standing committee meetings – policy and planning
TRANSCRIPT
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.
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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.
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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
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ATTACHMENT B
RPD: L14/BON1523 AREA: 87.45 Hectares ADDRESS: 5222 Gayndah-Mount Perry Road, Mount Perry
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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.
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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.
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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
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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
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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
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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 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)).
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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
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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
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REGISTER OF DELEGATIONS
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[Planning Act 2016]
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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)
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COUNCIL TO CEO
[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
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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
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REGISTER OF DELEGATIONS
COUNCIL TO CEO
[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
COUNCIL TO CEO
[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
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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, 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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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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NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND
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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