37

and 38 Planning Act

2016

This delegation does not

include any powers that are

required to be exercised by

Council pursuant to a

resolution of Council.

Chief Executive Officer Power, as an affected party, to make submissions

about the proposal to the Minister. Section 37(4)

Planning Act 2016

Chief Executive Officer Power to extend the duration of a designation. For

avoidance of doubt, the power delegated includes

the power to take all actions as detailed in section

39.

Section 39 Planning

Act 2016

15

REGISTER OF DELEGATIONS

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[Planning Act 2016]

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NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to repeal a designation made by Council.

For avoidance of doubt, the power delegated

includes the power to take all actions and consider

all matters as detailed in sections 40 and 41.

Sections 40 and 41

Planning Act 2016

Chief Executive Officer Power, as an owner of an interest in designated

premises, to request a designator to repeal a

designation made by the designator on the basis

that the designation is causing the owner hardship.

Section 41(1)

Planning Act 2016

Chief Executive Officer Power to include a note about the making,

amendment, extension or repeal of a designation in

Council’s planning scheme. For avoidance of

doubt, the power delegated includes the power to

take all actions as detailed in section 42.

Section 42 Planning

Act 2016

Chief Executive Officer Power to give an exemption certificate for the

development. For avoidance of doubt, the power

delegated includes the power to take all actions as

detailed in section 46.

Section 46 Planning

Act 2016

16

REGISTER OF DELEGATIONS

COUNCIL TO CEO

[Planning Act 2016]

NB. This legislation will not commence until 3 July 2017.

Page 5 of 14 Planning Act 2016 - Council to CEO571144_1

NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to act as the “assessment manager” for all

development applications, change representations,

cancellation applications and extension applications

received by Council under Chapter 3 of the

Planning Act 2016. For avoidance of doubt, the

power delegated includes the power to take all

actions of an assessment manager and consider all

matters as detailed in sections 48, 51, 53, 54, 59,

60, 61, 62, 63, 64, 65, 67, 71, 75, 76, 84, 85, 86, 87,

93 100, 101, 105, 107 and 109 of the Planning Act

2016.

Sections 48, 51, 53,

54, 59, 60, 61, 62,

63, 64, 65, 67, 71,

75, 76, 84, 85, 86,

87, 93, 100, 101,

105, 107 and 109

Planning Act 2016

Chief Executive Officer Power to keep a list of persons who are

appropriately qualified to be an assessment

manager in relation to a particular type of

development.

Section 48(3)(b)

Planning Act 2016

Chief Executive Officer Power to enter an agreement with a person on

Council’s list of persons who are appropriately

qualified to be an assessment manager in relation to

a particular type of development.

Section 48(3)(d)

Planning Act 2016

Chief Executive Officer Power, as the owner of premises, to give written

consent to the making of the development

application.

Section 51(2)

17

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[Planning Act 2016]

NB. This legislation will not commence until 3 July 2017.

Page 6 of 14 Planning Act 2016 - Council to CEO571144_1

NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to act as a “referral agency” for all

development applications and cancellation

applications received by Council as a referral

agency under Chapter 3 of the Planning Act 2016.

For avoidance of doubt, the power delegated

includes the power to take all actions of a referral

agency and consider all matters as detailed in

sections 46, 54, 55, 56, 57, 65, 66, 67, 84, 85, 100,

107 and 109 of the Planning Act 2016.

Sections 46, 54, 55,

56, 57, 65, 66, 67,

84, 85 100, 107 and

109 Planning Act

2016

Chief Executive Officer Power to consult with the Minister about making or

amending the instrument mentioned in subsection

(8)(c).

Section 64(9)

Chief Executive Officer Power to act as a “responsible entity” for all change

applications received by Council as a responsible

entity under Chapter 3 of the Planning Act 2016.

For avoidance of doubt, the power delegated

includes the power to take all actions of a

responsible entity and consider all matters as

detailed in sections 79, 80, 81, 82, 83, 93, 100, 105,

107 and 109 of the Planning Act 2016.

Sections 79, 80, 81,

82, 83, 93 and 100,

105, 107 and 109

Planning Act 2016

18

REGISTER OF DELEGATIONS

COUNCIL TO CEO

[Planning Act 2016]

NB. This legislation will not commence until 3 July 2017.

Page 7 of 14 Planning Act 2016 - Council to CEO571144_1

NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to act as an “affected entity” for all change

applications received by Council as an affected

entity under Chapter 3 of the Planning Act 2016.

For avoidance of doubt, the power delegated

includes the power to take all actions of an affected

entity and consider all matters as detailed in section

80 of the Planning Act 2016.

Section 80 Planning

Act 2016

Chief Executive Officer Power, as the owner of land, to give written consent

to the cancellation application. Section 84(3)(b)(i)

Planning Act 2016

Chief Executive Officer Power, as a public utility, to give written consent to

the cancellation application. Section 84(3)(b)(iii)

Planning Act 2016

Chief Executive Officer Power, as the owner of land, to give written consent

to the extension application. Section 86(2)(b)(ii)

Planning Act 2016

Chief Executive Officer Power to note an approval referred to in subsection

(1) on Council’s planning scheme and give notice

of the approval to the chief executive.

Section 89 Planning

Act 2016

Chief Executive Officer Power to comply with a direction given by the

Minister. Section 93(2)

Planning Act 2016

Chief Executive Officer Power to make submissions in response to a

proposed call in notice received by Council. Section 102

Planning Act 2016

Chief Executive Officer Power, as the decision-maker, to give the Minister

reasonable help. Section 105(3)

Planning Act 2016

19

REGISTER OF DELEGATIONS

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[Planning Act 2016]

NB. This legislation will not commence until 3 July 2017.

Page 8 of 14 Planning Act 2016 - Council to CEO571144_1

NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as a participating local government for a

distributor-retailer, to enter a break-up agreement

about the charges break-up and publish a copy of

the agreement on the local government’s website.

Section 115

Planning Act 2016

Chief Executive Officer Power to carry out the steps required after making a

charges resolution. Section 118

Planning Act 2016

Chief Executive Officer Power to give an infrastructure charges notice. For

avoidance of doubt, the power delegated includes

the power to take all actions and consider all

matters as detailed in sections 119, 120, 121 and

129.

Sections 119, 120,

121 and 129

Planning Act 2016

Chief Executive Officer Power, as a local government that gave an

infrastructure charges notice, to agree with the

recipient about:-

a) whether the levied charge may be paid other

than as required under section 122, including

whether it may be paid by instalments; and/or

b) whether infrastructure may be provided instead

of paying all or part of the levied charge.

Section 123

Planning Act 2016

Chief Executive Officer Power, as a local government, to consider

representations made on an infrastructure charges

notice and, issue a negotiated notice or give a

decision notice.

Section 125

Planning Act 2016

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REGISTER OF DELEGATIONS

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[Planning Act 2016]

NB. This legislation will not commence until 3 July 2017.

Page 9 of 14 Planning Act 2016 - Council to CEO571144_1

NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as a local government with a LGIP that

identifies adequate trunk infrastructure to service

the subject premises, to impose a development

condition requiring either or both of the following

to be provided at a stated time:

a) the identified infrastructure; and/or

b) different trunk infrastructure delivering the

same desired standard of service.

Section 128(1)

Planning Act 2016

Chief Executive Officer Power, as a local government with a LGIP that does

not identify adequate trunk infrastructure to service

the subject premises, to impose a development

condition requiring development infrastructure

necessary to service the premises to be provided at

a stated time.

Section 128(2)

Planning Act 2016

Chief Executive Officer Power, as a local government, to impose an extra

payment condition. For avoidance of doubt, the

power delegated includes the power to take all

actions and consider all matters as detailed in

sections 130, 131, 132, 133, 134 and 135.

Sections 130, 131,

132, 133, 134 and

135 Planning Act

2016

Chief Executive Officer Power in the circumstances referred to in

subsection (1) to, by notice given to the applicant,

amend the infrastructure charges notice.

Section 137

Planning Act 2016

21

REGISTER OF DELEGATIONS

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[Planning Act 2016]

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Page 10 of 14 Planning Act 2016 - Council to CEO571144_1

NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as a local government, to consider and

decide a conversion application. For avoidance of

doubt, the power delegated includes the power to

take all actions and consider all matters as detailed

in sections 140, 141 and 142

Sections 140, 141

and 142 Planning

Act 2016

Chief Executive Officer Power, as a local government, to agree with an

applicant that a levied charge, for the purpose of its

recovery, is not taken to be rates.

Section 144(2)

Planning Act 2016

Chief Executive Officer Power, as a local government, to impose a

development condition about non-trunk

infrastructure.

Section 145

Planning Act 2016

Chief Executive Officer Power in the circumstances referred to in

subsection (1) to:-

(a) pay the amount of the levied charge to the

State infrastructure provider; and

(b) agree with the State infrastructure provider

and the person who provided the

replacement infrastructure about when the

amount of the levied charge will be paid.

Section 149

Planning Act 2016

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NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as a local government, to enter an

infrastructure agreement. For avoidance of doubt,

the power delegated includes the power to take all

actions and consider all matters as detailed in

Chapter 4, Part 4.

Chapter 4, Part 4

Planning Act 2016

Chief Executive Officer Power, as an enforcement authority, to give a show

cause notice.

Section 167

Planning Act 2016

Chief Executive Officer Power, as an enforcement authority, to give an

enforcement notice.

Section 168

Planning Act 2016

Chief Executive Officer Power to consult with a private certifier before

giving an enforcement notice.

Section 169

Planning Act 2016

Chief Executive Officer Power to give notice of the giving or withdrawal of

an enforcement notice to the chief executive.

Section 170

Planning Act 2016

Chief Executive Officer Power to bring offence proceedings for an offence

against the Act.

Section 174

Planning Act 2016

Chief Executive Officer Power to consent to proceedings being brought on

behalf of the corporation.

Section 175(1)(a)

Planning Act 2016

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NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as an enforcement authority, to:-

(a) take the action required under the

enforcement order; and

(b) recover the reasonable cost of taking the

action as a debt to the authority from the

defendant.

Section 176(10)

Planning Act 2016

Chief Executive Officer Power, as an enforcement authority in an offence

proceeding, to apply for an order for the payment of

the expenses.

Section 178(1)(b)

Planning Act 2016

Chief Executive Officer Power to the start proceedings in the P&E Court for

an enforcement order.

Section 180

Planning Act 2016

Chief Executive Officer Power, as an enforcement authority, to:-

(a) take the action required under the

enforcement order; and

(b) recover the reasonable cost of taking the

action as a debt to the authority from the

respondent.

Section 180(13)

Planning Act 2016

Chief Executive Officer Power to apply to the P&E Court to cancel or

change an enforcement order or interim

enforcement order.

Section 181(4)

Planning Act 2016

Chief Executive Officer Power, as an enforcement authority in an offence

proceeding, to apply for a disposal order.

Section 214

Planning Act 2016

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NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to make a claim for compensation from the

State where Council incurs loss because of the

exercise, or purported exercise, of a power by or for

an inspector.

Section 221

Planning Act 2016

Chief Executive Officer Power as an appellant to start an appeal. Sections 229(2) and

230 Planning Act

2016

Chief Executive Officer Power as a respondent or co-respondent to be heard

in an appeal.

Section 229(4)

Planning Act 2016

Chief Executive Officer Power, where an appeal is only about a referral

agency’s response, to apply to the tribunal or P&E

Court to withdraw from the appeal.

Section 229(5)

Planning Act 2016

Chief Executive Officer Power to elect to be a co-respondent in an appeal. Section 230(6)

Planning Act 2016

Chief Executive Officer Power to start proceedings for a declaration by a

tribunal. For avoidance of doubt, the power

delegated includes the power to take all actions

detailed in sections 239(1), 240 and 241.

Sections 239(1),

240 and 241,

Planning Act 2016

Chief Executive Officer Power to give the registrar information that the

registrar reasonably requires for the proceedings.

Section 246(2)

Planning Act 2016

Chief Executive Officer Power to appear as a party to a tribunal proceeding. Section 248

Planning Act 2016

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NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to make submissions to the tribunal. Section 249

Planning Act 2016

Chief Executive Officer Power to give notice to the Registrar once a

tribunal’s direction or order has been complied

with.

Section 257

Planning Act 2016

Chief Executive Officer Power to give an applicant the planning and

development certificate applied for.

Section 265

Planning Act 2016

Chief Executive Officer Power to note the registration of premises on

Council’s planning scheme.

Section 267(13)

Planning Act 2016

Chief Executive Officer Power, as an owner of premises in an affected area,

before entering into a lease of the premises with a

person, to give a notice that states :-

(a) the premises are in an affected area; and

(b) that restrictions may apply to the person in

taking proceedings about emissions from

registered premises in the affected area.

Section 270

Planning Act 2016

Chief Executive Officer Power to make an amendment of a type specified in

subsection (1) by following the process set out in

the rules. For avoidance of doubt, the power

delegated includes the power to take all actions as

detailed in the rules.

Section 293(5)

Planning Act 2016

This delegation does not

include any powers that are

required to be exercised by

Council pursuant to a

resolution of Council.

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Building Act 1975

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Document reviewed: 01/03/2017

Reprint: 11/11/2015

NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, under IDAS to receive, assess and decide a

building development application.

Section 51(2)(a)

Building Act 1975

Chief Executive Officer Power to appoint or employ a private certifier or

another building certifier.

Section 51(2)(b)

Building Act 1975

Chief Executive Officer Power to appoint or employ a building certifier

where asked in writing by the nominated owner and

the building work has not been certified.

Section 51(3)

Building Act 1975

Chief Executive Officer Power to issue a building development approval. Section 52 Building

Act 1975

Chief Executive Officer Power, in carrying out functions under the Building

Act, to accept and, without checking, rely and act

on a certificate or other document made by or given

to the building certifier.

Section 53(2)

Building Act 1975

Chief Executive Officer Power to accept and, without further checking, rely

and act on a document, given to Council by a

private certifier for a building development

application, for the purpose of making it available

for inspection or purchase as required by the

Sustainable Planning Act.

Section 54 Building

Act 1975

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NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as assessment manager, in relation to

undecided building development applications and

lapsed building development approvals, to resume

or start an application for building development

approval at any stage of IDAS considered

appropriate.

Section 55 Building

Act 1975

Chief Executive Officer Power, as the holder of a registered easement or

statutory covenant, to consent to building work.

Section 65 Building

Act 1975

Chief Executive Officer Power to decide an application to extend the period

mentioned in subsection 71(3), to consult with an

entity in deciding the application and to give notice

of the decision.

Section 71 Building

Act 1975

Chief Executive Officer Power to give a private certifier a document

acknowledging receipt of the fee mentioned in

subsection 86(1)(c).

Section 87 Building

Act 1975

Chief Executive Officer Power to take the action it considers necessary to

complete the building work where the building

development approval lapses and the building work

is other than demolition.

Section 92(2)

Building Act 1975

Chief Executive Officer Power to use all or part of any security given to the

local government for the carrying out of the

building work.

Section 92(5)

Building Act 1975

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NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to refund or release part of any security

given to the local government for the carrying out

of the building work, at any time, having regard to

the progress of the building work.

Section 93(1)

Building Act 1975

Chief Executive Officer Power, as the assessment manager, to give a

reminder notice about the lapsing.

Section 95Building

Act 1975

Chief Executive Officer Power to consult with a private certifier with regard

to further extensions of the period under SPA, s 341

(When approval lapses if development not started).

Section 97(2)

Building Act 1975

Chief Executive Officer Power, as the assessment manager, to take

enforcement action against an owner contravening

section 114 of the Act.

Section 117

Building Act 1975

Chief Executive Officer Power to give a building certifier a notice (‘show

cause notice’).

Section 206(1)

Building Act 1975

Chief Executive Officer Power to consider any representations made under

the show cause notice and decide to take no further

action, or apply to the Queensland Civil and

Administrative Tribunal to start a disciplinary

proceeding against the building certifier.

Section 207

Building Act 1975

Chief Executive Officer Power to apply to the Queensland Civil and

Administrative Tribunal to conduct disciplinary

proceeding to determine whether there are proper

grounds for taking disciplinary action against a

building certifier.

Section 208(1)

Building Act 1975

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NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to notify the QBCC of its application to the

Queensland Civil and Administrative Tribunal.

Section 210

Building Act 1975

Chief Executive Officer Power to consult with any other entity considered

appropriate in deciding an application made by the

owner of a budget accommodation building to

approve a period for the building under section

220(a)(ii) or (b)(ii) (longer periods for approval).

Section 221(2)

Building Act 1975

Chief Executive Officer Power to grant (including with reasonable

conditions) or refuse an application made by the

owner of a budget accommodation building to

approve a period for the building under section

220(a)(ii) or (b)(ii) (longer periods for approval).

Section 221(3)

Building Act 1975

Chief Executive Officer Power to, on written application from the owner,

decide whether or not a building conforms with fire

safety standards and, if applicable, state what must

be done to make the building conform.

Section 222(2)

Building Act 1975

Chief Executive Officer Power to inspect budget accommodation buildings

at least once every 3 years.

Section 228

Building Act 1975

Chief Executive Officer Power, as local government, to approve, with or

without conditions, a later day for a residential care

building to comply with section 231AK of the

Building Act.

Section

231AK(a)(iii) and

(b)(iii) and section

231AL Building Act

1975

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NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as local government, on an application by

the owner of an RCB for a later day to obtain a fire

safety compliance certificate or certificate of

classification to:

(a) consult on the application;

(b) decide the application;

(c) impose conditions on the grant of an

application;

(d) give an information notice about the

decision.

Section 231AL and

(b)(iii) and section

231AL Building Act

1975

Chief Executive Officer Power to require the applicant to give medical

evidence to support the application.

Section 236

Building Act 1975

Chief Executive Officer Power to, on application by a pool owner, decide an

application for exemption from complying with

part of the pool safety standard relating to barriers

for a regulated pool due to disability (with or

without conditions).

Section 237

Building Act 1975

Chief Executive Officer Power to give notice of Council’s decision. Section 238

Building Act 1975

Chief Executive Officer Power to give notice of each exemption granted

under Chapter 8, Part 2, Division 3 to the QBCC

commissioner.

Section 239

Building Act 1975

Chief Executive Officer Power to give an applicant a show cause notice. Section 242(2)

Building Act 1975

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NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to consider any representations made under

the show cause notice and give a further notice (a

revocation notice) to the applicant, revoking the

decision previously given.

Section 242(3)

Building Act 1975

Chief Executive Officer Power to give to the QBCC commissioner notice of

each revocation notice given.

Section 243

Building Act 1975

Chief Executive Officer Power to, on application by a pool owner for

exemption from complying with part of the pool

safety standard relating to barriers for the regulated

pool due to compliance being impracticable,

require further information to establish that

compliance with the part of the pool safety standard

is not practicable.

Section 245A

Building Act 1975

Chief Executive Officer Power to, on application by a pool owner, decide an

application for exemption from complying with

part of the pool safety standard relating to barriers

for the regulated pool due to compliance being

impracticable (with or without conditions).

Section 245B

Building Act 1975

Chief Executive Officer Power to give written notice of the grant of an

exemption.

Section 245C(1)

Building Act 1975

Chief Executive Officer Power to give an information notice. Section 245C(2)

Building Act 1975

Chief Executive Officer Power to give the owner of the regulated pool a

show cause notice.

Section 245E(2)

Building Act 1975

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NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to consider any representations made under

the show cause notice and give a further notice (a

revocation notice) to the owner, revoking the

decision previously given.

Section 245E(3)

Building Act 1975

Chief Executive Officer Power to give the QBCC commissioner the notices

required by sections 245F(1) and 245F(2).

Section 245F

Building Act 1975

Chief Executive Officer Power to make copy of exemption available for

inspection and purchase as if it were a document

that chapter 9, part 6 of SPA must be available for

inspection and purchase.

Section 245FA(2)

Building Act 1975

Chief Executive Officer Power, as owner of adjoining land, to agree with

the pool owner as to the construction of a pool

barrier along the common boundary.

Section 245XB(2)

Building Act 1975

Chief Executive Officer Power, as owner of adjoining land, to agree with

the pool owner as to the alteration or replacement

of a dividing fence that is used, or proposed to be

used, as a pool barrier along the common boundary.

Section 245XD(2)

Building Act 1975

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NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as owner of adjoining land where a pool

barrier is constructed along the common boundary

for a pool on the other land, to:

alter or replace the part of the pool barrier

with the agreement of the pool owner; or

attach a think on the part of the pool barrier

that does not unreasonably or materially

alter or damage the barrier.

Section 245XF(2)

and (3) Building Act

1975

Chief Executive Officer Power, as owner of adjoining land, to grant access

to Council’s land to the owner of the other land to

carry out fencing work.

Section 245XG(1)

Building Act 1975

Chief Executive Officer Power, as owner of adjoining land, where Council

has carried out urgent fencing work under section

245XK of the Building Act and the owner of the

other land is responsible for some or all of the costs

of carrying out the fencing work under section

245XH of the Building Act, to require the owner of

the other land to contribute a share for any

reasonable cost incurred for the fencing work.

Section 245XN(2)

Building Act 1975

Chief Executive Officer Power, as owner of adjoining land, to apply to

QCAT, in the absence of the owner of the other

land, for authorisation to carry out fencing work,

including apportionment of the contributions for the

work.

Section 245XS(1)

Building Act 1975

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NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as owner of adjoining land, where an order

has been made under section 245XS(1) of the

Building Act and the owner of the other land has

since been located, to give a copy of the order to

the owner of the other land and recover the

contribution as stated in the order.

Section 245XS(3)

Building Act 1975

Chief Executive Officer Power, as owner of adjoining land, where the

owner of the other land has carried out fencing

work for a dividing fence forming part of a pool

barrier without authorisation, to apply to QCAT for

an order requiring the owner to rectify the dividing

fence.

Section 245XV(2)

Building Act 1975

Chief Executive Officer Power to inspect a regulated pool for compliance

when a pool safety complaint notice, or section

245I or 245UA notice is received.

Section 246ADA(2)

Building Act 1975

Chief Executive Officer Power to take necessary enforcement action to

ensure the pool complies with the pool safety

standard or fencing standards for the pool.

Section 246ADA(5)

Building Act 1975

Chief Executive Officer Power to cancel pool safety certificate for a

regulated pool.

Section 246AF(2)

Building Act 1975

Chief Executive Officer Power to give the QBCC commissioner notice of

the cancellation of the pool safety certificate for a

regulated pool.

Section 246AF(3)

Building Act 1975

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NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive officer Power to give a show cause notice before

cancelling a pool safety certificate.

Section 246AG(1)

Building Act 1975

Chief Executive Officer Power to consider submissions and decide whether

to cancel a pool safety certificate.

Section 246AG(5)

Building Act 1975

Chief Executive officer Power to give the owner notice of the decision. Section 246AG(6)

Building Act 1975

Chief Executive officer Power to give the owner an information notice

about the decision.

Section 246AG(7)

Building Act 1975

Chief Executive officer Power to appoint or employ a pool safety inspector

to conduct an inspection of a pool in the

circumstances referred to in subsection (1).

Section 246AH

Building Act 1975

Chief Executive officer Power to keep a record of a notice mentioned in

section 246ADA(1) and the results of the

inspection carried out under section 246ADA.

Section 246AIA

Building Act 1975

Chief Executive Officer Power to comply with a request for information

from the QBCC commissioner.

Section 246AIB(2)

Building Act 1975

Chief Executive Officer Power to give the QBCC commissioner notice of

each existing regulated pool in Council’s local

government area of which it has a record.

Section 246AQ

Building Act 1975

Chief Executive Officer Power to give the swimming pool safety advisory

information to the owner of each non-certificate

regulated pool in its local government area.

Section 246ATC

Building Act 1975

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NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to, by gazette notice, designate land as a

transport noise corridor.

Section 246X

Building Act 1975

Chief Executive Officer Power to give a notice (‘enforcement notice’) to the

owner of a building, structure or building work.

Section 248(1)

Building Act 1975

Chief Executive Officer Power to give an enforcement notice to a person

who does not comply with a particular matter in the

Building Act 1975.

Section 248(2)

Building Act 1975

Chief Executive Officer Power to give a person a show cause notice. Section 248(3)

Building Act 1975

Chief Executive Officer Power, as local government, to make a complaint

for an offence against section 245G(1) of the

Building Act 1975.

Section 256(2)(d)

Building Act 1975

Chief Executive Officer Power, as local government, to make a complaint

for an offence against section 245K, 245L or

246AR(2) of the Building Act 1975.

Section 256(2)(e)

Building Act 1975

Chief Executive Officer Power, as local government, to make a complaint

for an offence against section 246AD(2) or

246AJ(4) of the Building Act 1975.

Section 256(2)(f)

Building Act 1975

Chief Executive Officer Power, as local government, to make a complaint

for an offence against section 246AP(2) of the

Building Act 1975.

Section 256(2)(g)

Building Act 1975

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NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as local government, to make a complaint

for an offence against chapter 8, part 4, division 5,

subdivision 2, other than section 246ATH(2) of the

Building Act 1975.

Section 256(2)(h)

Building Act 1975

Chief Executive Officer Power, as local government, to authorise a person

to make a complaint for an offence against chapter

8, part 4, division 5, subdivision 2, other than

section 246ATH(2) of the Building Act 1975.

Section 256(2)(h)

Building Act 1975

Chief Executive Officer Power, as local government, to make a complaint

for an offence against chapter 8, part 5 of the

Building Act 1975.

Section 256(2)(i)

Building Act 1975

Chief Executive Officer Power, as local government, to authorise a person

to make a complaint for an offence against chapter

8, part 5 of the Building Act 1975.

Section 256(2)(i)

Building Act 1975

Chief Executive Officer Power, as local government, to make a complaint

for an offence in the Building Act 1975 other than

an offence listed in section 256(2)(a)-(j) of the

Building Act.

Section 256(2)(k)

Building Act 1975

Chief Executive Officer Power, as local government, to authorise a person

to make a complaint for an offence in the Building

Act 1975 other than an offence listed in section

256(2)(a)-(j) of the Building Act.

Section 256(2)(k)

Building Act 1975

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NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to extend the time for an owner of a

swimming pool to comply with section 235 (where

an extension under section 49H(11)(b) of the Local

Government Act 1936 is still in force.

Section 262

Building Act 1975

39

GOV 03 07/2017

HALL HIRE FEES – ZUMBA CLASSES BIGGENDEN

Responsible Officer: Mark Watt – Acting General Manager Corporate & Community Services Report prepared by: Tracey Wilson – Media/Grants Officer Trisha Hansen – Manager Corporate & Community Services

1 PURPOSE OF REPORT Council has received a request from applicants who are conducting Zumba Classes at the Biggenden Memorial Hall on a weekly basis, for a reduction or waiver of fees for the use of the hall. The business owners are not a registered Not-for-Profit organisation, nor do they reside in the North Burnett Regional Council area. 2 INTRODUCTION/BACKGROUND Fees and charges applicable to the hire of Council facilities are set by Council on an annual basis. Currently, Council’s adopted fees and charges for the use of the Biggenden Memorial Hall are as follows (extract from Fees and Charges): Hirer Type Unit Rate Registered Community Not-For-Profit Organisations 3 hours/Room $ 5.30 Registered Community Not-For-Profit Organisations day/Room $ 16.00 Registered Community Not-For-Profit Organisations day/complex $ 32.00 Local Organisations and individuals - Per Room, including kitchen 3 hours/Room $ 64.00 Local Organisations and individuals - Per Room, per day including kitchen day/Room $ 128.00 Local Organisations and individuals - Entire Complex, per day day/complex $ 288.00 Commercial and other entities - Per Room, including kitchen 3 hours/Room $ 128.75 Commercial and other entities - Per Room, per day including kitchen day/Room $ 209.00 Commercial and other entities - Entire Complex day/complex $ 407.80 Free Meeting Room Use Room Free

The Zumba Classes would fall under the “Commercial and Other Entities” Hirer Type and the relevant fees applicable for the three hour class period would be $128.75. 3 CORPORATE/OPERATIONAL PLAN Theme 5 – Our efficient and effective Council 5.1 Customer focused 5.2 Asset management 5.6 Good governance 4 POLICY IMPLICATIONS This report should be reviewed in consideration with the following Policies: Policy 102 – Grants to Community Organisations; and Policy 113 – Not-for-Profit Community Organisations and In-kind Support. 5 STATUTORY REQUIREMENTS

40

Sections 194 and 195 of the Local Government Regulation 2012 6 FINANCIAL IMPLICATIONS The customer has asked Council to consider either reducing or waiving the fees associated with the hire of the facility. Council charges for the use of its facilities to assist with offsetting the cost of maintenance of the halls. 7 RISK MANAGEMENT Council’s Fees and Charges are adopted on an annual basis. Council Officers apply the fees set out in the Fees and Charges. Should Council decide to diverge from the set adopted Fees and Charges, they would run the risk of setting a precedent for future requests of similar nature. Should Council deicide to charge the full Commercial Fee, they would run the risk of this service ceasing to be provided to the Biggenden Community. 8 CONSULTATION

Discussion with applicant: o The applicant has outline the social benefits of the activities conducted

as part of the Zumba classes – being health and wellbeing and social engagement;

o The applicant has advised that should the hire of the hall be at the full commercial rate ($128.75 per 3 hours), the classes would no longer be viable; and

o The applicant has advised that they currently charge $10 per participant per class, with approximately 20 participants. The cost of the classes currently covers the tutor’s fuel expenses, insurance and licence costs (music etc).

Discussion with the Customer Service Team Discussion with Executive Support 9 OPTIONS FOR COUNCIL TO CONSIDER Consider this report with the following options available:

a) Council provides the use of the hall at the Commercial Fee (3 hours at $128.75); or

b) Council provides the use of the hall at the Local Organisation Fee (3 hours at $64.00); or

c) Council provides the use of the hall at the Not-for-Profit Fee (3 hours at $5.30); or

d) Council provides the use of the hall a no charge. 10 OFFICER’S COMMENTS/CONCLUSION

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Council officers acknowledge that the Zumba Classes provide an opportunity to the local residents, which is currently not provided locally. Council officers also acknowledge the importance of consistency in how Council deals with such requests. Council’s direction is sought on this matter for a resolution. 11 ATTACHMENTS Nil RECOMMENDATION

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