| Delegation | Positions | Legislation |
|---|
Appointed as Authorised Officer in relation to Community Land as a Public Reserve under the Crown Lands Management Act 2016 Appointed as an Authorised Officer to manage community land, operational land, and to fulfil the functions of a Council manager of land under sections 3.22 and 10.6 of the Crown Lands Management Act 2016 and its Regulation. | 1 position | Crown Land Management Act 2016
|
Authorised Officer - Biosecurity Act 2015 The position holder is appointed under section 372 of the Biosecurity Act 2015 as an authorised officer to exercise the functions of an authorised officer in relation to weeds within the local government area. | 16 positions | The Biosecurity Act 2015
|
Authorised Officer - Companion Animals Act 1998 The position holder is appointed as an authorised officer for the purposes of the Companion Animals Act 1998. | 12 positions | The Companion Animals Act 1998
|
Authorised officer - Contaminated Land Management Act 1997 Exercise Council's functions under the Contaminated Land Management Act 1997 and the Contaminated Land Management Regulation 2022. | 10 positions | The Contaminated Land Management Act 1997
The Contaminated Land Management Regulation 2022
|
Authorised officer - Food Act 2003 The position holder is appointed under section 114 of the Food Act 2003 as an authorised officer for the purposes of that Act and Regulation. | 12 positions | The Food Act 2003
|
Authorised Officer - Protection of the Environment Operations Act 1997 The position holder is appointed under section 187(2) of the Protection of the Environment Operations Act 1997 as an authorised officer for the purposes of that Act. | 85 positions | The Protection of the Environment Operations Act 1997
|
Authorised Officer - Public Health Act 2010 The position holder is appointed under section 126 of the Public Health Act 2010 to exercise the powers of an authorised officer under that Act. | 12 positions | The Public Health Act 2010
|
Authorised Officer – Public Spaces (Unattended Property) Act 2021 Appointed as an authorised officer under s44 of the Public Spaces (Unattended Property) Act 2021 to exercise the functions as afforded by s46 and the associated regulations. | 32 positions | The Public Spaces (Unattended Property Act) 2021
|
Authorised officer - Road Transport Act 2013 Appointed as and to exercise the functions of an authorised officer and authorised to exercise all other functions under the Road Transport Act 2013 and regulation. | 22 positions | The Road Transport Act 2013
The Road Transport (General) Regulation 2021
|
Authorised officer - Roads Act 1993 The position holder is appointed as an authorised officer pursuant to section 251 of the Roads Act 1993 to exercise the functions of an authorised officer under the Roads Act 1993 and Regulation. | 77 positions | The Roads Act 1993
The Roads Regulation 2018
|
Authorised Officer - Swimming Pools Act 1992 The position holder is appointed under section 27 of the Swimming Pools Act 1992 to exercise the powers of an authorised officer for the purpose of that Act. | 15 positions | The Swimming Pools Act 1992
|
Authorised person - Library Act 1939 Power to exercise Council's authorities, duties or functions under the Library Act 1939 and the Library Regulation 2018. | 2 positions | The Library Act 1939
The Library Regulation 2018
|
Authorised Person - Local Government Act 1993 The position holder is appointed as an authorised person within the meaning of the Local Government Act, to exercise the functions of an authorised person under that Act, including the serving of penalty notices. | 63 positions | The Local Government Act 1993
|
Authorised person - Rural Fires Act 1997 Exercise the functions of Council as a local authority under the Rural Fires Act 1997. | 22 positions | The Rural Fires Act 1997
|
Authorised Person - Section 9.58 of the Environmental Planning and Assessment Act 1979
The position holder is appointed as an authorised person under clause 2 Schedule 5 of the Environmental Planning Assessment Regulation 2021 for the purpose of section 9.58 of the Environmental Planning and Assessment Act 1979. | 77 positions | The Environmental Planning and Assessment Act 1979 The Environment Planning and Assessment Regulation 2021
|
Authority to enter any premises - section 191 of the Local Government Act 1993 Pursuant to section 191 of the Local Government Act 1993, the position holder is authorised to enter any premises for the purpose of enabling Council to exercise its functions under that Act. | 136 positions | The Local Government Act 1993
|
Authority to enter any premises - section 191A of the Local Government Act 1993 Pursuant to section 191A of the Local Government Act 1993 the position holder is authorised to enter premises to carry out water supply work, sewage work or stormwater water drainage work on or under the premises. | 30 positions | The Local Government Act 1993
|
Authority to lay information in any proceedings for an offence - Section 684 of the Local Government Act 1993 The position holder is appointed under section 684 of the Local Government Act 1993 to lay information in any proceedings for an offence. | 83 positions | The Local Government Act 1993
|
Code of Conduct - Complaints Coordinator Appointed as a Complaints Coordinator or Alternate Complaints Coordinator under the Code of Conduct and Procedures for the Administration of the Code of Conduct. | 4 positions | |
Council's Public Officer Appointed to act as the Public Officer under s342 and undertake functions contained within section 343, of the Local Government Act 1993. | 1 position | The Local Government Act 1993
|
Enforcement Officer - Protection of the Environment Operations Act 1997 The position holder is appointed under section 189A of the Protection of the Environment Operations Act 1997 as an enforcement officer for the purposes of that Act. | 49 positions | The Environment Operations Act 1997
|
Investigation Officer - Environmental Planning and Assessment Act 1979 The position holder is appointed as a Council Investigations Officer pursuant to section 9.14 of the Environmental Planning and Assessment Act 1979 to exercise the functions of an Investigations Officer under that Act. | 76 positions | The Environmental Planning and Assessment Act 1979
|
Investigation Officer - Environmental Planning and Assessment Act 1979 and Building Products (Safety) Act 2017 Appointed as an authorised officer under s74, and to undertake building product investigations under s34, of the Building Products (Safety) Act 2017. | 10 positions | The Building Products (Safety) Act 2017
|
Public Interest Disclosures - Disclosures Coordinator Appointed as a Disclosures Coordinator or Alternate Disclosures Coordinator under the Public Interest Disclosures Act 2022 and as specified in Appendix A of Council's Public Interest Disclosure Reporting Policy. | 5 positions | The Public Interest Disclosures Act 2022
|
Public Interest Disclosures - Disclosures Officer Appointed as a Disclosures Officer under the Public Interest Disclosures Act 2022 and as specified in Appendix A of Council's Public Interest Disclosure Reporting Policy. | 25 positions | The Public Interest Disclosures Act 2022
|
Responsible Accounting Officer Appoint the holder of this authorisation as the responsible accounting officer under Part 9 of the Local Government (General) Regulation 2021 to exercise such functions as specified in that Regulation. | 2 positions | The Local Government (General) Regulation 2021
|
| Delegation | Positions | Legislation |
|---|
Alcohol Free Zones Exercise the functions of Council in relation to the preparation or suspension of, or amendment to, an alcohol-free zone pursuant to Chapter 16, Part 4 of the Local Government Act 1993 or declare any public place (or any part of a public place) in the Council's area to be an alcohol prohibited area for the purposes of section 632A of the Local Government Act 1993. | 3 positions | The Local Government Act 1993
|
Applications for footway dining approval - section 125 of the Roads Act 1993 Determine an application for a footway dining approval pursuant to section 125 of the Roads Act 1993 (NSW) to allow a person who conducts a restaurant adjacent to a footway of a public road (being a public road that is vested in fee simple in Council) to use part of the footway for the purposes of the restaurant. | 2 positions | The Roads Act 1993
|
Authorise erection or maintenance of structure - section 126 of the Roads Act 1993 Authorise the holder of a footway dining approval to erect and maintain structures in, or over any part, of the footway subject to the approval, or at the request and cost of the holder of the approval, erect and maintain any such structure pursuant to section 126 of the Roads Act 1993. | 6 positions | The Roads Act 1993
|
Council's functions - Liquor Act 2007 Exercise the Council's functions under the Liquor Act 2007. | 19 positions | The Liquor Act 2007
|
Delegation under - section 661(1)(b) Heavy Vehicle National Law (NSW) 2013 Authority to exercise functions delegated to Council pursuant to section 661(1)(b) of the Heavy Vehicle National Law (NSW) 2013.
[NOTE: In relation to the issue of permits - see information sheet from the National Heavy Vehicle Regulator (NHVR) dated 28/11/18]
Council to enquire with the National Heavy Vehicle Regulator what functions have been delegated to it and if this includes any functions under Part 4.5 Divisions 1 and 3 of the Heavy Vehicle National Law (NSW) to give exemptions for class 1 or class 3 heavy vehicles. | 5 positions | The Heavy Vehicle National Law (NSW) 2013
|
Designated person - Fines Act 1996 (NSW)
Appointed as the designated person for the purposes of section 24AA of the Fines Act 1996 (NSW), with delegated authority to receiving copies of evidence as designated person under section 24AD(2)(b) and 24AF(1)(d) of the Fines Act 1996, including:
- the reasons for determining that an exception applied in the circumstances to justify not attaching a penalty notice to a vehicle, and;
- any images that show the act or omission constituting the parking offence.
| 3 positions | The Fines Act 1996
|
Development Control Orders - Brothel Closure Orders Exercise the powers of Council as a relevant enforcement authority under Division 9.3 and Schedule 5, of the Environmental Planning and Assessment Act 1979 in relation to development control orders limited to brothel closure orders. | 10 positions | The Environmental Planning and Assessment Act 1979
|
Development Control Orders - Fire Safety Orders and Building Product Rectification Orders Exercise the powers of Council as a relevant enforcement authority under Division 9.3 and Schedule 5, of the Environmental Planning and Assessment Act 1979 in relation to development control orders limited to fire safety orders and building product rectification orders under the Building Products (Safety) Act 2017. | 10 positions | The Environmental Planning and Assessment Act 1979 - Division 9.3 and Schedule 5
The Building Products (Safety) Act 2017
|
Development Control Orders - General Orders Exercise the powers of Council as a relevant enforcement authority under Division 9.3 and Schedule 5, of the Environmental Planning and Assessment Act 1979 in relation to development control orders limited to general orders. | 59 positions | The Environmental Planning and Assessment Act 1979
|
Entering free parking agreements Entering into free parking agreements under section 650 of the Local Government Act 1993. | 2 positions | The Local Government Act 1993
|
Exercise powers under section 22 of the Public Spaces (Unattended Property) Act 2021 Pursuant to section 22 of the Public Spaces (Unattended Property) Act 2021 authorise the person holding this position to exercise the powers under that section. | 9 positions | The Public Spaces (Unattended Property) Act 2021
|
Exercise the powers of an authority Exercise the powers of Council as an authority under the Public Spaces (Unattended Property) Act 2021 and Schedule 2(4) of the Regulations. | 9 positions | The Public Spaces (Unattended Property) Act 2021
The Public Spaces (Unattended Property) Regulation
2022 - Schedule 2(4)
|
Giving of an order pursuant to section 124 of the Local Government Act Exercise the Council's functions pursuant to Chapter 7, Part 2 of the Local Government Act 1993 including (but not limited to) the giving of an Order pursuant to section 124 of that Act. | 57 positions | The Local Government Act 1993 - Chapter 7, Part 2 - section 124
|
Issue of a certificate in relation to any outstanding notices Exercise the functions of Council under section 735A of the Local Government Act 1993 to issue a certificate in relation to any outstanding notices under the Local Government Act 1993. | 2 positions | The Local Government Act 1993
|
Keep register of items taken into possession. Maintain a record of all property that is taken possession of per s33 of The Public Spaces (Unattended Property) Act 2021 and s18 of the Public Spaces (Unattended Property) Act Regulations 2022. | 7 positions | The Public Spaces (Unattended Property) Act 2021 - section 33
The Public Spaces (Unattended Property) Regulation 2022 - section 18
|
Orders - public nuisance Abating a public nuisance or ordering a person responsible for a public nuisance to abate it pursuant to section 125 of the Local Government Act 1993. | 12 positions | The Local Government Act 1993
|
Public road access - public gates and the construction of by-pass around road gates Exercise the functions of Council under Part 9, Division 2 of the Roads Act 1993 to deal with public road access with regard to public gates and the construction of by-pass around road gates. | 3 positions | The Roads Act 1993
|
Register of Premises - Public Health Regulation 2022 Maintain a register of premises in accordance with Public Health Regulation 2022 on which the following are located: s25 cooling water systems, warm-water systems, s31 swimming pools and spas and s43 premises where skin penetration procedures are carried out. | 13 positions | The Public Health Regulation 2022
|
Reports on reasons given under section 24AD - Fines Act 1996 To prepare and publish reports on reasons given under section 24AD(4) of the Fines Act 1996 (NSW) in accordance with the form and time period prescribed by clause 5D of the Fines Regulation 2020 (NSW). | 3 positions | The Fines Act 1996
|
Request to Local Land Services - animals causing a nuisance Make a request to Local Land Services under s100 of the Local Land Regulation 2014 that it carry out such activities as it considers necessary to control animals causing a nuisance. | 6 positions | The Local Land Regulation 2014
|
Review of a decision to issue a Penalty Notice Exercising Council's functions under Division 2A of Part 3 of the Fines Act 1996 to conduct a review of a decision to issue a penalty notice, subject to section 24C(2) that the review must not be conducted by a person involved in making the decision to issue the penalty notice the subject of the review. | 13 positions | The Fines Act 1996
|
Revoke a dangerous or menacing dog declaration Revoke a dangerous or menacing dog declaration pursuant to section 39 of the Companion Animals Act 1998. | 2 positions | The Companion Animals Act 1998
|
Revoke a restricted dog declaration Revoke a restricted dog declaration made as a result of a declaration issued by an authorised officer pursuant to section 58D of the Companion Animals Act 1998. | 2 positions | The Companion Animals Act 1998
|
Road events on public roads Grant permission to a person under section 144 of the Roads Act 1993 to conduct a road event on a public road. | 4 positions | The Roads Act 1993
|
Street Vending Consents Exercise the functions of Council under Part 9, Division 3 of the Roads Act 1993 in respect of street vending consents. | 3 positions | The Roads Act 1993
|
Temporary regulation of traffic Exercise the functions of the roads authority under section 122 of the Roads Act 1993 to prohibit a person from causing any vehicle under the person’s control to pass along a specified local road unless the vehicle is being driven to a destination that cannot be reached except by means of that road.
Note: when exercising the delegation the position holder must have appropriate and current accreditation / qualifications. | 9 positions | The Roads Act 1993
|
Transport for NSW Delegation - Traffic and Parking Matters Exercise and perform on behalf of the Council, all the functions of Transport for NSW (formerly Roads and
Maritime Services) authorised under the Delegations for the Regulation of Traffic dated 31 October 2011 | 3 positions | |
| Delegation | Positions | Legislation |
|---|
Annual contribution to Emergency Services Levy Act 2017 Authorising payment of the annual contribution to Revenue NSW under the Emergency Services Levy Act 2017. | 2 positions | The State Emergency Service Act 1989
|
Application Fee waiver or refund due to Council error or significant failure in customer service
The position holder listed in the table below has the authority to waive or refund full or partial fees, up to the specified financial limit outlined below, for a pre-lodgement, development application, construction certificate, complying development certificate, or modification. Application of this delegation is limited in cases of Council error or a significant failure in customer service and is not applicable when Council is the landowner of the subject property or for any application or modification related to such property.
|
Position Name
|
Financial Limit
|
|
Manager Development and Building
|
To the maximum allowable fee levied for a 'Modification (Minor error, mis-description or miscalculation)' as listed in Council's approved Schedule of Fees and Charges at the time the transaction (waiver or refund) is processed.
|
|
Director Environment and Planning
|
$10,000.00
|
| 2 positions | |
Application for refund - sections 4.55, 7.11 and 7.12, Environmental Planning and Assessment Act 1979 Exercise Council's functions under section 4.55 to amend a development consent to vary monetary contributions payable under section 7.11 or section 7.12 of the Environmental Planning and Assessment Act 1979 and authorise any refund if such a refund is available at law to the applicant. | 3 positions | The Environmental Planning and Assessment Act
|
Applications to review rate categorisation Exercise the powers of Council in respect of an application to change a category of rateable land under section 525 of the Local Government Act 1993. | 2 positions | The Local Government Act 1993
|
Approve refund of Security Bonds and Deposits Draw on, release or authorise the refund of security fund deposits provided that the purpose for which the deposit is held has been satisfied or the deposit is no longer required. | 2 positions | |
Authorised signatory to declarations Exercise the power of the General Manager under section 335 of the Local Government Act 1993 to determine payments owing for State and Commonwealth taxes including fringe benefits tax, GST, and payroll tax and sign such forms and declarations as may be required in relation to such matters on behalf of Council. | 2 positions | The Local Government Act 1993
|
Categorisation of land Exercise the powers of Council under sections 514 and 520 of the Local Government Act 1993 in respect of the categorisation of land for rating purposes. | 3 positions | The Local Government Act 1993
|
Cheques and Electronic Transfer of funds - Signatory / Counter Signatory Authority to sign cheques and authorise EFT payments as signatory and/or counter signatory in accordance with all Council resolutions, decisions, and policies. | 8 positions | |
Disposal of Council infrastructure, property, plant and equipment (IPPE) assets Delegate the power to dispose Council infrastructure, property, plant and equipment (IPPE) with a fair value of less than $100,000. | 8 positions | |
Disposal of Council infrastructure, property, plant and equipment (IPPE) assets Delegate the power to dispose Council infrastructure, property, plant and equipment (IPPE) with a fair value of more than $100,000 and up to a maximum value of $250,000. | 4 positions | |
Drawing of any monies paid as security Exercise the functions of the General Manager under section 335 of the Local Government Act 1993 to authorise the drawing of any monies from securities paid, either by way of a cash deposit, bank guarantee or other form of security, by an applicant pursuant to a condition of development consent provided the amount is within the position holder's expenditure delegations. | 10 positions | The Local Government Act 1993
|
Expenditure - operating budget up to $10,000 The position holder is authorised to incur expenditure up to $10,000 provided the expenditure:
- is incurred in relation to a matter of which the delegate holds an appropriate delegation; and
- has been identified in Council's Annual Operational Plan and associated budget; and
- is incurred in accordance with Council's Sustainable Procurement Policy; and
- does not involve the acceptance of a tender which is required under the Local Government Act 1993 to be invited and accepted only by the Council; and
- does not require a resolution of the Council under the Local Government Act 1993 and associated Regulation. | 20 positions | The Local Government Act 1993
The Local Government (General) Regulation 2021
|
Expenditure - operating budget up to $250,000 The position holder is authorised to incur expenditure up to $250,000 provided the expenditure:
- is incurred in relation to a matter of which the delegate holds an appropriate delegation; and
- has been identified in Council's Annual Operational Plan and associated budget; and
- is incurred in accordance with Council's Sustainable Procurement Policy; and
- does not involve the acceptance of a tender which is required under the Local Government Act 1993 to be invited and accepted only by the Council; and
- does not require a resolution of the Council under the Local Government Act 1993 and associated Regulation. | 18 positions | The Local Government Act 1993
The Local Government (General) Regulation 2021
|
Expenditure - operating budget up to $50,000 The position holder is authorised to incur expenditure up to $50,000 provided the expenditure:
- is incurred in relation to a matter of which the delegate holds an appropriate delegation; and
- has been identified in Council's Annual Operational Plan and associated budget; and
- is incurred in accordance with Council's Sustainable Procurement Policy; and
- does not involve the acceptance of a tender which is required under the Local Government Act 1993 to be invited and accepted only by the Council; and
- does not require a resolution of the Council under the Local Government Act 1993 and associated Regulation. | 53 positions | The Local Government Act 1993
The Local Government (General) Regulation 2021
|
Expenditure - operating budget up to $500,000 The position holder is authorised to incur expenditure up to $500,000 provided the expenditure:
- is incurred in relation to a matter of which the delegate holds an appropriate delegation; and
- has been identified in Council's Annual Operational Plan and associated budget; and
- is incurred in accordance with Council's Sustainable Procurement Policy; and
- does not involve the acceptance of a tender which is required under the Local Government Act 1993 to be invited and accepted only by the Council; and
- does not require a resolution of the Council under the Local Government Act 1993 and associated Regulation. | 5 positions | The Local Government Act 1993
The Local Government (General) Regulation 2021
|
Extension of time for preparation and auditing of financial reports Exercise the function of the Council under section 416 of the Local Government Act 1993 in relation to an extension of time for the preparation of Council's annual financial report. | 2 positions | The Local Government Act 1993
|
Funding acquittals Authority to forward funding acquittals and project reports to funding bodies. | 9 positions | |
Goods/Services Receipting for the Waste Related Contract(s)
The position holder listed in the table below is authorised to approve goods receipting invoices where approval has already been granted for the good/service at the purchase requisition stage, up to the financial limit listed in the table. This delegation is only applicable to goods receipting in relation to the George River Council Waste Collection and/or Processing/Disposal Contract(s). For goods receipting against any other contract, the positions standard delegations apply:
|
Position Name
|
Position Number
|
Financial Limit
|
|
Team Leader Waste
|
500048
|
$200,000
|
|
Coordinator Environmental Sustainability & Waste
|
500045
|
$800,000
|
|
Manager Environment, Health and Regulatory Services
|
500038
|
$1,400,000
|
|
Director Environment and Planning
|
500000
|
$1,400,000
|
| 4 positions | |
Grant applications Exercise the function of the General Manager under section 335 of the Local Government Act 1993 to grant the consent or approval of the Council to the making of a grant funding application by a person to another person or body (including but not limited to a governmental body) provided that the grant funding does not relate to the following land, building or place:- Ken Rosewall Tennis Centre - Parkside Drive Tennis Centre - Jubliee Stadium - Blackshaw Gould Community Pavilion - Norm O'Neill Cricket Training Centre - Beverley Park Golf Course - Hurstville Golf Course (including the club house) - Hurstville Aquatic Leisure Centre - Sans Souci Leisure Centre - Carss Park Aquatic Facility (once built) - Booth Saunders Pavilion - Olds Park Sports Facility (once built) - Harold Fraser Sporting and Community Pavilion (Level 1) - Carss Park Cottage, 80 Carwar Avenue, Carss Park NSW 2221 - Carss Park restaurant and kiosk, 107 Carwar Avenue Carss Park NSW 2221 - The Kyle Bay, Merriman Reserve, 12 Merriman Street, Kyle Bay NSW 2221 - Olds Park Sports Club, 1 Olds Park Lane, Penshurst NSW 2222 - 247 Princes Hwy, Carlton NSW 2218 - Former Hurstville Baptist Church, 4-6 Dora St, Hurstville NSW 2220 unless,
a) the grant funding is not more than $30,000, or
b) the grant funding will be applied towards a project endorsed or approved by resolution of the Council. | 11 positions | |
Grant concession to avoid hardship - rates Exercise the powers of Council to issue orders under section 577 of the Local Government Act 1993. | 2 positions | The Local Government Act 1993
|
Investment of Council money Authority to invest Council's money that is not, for the time being, required by the Council for another purpose pursuant to section 625 of the Local Government Act 1993, in accordance with Council's Investment Policy and in a form of investment notified by order of the Minister published in the NSW Government Gazette. | 4 positions | The Local Government Act 1993
|
Issue a certificate in regard to rates and charges Exercise the powers of Council to issue certificates under section 603 of the Local Government Act 1993. | 3 positions | The Local Government Act 1993
|
Objection to valuations under - Valuation of Land Act 1916 Exercise the function of the Council under Sections 31-35 of the Valuation of Land Act 1916. | 2 positions | The Valuation of Land Act 1916
|
Rate adjustments Exercise the powers of Council to adjust rates under section 527 of the Local Government Act 1993. | 2 positions | The Local Government Act 1993
|
Record of rates and charges Exercise the functions required by council under section 602 of the Local Government Act 1993. | 11 positions | The Local Government Act 1993
|
Reduction in a rate or charge for an eligible pensioner Exercise the function of the Council under section 575 of the Local Government Act 1993 to reduce rates for eligible pensioners. | 5 positions | The Local Government Act 1993
|
Refund of fees - Planning Certificates, Building Certificates Authority to refund the prescribed fee for a planning certificate under sections 10.7(2) and 10.7(5) of the Environmental Planning and Assessment Act 1979 or the fee which accompanies a building certificate, where the application for the certificate is withdrawn and a refund is available at law to the applicant. | 5 positions | The Environmental Planning and Assessment Act 1979
|
Refund of fees paid by an applicant - Environmental Planning and Assessment Regulation Authority to refund fees paid by an applicant in respect of a development application, construction certificate, complying development certificate or modification of consent in accordance with clauses 157, 253 and 254 of the Environmental Planning and Assessment Regulation 2021, clause 11 of the Environmental Planning and Assessment (Development Certification and Fire Safety Regulation 2021. | 6 positions | The Environment Planning and Assessment Regulation 2021 The Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
|
Refund of fees paid in respect of a section 138 application - Roads Act 1993 Authorise a refund of fees paid by an applicant in respect of an application pursuant to section 138 of the Roads Act 1993 (NSW). | 32 positions | The Roads Act 1993
|
Refund of fees paid in respect of section 68 activities Authority to refund fees paid in respect of an application to carry out an activity specified in section 68 of the Local Government Act 1993 where that application has been withdrawn, in accordance with Council policy and section 88 of that Act. | 15 positions | Local Government Act 1993
|
Refund of overpaid Rates, Annual Charges, and Sundry Debtors
Authority to approve the refund of an Erroneous payment or over payment of Rates, Annual Charges (Stormwater/Waste), and Sundry Debtors. Approval is subject to the delegate ensuring that appropriate evidence is obtained and documented in Councils Technology One system against the Rate or Debtor account and that any other necessary requirements, as set out in Council’s Payment Handling and Cash Collection Policy, are followed. The position holder listed in the table below has the authority to refund full or partial amounts, up to the specified financial limit outlined below:
|
Position Name
|
Financial Limit
|
|
Head of Rates and Revenue
|
up to $5,000
|
|
Chief Financial Officer
|
up to $10,000
|
| Director Business and Corporate Services |
up to $50,000 |
*Note: This delegation does not extend to the writing-off of legitimately levied rates, charges, or other debts. | 3 positions | |
Refunds of allocated fees and charges to the value of $500 Authority to approve the refund of allocated fees and charges up to the value of $500 where reallocation of a booking is not appropriate and cancellation is required.
Note: Approval is subject to the following conditions:
a) The delegate must ensure that appropriate evidence is obtained and documented, and that any other necessary requirements as set out in Council’s Payment Handling and Cash Collection Policy are followed. | 4 positions | |
Release of any payment of security Exercise the functions of the General Manager under section 335 of the Local Government Act 1993 to authorise the release of a cash deposit, bank guarantee or other form of security paid or given by an applicant pursuant to a condition of development consent provided the amount is within the position holder's expenditure delegations. | 12 positions | The Local Government Act 1993
|
Review of declaration of category of land Exercise the function of the Council under section 523 of the Local Government Act 1993 to review a declaration that a parcel of land is within a particular category. | 2 positions | The Local Government Act 1993
|
To incur expenditure with Council Purchase Card to the approved monthly limit and transaction limit To incur expenditure using the Georges River Council Purchase Card in accordance with the approved monthly limit and transaction limit specified in the individual Cardholder Statement of Responsibility, for business purposes only. This delegation applies only to staff approved by the relevant Director and General Manager to hold a purchase card. All transactions must comply with the Purchase Card Policy. | 61 positions | |
Voiding of allocated fees and charges Authority to approve the voiding of allocated fees and charges that, in the opinion of the delegate, are not legitimately due to Council.
Note: Approval is subject to the following conditions:
a) the delegate must ensure that appropriate evidence is obtained and documented, and that any other necessary requirements as set out in Council's Payment Handling and Cash Collection Policy are followed. | 40 positions | |
| Delegation | Positions | Legislation |
|---|
Finalise Workers Compensation Claims Exercise the function of the General Manager under section 335 of the Local Government Act to determine and finalise all workers compensation claims lodged by Council staff in consultation, where appropriate, with legal/professional advice, and subject to the requirement that any financial settlement, i.e. termination or lump sum, require approval. | 3 positions | The Local Government Act 1993
|
Functions of appointed position Exercise the functions of the Council position to which the position holder is appointed in accordance with the job description for that position, Local Government Award, management direction, Council strategic plans, policies and procedures, resolutions, lawful decisions and relevant legislation. | 281 positions | |
Personnel Matters - Chief People Officer Exercise the functions of the General Manager under section 335 of the Local Government Act 1993 to:
- Implement Council's Recruitment Policy, including advertising for positions and appointing person to those positions
- Appoint and terminate temporary and casual staff
- Determine staff permanency following the completion of the probation period
- With the concurrence of the General Manager, interpret and make amendments to conditions of employment
- Implement Awards, Enterprise, Industrial and Council Agreements and the like
- Appraise staff performance
- Determine change of hours arrangements for staff
- Determine variations to span of hours by work groups and individuals
- Determine requests for overtime and time in lieu
- Sign and issue disciplinary letters in accordance with the Provisions of the Local Government (State) Award
- Carry out disciplinary actions including suspension and termination of employment in accordance with the Local Government (State) Award in consultation with the General Manager and relevant Director.
- Represent Council in industrial matters, including at the Industrial Relations Commission and Anti-Discrimination Board in consultation with the General Manager.
- Implement appropriate remuneration levels and the allocation of positions in accordance with Council’s job evaluation system within Council's salary system
- Apply adjustments to remuneration following variations to Awards as approved by the Industrial Commission and as provided under employment contracts and agreements and the Statutory and Other Officers Remuneration Act 1975
- Determine leave applications
- Authorise the payment of gratuities and supplementary superannuation to eligible members of staff in accordance with Council Policy
- Authorise and make payment for untaken sick leave
- Direct staff to take leave
- Determine higher grade pay for staff
- Issue references on Council letterhead | 2 positions | The Statutory and Other Officers Remuneration Act 1975
|
Personnel Matters – Directors Exercise the functions of the General Manager under section 335 of the Local Government Act 1993 to:
- Authorise staff requisition forms
- Determine staff permanency following the completion of the probation period
- Appraise staff performance
- Determine change of hours arrangements for staff
- Determine variations to span of hours by work groups and individuals in consultation with the Chief People Officer and General Manager
- Determine requests for overtime and time in lieu
- Represent Council, with the Chief People Officer or Head of People and Performance, in industrial matters, including at the Industrial Relations Commission and Anti-Discrimination Board
- Determine leave applications
- Direct staff to take leave
- Determine higher grade pay for staff
- Authorise timesheets for payment
- Authorise staff attendance at conferences, seminars, meetings, courses and the like and the payment of all associated expenses in accordance with Council’s Learning and Development Policy and process
- Direct staff in respect of day to day matters.
Note: this delegation applies to staff within the position holder's area of responsibility only. | 5 positions | The Local Government Act 1993
|
Personnel Matters – Head of People and Performance Exercise the functions of the General Manager under section 335 of the Local Government Act 1993 to:
- Implement Council’s Recruitment Policy, including advertising for positions and appointing person to those positions
- Appoint and terminate temporary and casual staff
- Determine staff permanency following the completion of the probation period
- Determine change of hours arrangements for staff
- Determine variations to span of hours by work groups and individuals
- Sign and issue disciplinary letters in accordance with the provisions of the Local Government (State) Award
- Carry out disciplinary actions including suspension and termination of employment in accordance with the Local Government (State) Award in consultation with the General Manager and relevant Director
- Represent Council in industrial matters, including at the Industrial Relations Commission and Anti Discrimination Board in consultation with the General Manager
- Determining higher grade pay for staff
- Issue references on Council letterhead | 2 positions | The Local Government Act 1993
|
Personnel Matters - Managers Exercise the functions of the General Manager under s335 of the Local Government Act 1993 to:
- Recommend staff permanency following the completion of the probation period
- Appraise staff performance
- Recommend change of hours arrangements for staff
- Recommend variations to span of hours by work groups and individuals
- Determine requests for overtime and time in lieu
- Carry out disciplinary actions (other than termination of employment) in consultation with the appropriate People and Culture Business Partner, Head of People and Performance, Chief People Officer and Director
- Represent Council, with the Chief People Officer or Head of People and Performance, in industrial matters, including at the Industrial Relations Commission and Anti-Discrimination Board
- Recommend remuneration levels and the allocation of positions in accordance with Council’s job evaluation system and salary system
- Determine leave applications except for leave without pay, at double pay or special leave.
- Direct staff to take leave
- Recommend higher grade pay for staff
- Authorise timesheets for payment
- Direct staff in respect of day to day matters within their business unit | 17 positions | The Local Government Act 1993
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Personnel Matters - People and Culture Business Partners Exercise the functions of the General Manager under section 335 of the Local Government Act 1993 to:
- Implement Council's Recruitment Policy, including advertising for positions and recommending appointment of persons to those positions.
- Carry out disciplinary actions including suspension and termination of employment in consultation with the Chief People Officer
- Implement Award, Enterprise, Industrial and Council Agreements and the like
- Represent Council in industrial matters, including at the Industrial Relations Commission, Workers Compensation Commission and Anti-Discrimination Board
- Recommend remuneration levels and the allocation of positions in accordance with Council’s job evaluation system and salary system
- Apply adjustments to remuneration following variations to Awards as approved by the Industrial Commission and as provided under employment contracts and agreements | 7 positions | The Local Government Act 1993
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Personnel Matters - Staff with supervisory responsibilities Exercise the functions of the General Manager under section 335 of the Local Government Act 1993 to:
- Supervise staff including performance review
- Appraise staff performance
- Recommend change of hours arrangements for staff
- Recommend variations to span of hours by work groups and individuals
- Recommend requests for overtime and time in lieu
- Represent Council, with the Chief People Officer or Head of People and Performance, in industrial matters, including at the Industrial Relations Commission and Anti-Discrimination Board
- Recommend remuneration levels and the allocation of positions in accordance with Council’s job evaluation system and salary system
- Recommend higher grade pay for staff
- Determine leave applications except for leave without pay, at double pay or special leave.
- Recommend staff to take leave
- Authorise timesheets for payment
- Direct staff in respect of day to day matters within in their section | 97 positions | The Local Government Act 1993
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| Delegation | Positions | Legislation |
|---|
Appeals under s38F of the Roads Act 1993 Authority to defend, resolve or settle an appeal which is commenced under section 38F of the Roads Act 1993 | 6 positions | The Roads Act 1993
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Appear as a Witness or Delegate Appear as a witness or delegate of Council in any court or forum. | 119 positions | |
Authority to commence, carry on, settle or discontinue legal proceedings Exercise the functions of Council to commence, carry on, settle, or discontinue legal proceedings (whether civil or criminal) in any Court or Tribunal of competent jurisdiction on behalf of Council including, without limitation, instructing lawyers to act for Council in such proceedings provided that prior to commencing, settling or discontinuing such proceedings the delegate consults with either the General Manager, the General Counsel or the relevant director. | 9 positions | |
Authority to commence, carry on, settle or discontinue legal proceedings - without consultation Exercise the functions of Council to commence, carry on, settle or discontinue legal proceedings (whether civil or criminal) in any Court or Tribunal of competent jurisdiction on behalf of Council including, without limitation, instructing lawyers to act for Council in such proceedings. | 5 positions | |
Authority to represent Council - Local Court Proceedings The position holder is authorised to institute and / or represent and carry on proceedings in a local court which the Council is authorised to institute and carry on under the Local Government Act 1993 or any other Act. | 20 positions | The Local Government Act 1993 & any other Act
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Commence, carry on and resolve proceedings to remedy a breach of Section 673 of Local Government Act 1993 Exercise the functions of Council under section 673 of the Local Government Act 1993 to commence, carry on and resolve such proceedings as may be appropriate to remedy or restrain a breach of the Local Government Act including, without limitation, instructing Council's lawyers in any such proceedings. | 4 positions | The Local Government Act 1993
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Court Proceedings - Swimming Pools Act 1992 Exercise the function of Council to bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of the Swimming Pools Act 1992 and to carry on, settle or discontinue such proceedings including, without limitation, instructing Council's lawyers to act for Council in such proceedings. | 16 positions | The Swimming Pools Act 1992
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Court Proceedings - Valuation of Land Act 1916 Exercise the functions of Council to commence, carry on, settle, or discontinue proceedings under section 37 of the Valuation of Land Act 1916 including, without limitation, instructing Council's lawyers to act for Council in such proceedings. | 3 positions | The Valuation of Land Act 1916
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Reach agreement on behalf of Council - Land and Environment Court Exercise the functions of Council to defend and/or resolve proceedings commenced in the jurisdiction of the Land and Environment Court including the authority to negotiate, conciliate, and reach agreement on behalf of the Council in a conciliation conference in Class 1, 2 or 3 proceedings under Division 4, section 34 of the Land and Environment Court Act 1979. | 16 positions | The Land and Environment Court Act 1979
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Recovery of costs - section 197 Local Government Act 1993 Authority to commence, prosecute, settle or resolve proceedings for the recovery of costs pursuant to section 197 of the Local Government Act 1993. | 5 positions | The Local Government Act 1993
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Recovery of Costs - sections 35 & 39 of the Contaminated Land Management Act 1997 Exercise the functions of council under sections 35, 37, 39 and 41 of the Contaminated Land Management Act 1997 to recover costs incurred by Council in carrying out the requirements of an order made by the Environment Protection Authority under section 30 of the Contaminated Land Management Act 1997. | 4 positions | The Contaminated Land Management Act 1997
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Recovery of costs of destroying impounded animal - the Public Spaces (Unattended Property) Act 2021 Authority to commence, prosecute, resolve or settle proceedings for the recovery of the costs of destroying an animal and disposing of its carcass under section 55 4 (b) of the Public Spaces (Unattended Property) Act 2021 | 5 positions | The Public Spaces (Unattended Property Act) 2021
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Represent the Council - bankruptcy or winding up proceedings Exercise the functions of the General Manager under section 688 of the Local Government Act 1993 to represent Council and act on its behalf in any bankruptcy or winding up proceedings of a person against whom Council has any claim or demand. | 6 positions | The Local Government Act 1993
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Seek a closure order for a brothel or specified related sex service Exercise the functions of Council under section 17 of the Restricted Premises Act 1943 to seek an order from the Land and Environment Court that the use of premises for a brothel or specified related sex services cease including instructing Council's solicitors. | 6 positions | The Restricted Premises Act 1943
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Seek a utilities order Exercise the functions of Council under clause 35 of Schedule 5 of the Environmental Planning and Assessment Act 1979 to seek a utilities order from the Land and Environment Court or the Local Court including instructing Council's lawyers. | 10 positions | The Environmental Planning and Assessment Act 1979
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Settlement of Claims - not exceeding $100,000 Authority to settle claims (including making or accepting an offer of compromise) and any associated legal proceedings brought by or against Council and execute agreements, deeds and other documents provided the amount of the claim to Council does not exceed $100,000 and where the delegate has consulted with the General Manager. | 5 positions | |
Signing of Contracts, Deeds and Agreements not requiring the Council Seal Authority to sign any contract, deed, or other legally binding arrangement (which is not of a type dealt with by another delegation within this register) in circumstances where:
(a) the total value of the contract, deed or arrangement, including options, is less than $250,000 (GST inclusive); and
(b) the Council's seal is not to be affixed; and
(c) a resolution of the Council is not required to authorise entry into the contract, deed or arrangement, and
(d) it is within the position holder's expenditure delegation and the area for which they are responsible. | 80 positions | |
| Delegation | Positions | Legislation |
|---|
Amendment or revocation of a voluntary planning agreement with a developer Exercise the functions of Council to negotiate and enter into an amendment or revocation of a voluntary planning agreement pursuant to Part 7 subdivision 2 of the Environmental Planning and Assessment Act 1979 subject to the following limitation:
(a) the amendment or revocation does not vary any obligation of the parties under the voluntary planning agreement to acquire or exchange land or other property. | 3 positions | The Environmental Planning and Assessment Act 1979
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Application for a construction certificate, compliance certificate, occupation certificate and subdivision certificate Exercise the functions of the Council under Part 6 of the Environmental Planning and Assessment Act 1979, to determine an application for a construction certificate, compliance certificate, occupation certificate or subdivision certificate or subdivision works certificate under those parts as the case may be, subject to the following limitation:
(a) listed certificates are only to be issued by an officer who is a registered certifier with NSW Fair Trading with appropriate accreditation.
(b) Holders of Senior Building Surveyor & Building Surveyor roles are not to issue final documents prior to peer review being undertaken by Coordinator Building Assessment. | 9 positions | The Environmental Planning and Assessment Act 1979
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Applications to increase the lapsing period for a development consent Exercise the function of Council under section 4.54 of the Environmental Planning and Assessment Act 1979 to determine an application to extend a development consent by up to 1 year. | 8 positions | The Environmental Planning and Assessment Act 1979
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Applications to modify a development consent Exercise the function of Council under section 4.55 of the Environmental Planning and Assessment Act 1979 to determine an application to modify a development consent. | 8 positions | The Environmental Planning and Assessment Act 1979
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Building information certificates Exercise the functions of Council to issue a building information certificate under Division 6.7 of Part 6 of the Environmental Planning and Assessment Act 1979. | 3 positions | The Environmental Planning and Assessment Act 1979
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Bushfire Maps The position holder is authorised to:
(a) request the Commissioner of the NSW Rural Fire Service to designate land (if any) to be bush fire prone land pursuant to section 10.3(1)(a) of the Environmental Planning and Assessment Act; and
(b) record any land designated by the Commissioner of the NSW Rural Fire Service on a map pursuant to section 10.3(1)(b) of the Environmental Planning and Assessment Act subject to approval by Council. | 2 positions | The Environmental Planning and Assessment Act
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Certificate for classification of public land Authority to issue a certificate stating the classification of public land pursuant to section 54 of the Local Government Act 1993. | 5 positions | The Local Government Act 1993
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Complying development certificates Determine applications for complying development certificates, under section 4.28 of the Environmental Planning and Assessment Act 1979 and in accordance with the Environmental Planning and the Assessment Regulation 2021 and the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, subject to the following limitation:
(a) complying development certificates are only to be issued by an officer who is a registered certifier with NSW Fair Trading with the appropriate accreditation.
(b) Holders of Senior Building Surveyor & Building Surveyor roles are not to issue final documents prior to peer review being undertaken by Coordinator Building Assessment. | 7 positions | The Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 The Environmental Planning Assessment Act 1979 The Environment Planning and Assessment Regulation 2021
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Complying with a ministerial direction to make, amend or revoke a development control plan Authority to undertake such steps as may be necessary to enable Council to comply with a direction issued by the Minister to make, amend or revoke a development control plan pursuant to section 3.46 of the Environmental Planning Assessment Act 1979. | 3 positions | The Environmental Planning Assessment Act 1979
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Concurrence of the CEO of the Office of Environment and Heritage - section 7.12, Biodiversity Conservation Act 2016. Authority to seek the concurrence of the Chief Executive Officer of the Office of Environment and Heritage if required under section 7.12 of the Biodiversity Conservation Act 2016. | 10 positions | The Biodiversity Conservation Act 2016
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Coordinator Development Assessments Determination - Development Applications Exercise the function under section 4.16 of the Environmental Planning and Assessment Act 1979 to determine applications for development consent subject to the following limitations:
(a) the development results in no more than a minor variation of not greater than 7% of a numerical development standard in any applicable environmental planning instrument and the delegate is satisfied that any written clause 4.6 objection satisfies cl4.6(4) of the relevant local environmental plan; and
(b) the application does not comply with a numerical control specified in any development control plan and in the opinion of the delegate, the development is compatible with the objectives of the provisions of the environmental planning instrument and meets the objectives of the development control plan; and
(c) objections received in response to any notification of the development application cannot be resolved due to the circumstances of the site or, in the opinion of the delegate, the submission should be given little or no weight; and
(d) the development is not one which has been specified by the Minister as requiring determination by the local planning panel. | 5 positions | The Environmental Planning and Assessment Act 1979
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Council’s functions - Community Land Development Act 1989 Exercise the Council’s functions under the Community Land Development Act 1989 including (but not limited to) issuing certificates for community title and precinct subdivision, approval of community management schemes and approval of neighbourhood management schemes. | 9 positions | The Community Land Development Act 1989
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Council’s functions - Community Land Management Act 1989. Exercise the Council’s functions under the Community Land Management Act 1989. | 29 positions | The Community Land Management Act 1989
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Creation and release of easements, profits à prendre and restrictions on use of land by plans Authority to sign a s88B instrument on behalf of Council, except the ‘surrender of any land’ owned by the Council. | 1 position | |
Determine an application to amend, extend or renew approvals granted under section 68 Exercise the functions of Council under sections 106 and 107 of the Local Government Act 1993 to amend, extend and renew an approval granted under section 68 of the Local Government Act 1993. | 51 positions | The Local Government Act 1993
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Determine an application to carry out a section 68 activity Authority to determine an application to carry out an activity pursuant to section 68 of the Local Government Act 1993. | 56 positions | The Local Government Act 1993
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Director and Manager Development and Building Determination - Development Applications Exercise the power under section 4.16 of the Environmental Planning and Assessment Act 1979 to determine applications for development consent subject to the following limitations:
(a) the development results in a variation of not more than 10% of any development standard in any applicable environmental planning instrument and any written clause 4.6 objection satisfies cl4.6(4) of the relevant local environmental plan; and
(b) the delegate is satisfied that the concerns of any objectors identified in written objections received by council have been considered by the assessment officer in the assessment report; and
(c) the development is not one which has been specified by the Minister as requiring determination by the local planning panel. | 2 positions | The Environmental Planning and Assessment Act 1979
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Exercise functions of Council under Part 5 of the Environmental Planning and Assessment Act. Exercise the functions of Council as the determining authority for an activity under Subdivision 3 of Division 5.1 of Part 5 of the Environmental Planning and Assessment Act 1979. | 17 positions | The Environmental Planning and Assessment Act 1979
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Modify a development consent granted by the Land & Environment Court Exercise the function of Council under section 4.56 of the Environmental Planning and Assessment Act 1979 to determine an application to modify a development consent granted by the Land and Environment Court. | 8 positions | The Environmental Planning and Assessment Act 1979
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Planning Certificates Exercise the functions of Council to issue a planning certificate under section 10.7 of the Environmental Planning and Assessment Act 1979. | 12 positions | The Environmental Planning and Assessment Act 1979
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Preparing a development control plan Exercise the functions of Council to draft, advertise and prepare a development control plan under section 3.43 of the Environmental Planning and Assessment Act 1979 and Part 2 Division 2 of the Environmental Planning and Assessment Regulation 2021, other than the function to approve or amend a development control plan under clauses 14, 15 and 16 of the Environmental Planning and Assessment Regulation 2021. | 3 positions | The Environmental Planning and Assessment Act 1979 The Environment Planning and Assessment Regulation 2021
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Preparing local environmental plans Exercise the functions of Council to prepare a planning proposal in accordance with section 3.33 of the Environmental Planning and Assessment Act 1979 and consult with Department of Planning and Environment to the extent that may be necessary for the purposes of preparing the planning proposal. | 4 positions | The Environmental Planning and Assessment Act 1979
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Principal Planner Determination - Development Applications Exercise the function under section 4.16 of the Environmental Planning and Assessment Act 1979 to determine applications for development consent subject to the following limitations:
(a) the application complies with the development standards in any applicable EPI; and
(b) the application complies with the site width controls in any applicable DCP or EPI; and
(c) the application seeks a variation of a numerical control in any applicable development control plan (other than those controls listed in (b) of this delegation) and, in the opinion of the delegate, the variation from the control is compatible with the objectives of the environmental planning instrument and the development control plan; and
(d) Less than five (5) submissions were received or have been resolved or, in the opinion of delegate, the objections should be given little or no weight; and
(e) if the development is within a heritage conservation area or affects a heritage item, the development is supported by Council's heritage consultant, where referral was required, and
(f) the development is not one which has been specified by the Minister as requiring determination by the local planning panel and regional panel, and
(g) the development application does not seek consent to development for a Torrens title subdivision of more than 5 new lots or community title subdivision. | 8 positions | The Environmental Planning and Assessment Act 1979
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Public notice of interim heritage order - section 28 of the Heritage Act 1977 Cause an interim heritage order to be published in the gazette and otherwise give notice of the making of an interim heritage order in accordance with section 28 of the Heritage Act 1977. | 2 positions | The Heritage Act 1977
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Reject unclear or illegible section 68 applications Exercise the functions of Council under section 85 of the Local Government Act 1993 to reject unclear or illegible applications for an approval under section 68 of the Local Government Act 1993. | 55 positions | The Local Government Act 1993
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Rejection of development applications Authority to reject a development application in accordance with clause 39 of the Environmental Planning and Assessment Regulation 2021. | 12 positions | The Environmental Planning and Assessment Regulation 2021
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Re-notifying or re-exhibiting amendments to development applications Determine whether amendments to development applications are to be re-notified or re-exhibited in accordance with the Environmental Planning and Assessment Act and Council's relevant DCP. | 6 positions | The Environmental Planning and Assessment Act
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Restrictions on use of land and public positive covenants (land not held by prescribed authority) Authority to impose restrictions on the use of land or impose a public positive covenant on any land not vested in Council in accordance with section 88E of the Conveyancing Act 1919.
| 1 position | |
Review a determination of a development application made under delegated authority Determine an application for a review of a determination of a development application made under delegated authority, pursuant to sections 8.2, 8.3, 8.4, 8.5 of the Environmental Planning and Assessment Act 1979 subject to the following limitations:
(a) the written concurrence of the Manager Development and Building, Coordinator, Team Leader or Principal Planner has been obtained prior to the determination and those managers did not make the original determination; and
(b) the delegate must not have made the original determination and must not be subordinate to the delegate who made the original determination. | 8 positions | The Environmental Planning and Assessment Act 1979
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Review a determination of a section 68 application Provided the original determination was made by a delegate of Council who was not a superior of the delegate, exercise the functions of Council under section 100 of the Local Government Act 1993 to review a determination of an application granted under section 68 of the Local Government Act 1993. | 44 positions | The Local Government Act 1993
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Revoke or modify an approval granted under section 68 Exercise the functions of Council under sections 108 and 109 of the Local Government Act 1993 to revoke or modify an approval granted under section 68 of the Local Government Act 1993. | 51 positions | The Local Government Act 1993
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Section 88G Certificates Exercise the functions of Council to issue a certificate under s88G of the Conveyancing Act 1919. | 5 positions | The Conveyancing Act 1919
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Strata certificates Exercise the functions of Council under Part 4 of the Strata Schemes Development Act 2015. | 5 positions | The Strata Schemes Development Act 2015
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Subdivisions - For Torrens, Strata title and Community title Exercise the functions of Council to determine applications for development consent for Torrens title subdivision, strata title subdivision or community title subdivisions, subject to the following limitations:
a) no objections;
b) full compliance with the relevant EPI and DCP relating to subdivisions (except for building line);
c) the site is not located adjoining the river foreshore or foreshore reserves;
d) the site is not located with steep terrain that will require the erection of elevated driveways, or the location of all required parking at the street frontage; and
e) the development is not one which has been specified by the Minister as requiring determination by the local planning panel. | 10 positions | |
Write off outstanding amounts Authority to write off outstanding amounts of contributions or levies imposed on a development consent as a condition of consent, but only where written concurrence from the officer’s supervisor has first been obtained. | 1 position | |
| Delegation | Positions | Legislation |
|---|
Applications - owner's consent Grant owner's consent to the making of an application for an approval under section 68 of the Local Government Act 1993, the lodging of a development application under Part 4 of the Environmental Planning and Assessment Act 1979 or the making of an application for a construction certificate under Part 6 of the Environmental Planning and Assessment Act 1979 provided the application does not apply to the following land, building or place: - Ken Rosewall Tennis Centre
- Parkside Drive Tennis Centre
- Jubliee Stadium - Blackshaw Gould Community Pavilion - Norm O'Neill Cricket Training Centre
- Beverley Park Golf Course
- Hurstville Golf Course (including the club house)
- Hurstville Aquatic Leisure Centre - Sans Souci Leisure Centre
- Carss Park Aquatic Facility (once built) - Booth Saunders Pavilion - Olds Park Sports Facility (once built) - Harold Fraser Sporting and Community Pavilion (Level 1) - Carss Park Cottage, 80 Carwar Avenue, Carss Park NSW 2221
- Carss Park restaurant and kiosk, 107 Carwar Avenue Carss Park NSW 2221 - The Kyle Bay, Merriman Reserve, 12 Merriman Street, Kyle Bay NSW 2221
- Olds Park Sports Club, 1 Olds Park Lane, Penshurst NSW 2222
- 247 Princes Hwy, Carlton NSW 2218 - Former Hurstville Baptist Church, 4-6 Dora St, Hurstville NSW 2220. | 2 positions | The Local Government Act 1993 - Section 68
The Environmental Planning and Assessment Act 1979 - Part 4 & Part 6
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Applications for filming proposals Authority to determine application for filming proposals pursuant to Chapter 7, Part 1, Division 4 of the Local Government Act 1993. | 4 positions | The Local Government Act 1993
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Authorise and Approve Rent Reviews Authorise and approve rent reviews in accordance with the provisions of the relevant lease. | 2 positions | |
Dedicate land Authority to dedicate land left in subdivision effected prior to 1907 as public road by publishing notice in gazette in accordance with section 16 of the Roads Act 1993. | 2 positions | The Roads Act 1993
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Determination of whether Council will contribute and the level of contribution to the cost of Dividing Fence Determine whether Council will make a contribution towards the cost of a dividing fence and if a contribution is to be made, authorise such contribution provided that at least two competitive quotations have been obtained for the carrying out of the work. | 2 positions | |
Grant a licence – short term casual Grant a licence for a short term casual purpose pursuant to section 46(1)(b)(iii) of the Local Government Act 1993. | 5 positions | The Local Government Act 1993
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Lodge Applications with the native Title Tribunal Lodge applications relating to non-claimant native title determinations with the National Native Title Tribunal for all parcels of land where it is considered that Council has an interest and withdraw any application where it is considered that a native title determination is not required. | 2 positions | |
Make an application on behalf of the Council for the valuation of land Authority to make an application on behalf of the Council for the valuation of land within the Council’s local government area, pursuant to section 14A of the Valuation of Land Act 1916. | 5 positions | The Valuation of Land Act 1916
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Make Application to Allow Termination or Vacant Possession to be obtained Make application to the appropriate statutory body to allow termination and vacant possession to be obtained. | 2 positions | |
Management Agreements - grant, enter into, modify, terminate or revoke Authority to grant, enter into, modify, terminate or revoke a management agreement in respect of land vested in or under the control of the Council, including land for which the Council is the Crown land manager under the Crown Land Management Act 2016 (NSW) provided:
(a) the term of the management agreement is not more than 10 years (including any period of renewal), and
(b) the management agreement does not apply to the following land, building or place:
- Ken Rosewall Tennis Centre - Parkside Drive Tennis Centre - Jubliee Stadium - Blackshaw Gould Community Pavilion - Norm O'Neill Cricket Training Centre - Beverley Park Golf Course - Hurstville Golf Course (including the club house) - Hurstville Aquatic Leisure Centre - Sans Souci Leisure Centre - Carss Park Aquatic Facility (once built) - Booth Saunders Pavilion - Olds Park Sports Facility (once built) - Harold Fraser Sporting and Community Pavilion (Level 1) - Carss Park Cottage, 80 Carwar Avenue, Carss Park NSW 2221 - Carss Park restaurant and kiosk, 107 Carwar Avenue Carss Park NSW 2221 - The Kyle Bay, Merriman Reserve, 12 Merriman Street, Kyle Bay NSW 2221 - Olds Park Sports Club, 1 Olds Park Lane, Penshurst NSW 2222 - 247 Princes Hwy, Carlton NSW 2218 - Former Hurstville Baptist Church, 4-6 Dora St, Hurstville NSW 2220. | 2 positions | the Crown Land Management Act 2016
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Managing public land - section 45 of the Local Government Act 1993 Authority to grant, enter into, modify, terminate or revoke a permit, lease or licence for the occupation of land classified as Community Land provided that:
(a) the term of the permit, lease or licence is not more than 10 years (including any period of renewal) and
(b) the permit, lease or licence does not apply to the following land, building or place:
- Ken Rosewall Tennis Centre - Parkside Drive Tennis Centre - Jubliee Stadium - Blackshaw Gould Community Pavilion - Norm O'Neill Cricket Training Centre - Beverley Park Golf Course - Hurstville Golf Course (including the club house) - Hurstville Aquatic Leisure Centre - Sans Souci Leisure Centre - Carss Park Aquatic Facility (once built) - Booth Saunders Pavilion - Olds Park Sports Facility (once built) - Harold Fraser Sporting and Community Pavilion (Level 1) - Carss Park Cottage, 80 Carwar Avenue, Carss Park NSW 2221 - Carss Park restaurant and kiosk, 107 Carwar Avenue Carss Park NSW 2221 - The Kyle Bay, Merriman Reserve, 12 Merriman Street, Kyle Bay NSW 2221 - Olds Park Sports Club, 1 Olds Park Lane, Penshurst NSW 2222 - 247 Princes Hwy, Carlton NSW 2218 - Former Hurstville Baptist Church, 4-6 Dora St, Hurstville NSW 2220. | 6 positions | The Local Government Act 1993
|
Object to compulsory acquisition of land or easement Authority to make a written objection to the Minister in respect of a proposed compulsory acquisition. | 1 position | |
Objection to Valuation and Appeal - Valuation of Land Act 1916
Authority to make an objection to a valuation of the Valuer General in accordance with section 31 and if dissatisfied with the determination of the objection, to appeal in accordance with section 37 of the Valuation of Land Act 1916. | 1 position | Valuation of Land Act 1916
|
Permit, lease or licence on operational land - grant, enter into, modify, terminate or revoke on behalf of Council Authority to grant, enter into, modify, terminate or revoke a permit, lease or licence for the occupation of land classified as operational land provided that:
(a) the term of the permit, lease or licence is not more than 10 years (including any period of renewal) and
(b) the permit, lease or licence does not apply to the following land, building or place:
- Ken Rosewall Tennis Centre - Parkside Drive Tennis Centre - Jubliee Stadium - Blackshaw Gould Community Pavilion - Norm O'Neill Cricket Training Centre - Beverley Park Golf Course - Hurstville Golf Course (including the club house) - Hurstville Aquatic Leisure Centre - Sans Souci Leisure Centre - Carss Park Aquatic Facility (once built) - Booth Saunders Pavilion - Olds Park Sports Facility (once built) - Harold Fraser Sporting and Community Pavilion (Level 1) - Carss Park Cottage, 80 Carwar Avenue, Carss Park NSW 2221 - Carss Park restaurant and kiosk, 107 Carwar Avenue Carss Park NSW 2221 - The Kyle Bay, Merriman Reserve, 12 Merriman Street, Kyle Bay NSW 2221 - Olds Park Sports Club, 1 Olds Park Lane, Penshurst NSW 2222 - 247 Princes Hwy, Carlton NSW 2218 - Former Hurstville Baptist Church, 4-6 Dora St, Hurstville NSW 2220. | 6 positions | |
Represent Council on Owners Corporations Represent Council on owner’s corporations under the Strata Schemes Management Act 2015 and vote on Council’s behalf in meetings of the owner’s corporations. | 2 positions | Strata Schemes Management Act 2015
|
Serve Notice Authority to serve notice of intention to dedicate land as public road on owner pursuant to section 17 of the Roads Act 1993. | 2 positions | The Roads Act 1993
|
Valuation Lists - Valuation of Land Act 1916
Authority to forward to the Valuer-General particulars of any desired alterations to any valuation list under section 50(1), to request a new valuation list under section 51 and request that the Valuer-General make a new valuation of any land in accordance with section 60A. | 1 position | Valuation of Land Act 1916
|
Waive or reduce a hire fee for a community room or hall in accordance with the provisions of the Venue Hire Grants Program Authority to waive or reduce a hire fee for a community room or hall in accordance with the provisions of the Venue Hire Grants Program | 2 positions | |
| Delegation | Positions | Legislation |
|---|
Applications for consent works and structures Determine, in accordance with section 139, applications for consent under section 138 of the Roads Act 1993 to: (a) erect a structure, or carry out a work, in, on or over a public road; (b) dig up or disturb the surface of a public road; (c) remove, or interfere with, a structure, work or tree on a public road; (d) pump water into a public road from any land adjoining a public road; or (e) connect a road (whether public or private) to a classified road.
Note: when exercising the delegation the position holder must have appropriate and current accreditation / qualifications. | 55 positions | The Roads Act 1993
|
Closure of a Council Road Exercise the functions of Council under Division 3 of Part 4 of the Roads Act 1993 to close a council road. | 8 positions | The Roads Act 1993
|
Closure of a non-Council road Exercise the function of Council to make an application under section 34 of the Roads Act 1993 to apply to close a non-council road. | 7 positions | The Roads Act 1993
|
Determine the contribution payable - section 217 of the Roads Act 1993 Exercise the function of Council under section 217 of the Roads Act 1993 to determine (in accordance with Council's adopted schedule of fees and charges) the contribution payable by the owner of land adjoining a public road, towards the construction of kerb, guttering, footways or paving along the side of the public road adjacent to the land. | 29 positions | The Roads Act 1993
|
Directing a landowner affected by a road widening Authority to direct a landowner affected by a road widening order to carry out work as is necessary to restore the land, pursuant to section 26(4) of the Roads Act 1993. | 14 positions | The Roads Act 1993
|
Directing the owner of a private road (other than a classified road) Authority to direct the owner of a private road (other than a classified road) to carry out such work as is necessary to prevent the road from becoming unsafe or unsightly, pursuant to section 86 of the Roads Act 1993. | 33 positions | The Roads Act 1993
|
Environmental Upgrade Works Entering into agreements for environmental upgrade works under Part 2A, Chapter 6 of the Local Government Act 1993. | 2 positions | The Local Government Act 1993
|
Giving a direction - Roads Act 1993 - Part 7 Division 1 Exercise all the powers of Council as specified under Part 7 Division 1 of the Roads Act 1993 other than the power under section 92. | 20 positions | The Roads Act 1993
|
Graffiti Removal Work Authorising the carrying out of graffiti removal work with or without the consent of the owner or occupier of the land in accordance with sections 11 & 12 of the Graffiti Control Act 2008. | 3 positions | The Graffiti Control Act 2008
|
Grant a short-term lease over unused public road Grant a lease of land comprising a public road (other than a Crown road) to the owner or lessee of land adjoining the public road if the road is not being used by the public, pursuant to section 153 of the Roads Act 1993 provided that:
(a) the term of the lease is not more than 5 years and
(b) the lease does not apply to the following land, building or place:
- Ken Rosewall Tennis Centre - Parkside Drive Tennis Centre - Jubliee Stadium - Blackshaw Gould Community Pavilion - Norm O'Neill Cricket Training Centre - Beverley Park Golf Course - Hurstville Golf Course (including the club house) - Hurstville Aquatic Leisure Centre - Sans Souci Leisure Centre - Carss Park Aquatic Facility (once built) - Booth Saunders Pavilion - Olds Park Sports Facility (once built) - Harold Fraser Sporting and Community Pavilion (Level 1) - Carss Park Cottage, 80 Carwar Avenue, Carss Park NSW 2221 - Carss Park restaurant and kiosk, 107 Carwar Avenue Carss Park NSW 2221 - The Kyle Bay, Merriman Reserve, 12 Merriman Street, Kyle Bay NSW 2221 - Olds Park Sports Club, 1 Olds Park Lane, Penshurst NSW 2222 - 247 Princes Hwy, Carlton NSW 2218 - Former Hurstville Baptist Church, 4-6 Dora St, Hurstville NSW 2220. | 3 positions | The Roads Act 1993
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Grant lease above or below the surface of any public road Grant a lease of the air space above, or land below the surface of, any public road (other than a Crown road) that is owned by Council, pursuant to section 149 of the Roads Act 1993 (NSW) provided that:
(a) the term of the lease is not more than 5 years and
(b) the lease does not apply to the following land, building or place:
- Ken Rosewall Tennis Centre - Parkside Drive Tennis Centre - Jubliee Stadium - Blackshaw Gould Community Pavilion - Norm O'Neill Cricket Training Centre - Beverley Park Golf Course - Hurstville Golf Course (including the club house) - Hurstville Aquatic Leisure Centre - Sans Souci Leisure Centre - Carss Park Aquatic Facility (once built) - Booth Saunders Pavilion - Olds Park Sports Facility (once built) - Harold Fraser Sporting and Community Pavilion (Level 1) - Carss Park Cottage, 80 Carwar Avenue, Carss Park NSW 2221 - Carss Park restaurant and kiosk, 107 Carwar Avenue Carss Park NSW 2221 - The Kyle Bay, Merriman Reserve, 12 Merriman Street, Kyle Bay NSW 2221 - Olds Park Sports Club, 1 Olds Park Lane, Penshurst NSW 2222 - 247 Princes Hwy, Carlton NSW 2218 - Former Hurstville Baptist Church, 4-6 Dora St, Hurstville NSW 2220. | 2 positions | The Roads Act 1993
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Granting or withholding consent - Mass or Dimension Authority Granting or withholding consent as the road manager, to the Regulator granting a mass or dimension authority under Part 4.7 of the National Heavy Vehicle Law.
Note: when exercising the delegation, the position holder must have appropriate and current accreditation / qualifications. | 3 positions | The National Heavy Vehicle Law
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Keep a register of Graffiti Removal Work Maintain a register of works carried out under sections 11 & 12 of the Graffiti Control Act 2008. | 2 positions | |
Providing the Commissioner / Minister of State Emergency Service with information Providing the Commissioner of the State Emergency Service or the Minister with such information as may be requested under sections 24C and 24I of the State Emergency Service Act 1989. | 3 positions | The State Emergency Service Act 1989
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Regulate traffic - Roads Act 1993 Exercise the functions of Council under section 115 of the Roads Act 1993 to regulate traffic.
Note: when exercising the delegation, the position holder must have appropriate and current accreditation / qualifications. | 19 positions | The Roads Act 1993
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Temporary public road closures Authority to cause a temporary public road to be closed on behalf of the Council by publishing a notice in the NSW Government Gazette, pursuant to section 39 of the Roads Act 1993.
Note: when exercising the delegation, the position holder must have appropriate and current accreditation / qualifications. | 7 positions | The Roads Act 1993
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