Welcome to the Delegations Page

Accounting

DelegationPositionsLegislation
Accounting
Act as Council's Responsible Accounting Officer.
2 positions
Accounting
Subject at all times to the overriding authority and direction of the Responsible Accounting Officer, authority to exercise the following day to day functions on behalf of the Responsible Accounting Officer:
a) assist in the establishment and maintenance of a system of budgetary control for the Council in accordance with clause 202 of the Local Government (General) Regulation 2021 ("LG Regulation");
b) assist in the preparation of a budget review statement in accordance with clause 203 of the LG Regulation;
c) assist in the keeping of Council's accounting records and manage the Council's money, assets and liabilities in accordance with clause 207 of the LG Regulation;
d) assist in the preparation of a report to Council on its investments in accordance with clause 212 of the LG Regulation;
e) assist in the preparation of the Council's annual financial reports and the exercise of any other functions of the Council concerning accounting records, financial reports and auditing under Chapter 13 Part 3 of the Local Government Act 1993; and
f) assist in the balancing of Council's ledgers and preparation of a list of ledger balances in accordance with clause 228 of the LG Regulation.
1 positionLocal Government Act 1993

Local Government (General) Regulation 2021

Accounting
Implement the Council’s adopted Investment Policy and invest the Council’s money.
2 positionsLocal Government Act 1993

Accounting
Act as a signatory to Council’s bank accounts and operate the Council’s bank accounts.
2 positions
Accounting
Authority to certify electronic funds transfers and sign cheques drawn on Council’s bank accounts.
3 positions
Accounting
Make applications to Government Departments for funding.
3 positions
Accounting
Sign declarations for Fringe Benefits Tax, GST Business Activities Statements and Payroll Tax on behalf of Council.
2 positions
Certify Payments
Authority to certify electronic funds transfers and sign cheques drawn on Council's bank accounts.
0 positions


Aged Care

DelegationPositionsLegislation
Aged Care Approved Provider
Exercise authority to act on behalf of the Council as a local government authority Approved Provider for the purposes of the Aged Care Act 1997 (Cth) and associated legislation.
1 positionAged Care Act 1977 (Cth)

Assess and document needs of clients
Authority to assess and document the care needs of clients/ patients within the position holder's area of responsibility.
4 positions
Authority to make mandatory reports under the Aged Care Act
Authority to make a mandatory report to the Police and the Commonwealth Dept Health as required under Part 4.3, Division 63-1AA of the Aged Care Act 1997.
4 positionsAged Care Act 1977 (Cth)

Client Agreements
Authority to develop Client Agreements within the position holder's area of responsibility.
4 positions
Comply with Accountability requirements of the Aged Care Act
Comply with Part 4.3, Division 63 of the Aged Care Act, 1993, in relation to Accountability of approved providers.
4 positionsAged Care Act 1977 (Cth)

Deliver personal care and lifestyle needs
Authority to deliver the personal care and lifestyle needs of clients/ patients within the position holder's area of responsibility.
4 positions
Dietary requirements
Authority to assess dietary needs of clients/ patients within the position holder's area of responsibility.
4 positions
Funding applications
Authority to make applications to Government departments for funding.
1 position
Government Grants
Authority to determine and sign applications for, and acceptances of government grants on behalf of Council up to $500,000.
1 position
Medication administration
Authority to administer medication to clients/ patients within the position holder's area of responsibility.
1 position
Medication administration - S8
Authority to administer medication to clients/ patients within the position holder's area of responsibility.
1 position
Privacy Complaints
Authority to receive and investigate privacy complaints.
1 position
Resident and Client complaints
Authority to receive and investigate resident and/or client complaints.
4 positions
Responsibility to report alleged and suspected assaults
Responsible to report to a nominated Manager any alleged or suspected assault as per Part 4.3, Division 63 of the Aged Care Act, 1997.
4 positionsAged Care Act 1977 (Cth)

Subsidy Claims
Authority to lodge and sign nursing home subsidy claims within the position holder's area of responsibility.
4 positions


Appointments and Authorisations

DelegationPositionsLegislation
Act as an Authorised Person
Act as an authorised person within the meaning of the Local Government Act 1993.
37 positionsLocal Government Act 1993

Act as an Authorised Person
Authority to authorise an employee of the council as the appropriate roads authority to remove a vehicle, thing or container and take such other steps as may be necessary to protect the public and facilitate the free flow of traffic.
7 positionsRoad Transport Act  2013

Act as an Authorised Person
Act as an as an authorised officer for the purposes of the Swimming Pools Act 1992 and Regulations.
8 positionsSwimming Pools Act 1992

Act as an Authorised Person
Act as an authorised officer within the meaning of the Companion Animals Act 1998.
9 positionsCompanion Animals Act 1998

Act as an Authorised Person
Act as an authorised officer within the meaning of the Protection of the Environment Operations Act 1997.
10 positionsProtection of the Environment Operations Act 1997

Act as an Authorised Person
Act as an authorised officer within the meaning of the Food Act 2003
3 positionsFood Act 2003

Act as an Authorised Person
Act as an authorised officer within the meaning of the Public Spaces (Unattended Property) Act 2021 and Regulations.
4 positionsPublic Spaces (Unattended Property) Act 2021

Act as an Authorised Person
Act as an authorised officer within the meaning of the Public Health Act 2010.
3 positionsPublic Health Act 2010

Act as an Authorised Person
Act as an authorised inspector and enforcement officer under the Plumbing and Drainage Act 2011.
3 positionsPlumbing and Drainage Act 2011

Act as an Authorised Person
Act as an authorised person within the meaning of the Environmental Planning and Assessment Act 1979 and Regulations.
20 positionsEnvironmental Planning and Assessment Act 1979

Act as an Authorised Person
Act as an authorised person within the meaning of the Road Transport Act 2013 and Regulations.
7 positionsRoad Transport Act 2013

Act as an Authorised Person
Act as an authorised person within the meaning of the Road Rules 2014 legislation.
6 positionsRoad Rules 2014

Act as an Authorised Person
Act as an authorised person within the meaning of the Surveillance Devices Act 2007 and Regulations.
4 positionsSurveillance Devices Act 2007

Appointment of Investigation Officers - Environmental Planning and Assessment Act 1979
Exercise authority as a Council Investigation Officer for the purposes of Division 9.2  and to exercise authority to be an Authorised Person for the purposes of section 9.58 (Penalty notices as to certain offences).
8 positionsEnvironmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulation 2021

Approval to submit Returns
Approval to submit Section 88 Environment and Waste Returns under the Protection of the Environment Operations Act 1997.
1 positionProtection of the Environment Operations Act 1997

Chief Executive Officer

Chief Executive Officer
The Council of the Municipality of Kiama delegates to the Chief Executive Officer (CEO) all of the delegable functions, powers, duties and authorities of the Council subject to the following limitations:

a) All functions delegated to the CEO must be exercised in accordance with the applicable statutory requirements, as well as any resolution or policy adopted by the Council from time to time.

1 positionLocal Government Act 1993

Chief Executive Officer
1) The Chief Executive Officer (CEO) may delegate any of the functions of the CEO, other than this power of delegation.
2) The CEO may sub-delegate a function delegated to the CEO by the Council to any person or body (including another employee of the Council).
3) Part 2 extends to a function sub-delegated to the CEO by the Council under section 377(2) of the Local Government Act 1993.
1 positionLocal Government Act 1993

Notice of Entry
Exercise authority to give written notice to the owner or occupier of the premises of the intention to enter the premises and authority to give notification of the use of force or urgent entry to such persons or authorities as appear to the delegate to be appropriate in the circumstances.
11 positionsLocal Government Act 1993

Powers of Entry
Exercise Authority to enter any premises pursuant to the relevant Legislation.
25 positionsLocal Government Act 1993

Environmental Planning and Assessment Act 1979

Food Act 2003

Protection of the Environment Operations Act 1997

Public Health Act 2010

Biosecurity Act 2015

Boarding Houses Act 2012

Companion Animals Act 1998

Plumbing and Drainage Act 2011

Roads Act 1993

Swimming Pools Act 1992

Senior Responsible Officer
Act as the Senior Responsible Officer to approve standards and codes of best practise for records management.
2 positionsState Records Act 1998



Contracts and expenditure

DelegationPositionsLegislation
Contracts and Expenditure
Act as nominated person, within the meaning of clause 175 of the Local Government (General) Regulation 2021, to receive and register tenders submitted to Council.
2 positionsLocal Government (General) Regulation 2021

Contracts and Expenditure

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
a) the expenditure must relate to the position holder's area of responsibility and in accordance with the Local Government Act 1993;
b) expenditure must be in accordance with expenditure limits approved by the Council;
c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
e) the expenditure/ entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$50,000

15 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

Contracts and Expenditure

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
a) the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;
b) expenditure must be in accordance with expenditure limits approved by the Council;
c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
e) the expenditure/ entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$30,000

0 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

Contracts and Expenditure

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
a) the expenditure must relate to the position holder's area of responsibility and in accordance with the Local Government Act 1993;
b) expenditure must be in accordance with expenditure limits approved by the Council;
c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
e) the expenditure/ entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$10,000

22 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

Contracts and Expenditure
Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
a) the expenditure must relate to the position holder’s area of responsibility and in accordance with the Local Government Act 1993;
b) expenditure must be in accordance with expenditure limits approved by the Council;
c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2005 to be invited and accepted only by the Council;
d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
e) the expenditure/ entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$150,000
0 positions
Contracts and Expenditure

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
a) the expenditure must relate to the position holder's area of responsibility and in accordance with the Local Government Act 1993;
b) expenditure must be in accordance with expenditure limits approved by the Council;
c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
e) the expenditure/ entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$150,000

3 positionsLocal Government Act 1993

Local Government Act 1993 and Local Government (General) Regulation 2021

Contracts and Expenditure

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
a) the expenditure must relate to the position holder's area of responsibility and in accordance with the Local Government Act 1993;
b) expenditure must be in accordance with expenditure limits approved by the Council;
c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
e) the expenditure/ entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$5,000

5 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

Contracts and Expenditure

Authorise expenditure on the provision of goods, works and services to the Council and sign documents arising from such expenditure up to the amount (including GST) indicated with the position subject to the following limitations:
a) the expenditure must relate to the position holder's area of responsibility and in accordance with the Local Government Act 1993;
b) expenditure must be in accordance with expenditure limits approved by the Council;
c) the expenditure must not involve the acceptance of a tender which is required under the Local Government Act 1993 and the Local Government (General) Regulation 2021 to be invited and accepted only by the Council;
d) expenditure must be in accordance with Council's Procurement Policy and Procedure; and
e) the expenditure/ entry into the contract must not otherwise require a resolution of the Council under the Local Government Act 1993 and associated Regulation (for example, a resolution of the Council is required for entry into a public-private partnership).
$1,000

28 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

Repairs and maintenance
Authority to raise and sign orders for repairs and maintenance within the positions holder's area of responsibility and budget.
4 positions
Staff Expenses
Authority to approve payment of duty-related staff expenses, within the position holder's area of responsibility and within budget.
4 positions
Tenders - Directors
Call Tenders on behalf of the Council, for works exceeding the value of $250,000 and in accordance with the provisions of section 55 of the Local Government Act 1993 and the Tender provisions of Part 7 of the Local Government (General) Regulation 2021.
4 positionsLocal Government Act 1993

Local Government (General) Regulation 2021

Tenders - Managers
Call Tenders on behalf of the Council, for works up to the value of $250,000 and in accordance with the provisions of section 55 of the Local Government Act 1993 and the Tender provisions of Part 7 of the Local Government (General) Regulation 2021.
19 positionsLocal Government Act 1993

Local Government (General) Regulation 2021



Corporate Cards

DelegationPositionsLegislation
Corporate Cards
Corporate Card monthly limit $20,000 and transaction limit $20,000.
1 position
Corporate Cards
Corporate Card monthly limit $10,000 and transaction limit $10,000.
3 positions
Corporate Cards
Corporate Card monthly limit $5,000 and transaction limit $5,000.
4 positions
Corporate Cards
Corporate Card monthly limit $5,000 and transaction limit $2,000.
1 position
Corporate Cards
Corporate Card monthly limit $2,000 and transaction limit $2,000.
12 positions
Corporate Cards
Corporate Card monthly limit $1,000 and transaction limit $1,000.
2 positions


Costs and Refunds

DelegationPositionsLegislation
Bad debts <$1,000
Authority to write off bad debts up to $1,000 within the positions holder's area of responsibility and budget.
1 position
Petty Cash
Authority to approve petty cash expenditure within the positions holder's area of responsibility and budget.
4 positions
Refunds - Fees, Bonds and Deposits
Authority to determine requests for the refund of fees, bonds and deposits paid for the use of Council facilities within the position holder's area of responsibility.
4 positions
Refunds and Credit Adjustments - Contracts
Determine requests for the order, release, refund, or return of securities, bank guarantees and bonds, relating to contracts within the position holder's area of responsibility.
4 positions
Refunds and Credit Adjustments - General
Determine requests to provide refunds or credit adjustment for over-payment of fees, or other charges paid to Council, to the value of $5,000 and subject to appropriate evidence of same being provided within the position holder's area of responsibility.
22 positions
Refunds and Credit Adjustments - Leasing and Licensing
Determine requests for the order, release, refund, or return of securities, bank guarantees and bonds relating to leasing, licensing and facility hire only within the position holder's area of responsibility.
4 positions
Refunds and Credit Adjustments - Property and Subdivisions
Determine requests for bonding agreements, the order, release, refund, or return of securities, bank guarantees and bonds, relating to property and subdivision transactions only within the position holder's area of responsibility.
7 positions


Debt Recovery

DelegationPositionsLegislation
Bankruptcy
Exercise authority to represent Council and act on its behalf in any bankruptcy or winding up proceedings.
2 positionsLocal Government Act 1993

Debt recovery
Authority to recover a rate, charge, fee or other money due to the council under this Act or the regulations as a debt.
2 positionsLocal Government Act 1993



Emergency Services

DelegationPositionsLegislation
Emergency Services
Exercise the Council's functions under the:
• State Emergency and Rescue Management Act 1989
• State Emergency Service Act 1989
• Rural Fires Act 1997
• Local Disaster Plan
• Illawarra District Disaster Plan.
6 positionsState Emergency and Rescue Management Act 1989

State Emergency Service Act 1989

Rural Fires Act 1997

Emergency Services
Have authority to Act as the Chairperson of the Local Emergency Management Committee under the State Emergency and Rescue Management Act 1989.
1 positionState Emergency and Rescue Management Act 1989

Emergency Services
Approve the use of Council plant, equipment and employees in response to an emergency in accordance with the State Emergency and Rescue Management Act 1989.
8 positionsState Emergency and Rescue Management Act 1989



Environment

DelegationPositionsLegislation
All functions - Biodiversity Conservation Act 2016
Exercise authority to perform on behalf of Council the Council's delegable functions under this Act and the Regulations in force and as amended from time to time.
2 positionsBiodiversity Conservation Act 2016

All functions - Biosecurity Act 2015
Exercise authority to perform on behalf of the Council as the Local Control Authority, the Council’s delegable functions under this Act and the Regulations in force and as amended from time to time.
3 positionsBiosecurity Act 2015

All functions - Contaminated Land Management Act 1997
Exercise authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
7 positionsContaminated Land Management Act 1997

All functions - Fisheries Management Act 1994
Exercise authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
0 positionsFisheries Management Act 1994



Fees and Approvals

DelegationPositionsLegislation
Fees and Approvals
Determine requests for the refund of fees, bonds and deposits paid for the use of Council facilities and machinery within the position holder's area of responsibility.
15 positions
Fees and Approvals
Authority to make recommendations to the CEO and relevant Director, to terminate any lease or rental agreement on any Council owned property where the terms of the lease have been breached and accounts fall into arrears.
12 positions
Government grants
Determine and sign applications for, and acceptances of, government grants on behalf of Council up to $250,000 (where the funding supports and existing Council program and no change in internal funds is required).
4 positions
Government grants
Determine and sign applications for government grants on behalf of Council up to $25,000 (where the funding supports and existing Council program and no change in internal funds is required).
16 positions
Government grants
Determine and sign applications for government grants on behalf of Council up to $5,000 (where the funding supports and existing Council program and no change in internal funds is required).
1 position
Government grants
Determine and sign applications for, and acceptances of, government grants on behalf of Council, where application and/or acceptance has been considered and approved by Council. 
4 positions
Use of Council land on a short term, casual basis
Determine applications for a licence to use and occupy Council land (including public reserves, beaches, sports fields and public roads) on a short term, casual basis (such as a public performance, filming, commercial photographic session, picnics and private celebrations)
9 positionsLocal Government Act 1993

Local Government (General) Regulation 2021



General Administration and Operations

DelegationPositionsLegislation
Annual Fire Safety Statements - Council
Authority to issue and sign Annual Fire Safety Statements issued by or on behalf of the owner of a Council owned building.
5 positions
Authorise employment
Authority to authorise employment of staff to Council within the position holder's area of responsibility.
0 positions
Authorise employment
Authority to hire casual or temporary staff, including relief agency staff within the position holder's area of responsibility and budget.
0 positions
Authorise employment
Authority to sign appointment letters within existing staffing approvals.
0 positions
CCTV - Level 1
Authority to access closed circuit cameras for the purpose of viewing and reviewing. Access provides camera views, recording and bookmarking with the ability to record a still image for approved export pursuant to CCTV Standard Operating Procedures.
13 positions
CCTV - Level 2
Authority to access closed circuit cameras with the ability to export images pursuant to CCTV Standard Operating Procedures.
7 positions
CCTV - Level 3
Authority to access closed circuit cameras with the same access as Level 2 with the addition of the authority of full system administration rights for the purposes of system maintenance and modifications pursuant to CCTV Standard Operating Procedures.
4 positions
Companion Animals - Level 2
Access the NSW Companion Animals Register at Level 2 as stated in the Guideline on the Exercise of Functions under the Companion Animals Act.
7 positionsCompanion Animals Act 1998

Companion Animals - Level 3
Access the NSW Companion Animals Register at Level 3 as stated in the Guideline on the Exercise of Functions under the Companion Animals Act.
4 positionsCompanion Animals Act 1998

Correspondence - Authorised Staff

Sign standard correspondence/documents (including electronic mail) in relation to the day to day operations of the position holder’s position with the exception of:
a) correspondence to any Federal or State Minister, Member of Parliament or Heads of State; 
b) correspondence to Mayors or General Managers of other Councils; 
c) correspondence to ICAC or the Ombudsman;
d) letters of appointment for new employees or regarding disciplinary matters and grievances;
e) letters of complaint about staff or service.

17 positions
Correspondence - Directors
Sign standard correspondence/documents (including electronic mail) in relation to the day to day operations of the position holder’s position with the exception of: 
a) correspondence to any Federal or State Ministers, Member of Parliament or Heads of State;
b) correspondence to ICAC or the Ombudsman; and
c) letters of appointment for new employees.
3 positions
Correspondence - Executive Assistants
Sign standard correspondence/documents (including electronic mail) in relation to the day to day operations of the position holder’s position with the exception of:
a) signing of correspondence to any Federal or State Minister, Member of Parliament or Heads of State; 
b) signing of correspondence to Mayors or General Managers of other Councils outside of the position holder's area of responsibility; 
c) correspondence to ICAC or the Ombudsman;
d) letters of appointment for new employees or regarding disciplinary matters and grievances;
e) letters of complaint about staff or service.
6 positions
Correspondence - General
Authority to sign and/ or send correspondence of a standard nature including electronic mail in relation to the day to day operations of the position holder’s position with the exception of:
a) correspondence to any Federal or State Minister, Member of Parliament or Heads of State;
b) correspondence to Mayors or General Managers of other Councils;
c) correspondence to ICAC or the Ombudsman;
d) correspondence to Councillors;
e) political comments, advice or opinions contrary to Council's adopted policy or which may have policy/political implications for Council; or
f)  commitments (financial or otherwise) contrary to Council's adopted Delivery Program and Operational Plan.
0 positions
Correspondence - General
Sign standard correspondence/documents (including electronic mail) in relation to the day to day operations of the position holder’s position with the exception of: 
a) correspondence to any Federal or State Ministers, Member of Parliament or Heads of State; 
b) correspondence to Mayors or Chief Executive Officers of other Councils; 
c) correspondence to ICAC or the Ombudsman; 
d) correspondence to Councillors; 
e) letters of appointment for new employees or regarding disciplinary matters and grievances; and
f) letters of complaint about staff or service.
100 positions
Correspondence - Human Resources
Sign standard correspondence/documents (including electronic mail) in relation to the day to day operations of the position holder’s position with the exception of:
a) correspondence to any Federal or State Minister, Member of Parliament or Heads of State;
b) correspondence to Mayors or General Managers of other Councils; and
c) correspondence to ICAC or the Ombudsman.
2 positions
Correspondence - Public Officer
Sign standard correspondence/documents (including electronic mail) in relation to the day to day operations of the position holder’s position with the exception of:
a) correspondence to any Federal or State Minister, Member of Parliament or Heads of State; 
b) letters of appointment for new employees or regarding disciplinary matters and grievances; and
c) correspondence to Mayors or General Managers of other Councils.
1 position
Determine leave
Authority to determine staff leave for staff within the position holder's area of responsibility.
0 positions
Direct staff
Authority to exercise general direction and control of employees within the position holder's area of responsibility.
4 positions
Dismissal of employees
Authority to make recommendations to the Chief Executive Officer with respect to the dismissal of employees within the position holder's area of responsibility.
0 positions
HR - Appointments
Authority to sign appointment letters within existing staffing approvals.
0 positions
HR - Industrial disputes
Deal with industrial disputes within Council and refer the more serious matters for consideration by the CEO and Manager People and Performance.
2 positions
Legal Advice
Authority to give instructions to the Council's solicitors to provide legal advice to Council on any matter concerning the Council within the position holder's area of responsibility.
3 positions
Legal advice
Nominate and instruct legal service providers to act for, or advise, the Council in respect of any matter, including proceedings for and against the Council and the giving of instructions to the Council's legal service provider during the course of proceedings.
25 positions
Legal Documents
Authority to sign agreements, applications, department specific contracts and other legal documents within the positions holder's area of responsibility and budget.
4 positions
Legal proceedings
Commence, carry on or discontinue legal proceedings in any Court or Tribunal of competent jurisdiction on behalf of the Council (including the filing of Court Attendance Notices).
23 positions
Media
Prepare media releases in respect of matters within the position holder’s area of responsibility and submit to Communications, Director and/or CEO for final approval.
40 positions
Media
Participate in media interviews and speak on behalf of Council to the media in respect of matters within the position holder's area of responsibility following approval from Communications, Director and/or CEO.
34 positions
Professional Development
Authority to determine staff attendance at professional development or training days, seminars and conferences within approved budget.
4 positions
Professional Development
Authority to speak at functions/conferences on behalf of Blue Haven.
1 position
Professional Development
Authority to approve travel by staff within budget.
4 positions
Staffing matters
Approval of staff time sheets
1 position
Staffing matters
Approval of staff timesheets and all forms of staff leave, excluding Leave Without Pay.
2 positions
Staffing matters
Approval of staff timesheets, overtime and all forms of staff leave, excluding Leave Without Pay.
38 positions
Staffing matters
Accept resignations from staff within the position holder’s area of responsibility.
34 positions
Staffing matters
Make recommendations to the CEO with respect to the dismissal of employees within the position holder’s area of responsibility.
31 positions
Staffing matters
Make recommendations to the CEO about the suspension of employees within the position holder's area of responsibility.
31 positions
Staffing matters
Approve staff attendance at training seminars and conferences.
35 positions
Staffing matters
Authority to make recommendations to the CEO with respect to the employment of staff within the position holder’s area of responsibility and in accordance with the Council's organisation structure and resources approved by the Council.
33 positions
Staffing matters
Subject to CEO approval, authorise the recruitment of new Council staff, including the advertising for new positions and conducting interviews with applicants, in accordance with the Council's organisation structure and resources approved by the Council.
33 positions
Staffing matters
Approve any variations (including increases) in salaries for staff within the position holder's area of responsibility and in accordance with Council's adopted salary system.
5 positions
Staffing matters
Discipline staff within the position holder's area of responsibility in accordance with Council policy, noting that only the CEO is authorised to terminate the employment of staff.
31 positions
Staffing matters
Authority to hire casual or temporary staff, including relief agency staff within the position holder's area of responsibility and budget.
3 positions
Staffing matters - leaseback
Sign leaseback agreements on behalf of the CEO.
0 positions
Staffing matters - Leave Without Pay
Approval of staff Leave Without Pay (including extended Maternity Leave) up to and including two (2) weeks.
4 positions
Terms of Settlement
Negotiate, finalise and agree to terms of settlement in any proceedings commenced by or against Council in accordance with legal advice provided to Council.
2 positions
Terms of Settlement
Agree to terms of monetary settlement up to the amount of $150,000 in any proceedings commenced by or against Council in accordance with the legal advice provided to Council subject to consultation with the CEO.
4 positions
Time Sheets
Authority to approve staff timesheets including overtime and time in lieu for staff within the position holder's area of responsibility.
0 positions


Governance

DelegationPositionsLegislation
All functions - Government Information (Public Access) Act 2009
Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
2 positionsGovernment Information (Public Access) Act 2009

All functions - Privacy and Personal Information Protection Act 1998
Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
2 positionsPrivacy and Personal Information Protection Act 1998

All functions - Public Interest Disclosures Act 2022
Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
2 positionsPublic Interest Disclosures Act 2022

Authority to determine to disclose and disclose identifying information.
3 positionsPublic Interest Disclosures Act 2022

PID - Provide report
Authority to provide report to Ombudsman and to Minister.
2 positionsPublic Interest Disclosures Act 2022

PID - Refer evidence of an offence
Authority to refer evidence of an offence to Commissioner of Police or Commissioner.
2 positionsPublic Interest Disclosures Act 2022



Holiday Parks

DelegationPositionsLegislation
Holiday Parks
Authority to act on behalf of the 'park owner' with responsibility for the day-to-day management of the holiday parks, including entering into occupation agreements to which this Act applies.
3 positionsHoliday Parks (Long-term Casual Occupation) Act 2002

Holiday Parks (Long-term Casual Occupation) Regulation 2017



Insurance

DelegationPositionsLegislation
Insurance
Exercise authority to make arrangements for the council’s adequate insurance against public liability and professional liability in accordance with the regulations.
3 positionsLocal Government Act 1993

Insurance
Negotiate and settle Public Liability Insurance claims up to excess value as defined in the relevant insurance policy.
2 positions
Insurance
Negotiate and settle Workers Compensation claims up to excess value as defined in the relevant insurance policy.
2 positions


Libraries

DelegationPositionsLegislation
All functions - Library Act 1939 and Library Regulation 2018
Authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
1 positionLibrary Act 1939 and Library Regulation 2018



Planning and Development

DelegationPositionsLegislation
Activities for which EIS required
Exercise authority to determine whether to grant an approval in relation to an activity to which Division 5.1 Subdivision 3 (where an EIS is required) applies.
1 positionEnvironmental Planning and Assessment Act 1979

Additional Information for DCP
Exercise authority to request the owner of land to provide additional information for the purposes of making a Development Control Plan (where an environmental planning instrument requires or permits such a plan to be prepared and submitted to the relevant planning authority pursuant to section 3.44 of the Act).
3 positionsEnvironmental Planning and Assessment Regulation 2021

Additional information for modification application
Exercise authority to request an applicant for modification of a development consent to provide the consent authority with additional information about the development that the consent authority considers necessary to properly consider the application for modification.
5 positionsEnvironmental Planning and Assessment Regulation 2021

Agreement as to work
Exercise authority to reach agreement on behalf of the consent authority with an applicant for a subdivision certificate in circumstances where the work has not yet been completed, in accordance with section 6.15(2)(c).
2 positionsEnvironmental Planning and Assessment Act 1979

All functions - Public Works and Procurement Act 1912
Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
0 positionsPublic Works and Procurement Act 1912

All functions - Building Products (Safety) Act 2017
Exercise authority to perform on behalf of Council the Council's delegable functions under this Act and the Regulations in force and as amended from time to time.
4 positionsBuilding Products (Safety) Act 2017

All functions - Community Land Development Act 1989
Exercise authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
3 positionsCommunity Land Development Act 1989

All functions - Community Land Management Act 1989
Exercise authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
3 positionsCommunity Land Management Act 1989

All functions - Conveyancing Act 1919
Exercise authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
7 positionsConveyancing Act 1919

All functions - Heritage Act 1977
Exercise authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
5 positionsHeritage Act 1977

All functions - Land and Environment Court Act 1979
Exercise authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
2 positionsLand and Environment Court Act 1979

All functions - Liquor Act 2007
Exercise authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
2 positionsLiquor Act 2007

All functions - Strata Schemes Development Act 2015
Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
2 positionsStrata Schemes Development Act 2015

Application for Modification
Exercise authority to determine an application for modification of a consent, in accordance with section 4.55 or 4.56 and to form the opinion that a modification is of minimal environmental impact.
6 positionsEnvironmental Planning and Assessment Act 1979

Approval or rejection of an amendment to a Development Application
Authority to approve or reject the amendment of a development application.
1 positionEnvironmental Planning and Assessment Regulation 2021

Building and Subdivision Certificates
Exercise authority to issue Part 6 Certificates in accordance with Part 6 of the Act and all associated and ancillary functions including to require additional information.
9 positionsEnvironmental Planning and Assessment Act 1979

Building Certificates
Exercise authority to decide to issue a building certificate in accordance with sections 6.26.
4 positionsEnvironmental Planning and Assessment Act 1979

Carrying out certification work
Exercise authority to carry out certification work of a class prescribed by the regulations that is done in the name of or on behalf of the council.
4 positionsBuilding and Development Certifiers Act 2018

Certificate as to classification of land
Exercise authority to issue a certificate stating the classification of public land.
3 positionsLocal Government Act 1993

Certificate as to notices
Exercise authority to issue a certificate to an applicant as to whether there are any outstanding notices issued by the council under the Local Government Act 1993 in respect of any land within the council’s area.
7 positionsLocal Government Act 1993

Class 1 Appeals
Reach agreement or give consent to the disposing of a Class 1 Appeal, on behalf of the Council, during a conciliation conference pursuant except where the development application or section 96 application has been refused by Council resolution.
2 positionsLand and Environment Court Act 1979

Contracts for certification work
Exercise authority to execute a written contract for certification work to be done in the name of or on behalf of the council.
4 positionsBuilding and Development Certifiers Act 2018

Costs and expenses of studies
Exercise authority to negotiate and sign an agreement on behalf of the council as the relevant planning authority with a person who requests the preparation of a planning proposal for the payment of the costs and expenses incurred by the authority in undertaking studies and other matters required in relation to the planning proposal.
3 positionsEnvironmental Planning and Assessment Regulation 2021

Determination of DA - Director
Exercise authority to determine development applications and modification applications up to a value of $10,000,000, except for developments:
a) where developments are for subdivisions of over fifty (50) allotments; and
b) where there are greater than twelve (12) individual objections.  
1 positionEnvironmental Planning and Assessment Act 1979

Determination of DA - Manager
Exercise authority to determine development applications and modification applications up to a value of $10,000,000, except for developments:
a) where developments are for subdivisions of over fifty (50) allotments; and
b) where there are greater than twelve (12) individual objections.  
1 positionEnvironmental Planning and Assessment Act 1979

Determination of DA - Officer

Exercise authority to determine development applications and modification applications up to a value of $10,000,000, except for developments:
a) where developments are for subdivisions of over fifty (50) allotments; and
b) where there are greater than twelve (12) individual objections.  

4 positionsEnvironmental Planning and Assessment Act 1979

Determinations and decisions subject to review
Authority to conduct a review of a determination of an application for development consent, the modification of a development consent and the decision of a council to reject and not determine an application for development consent.
3 positionsEnvironmental Planning and Assessment Act 1979

Determine a Review
Determine an application for review of a determination provided the reviewer did not determine the application nor is subordinate to the position that made the determination which is the subject of the review.
2 positionsEnvironmental Planning and Assessment Act 1979

Developer Contributions
Exercise authority to impose conditions of development consent imposing developer contributions.
8 positionsEnvironmental Planning and Assessment Act 1979

Evaluation of DA
Exercise authority to carry out the functions of the council as consent Exercise authority associated with the administration and evaluation of an application for development consent.
10 positionsEnvironmental Planning and Assessment Act 1979

Extension of lapsing period
Authority to determine an application for a 1-year extension of a consent in accordance with section 4.54.
5 positionsEnvironmental Planning and Assessment Act 1979

Imposition of Conditions
Exercise authority to accept payment of security, by way of either a deposit or bank guarantee, authorise the drawing of any monies paid as security and authorise the release of any payment of security by an applicant pursuant to a condition of development consent imposed.
3 positionsEnvironmental Planning and Assessment Act 1979

Instruments creating covenants, easements or restrictions
Execute on behalf of the Council instruments creating covenants, easements or restrictions affecting land (including any release, variation or modification of same), except in circumstances where the Council's seal is required to be affixed.
6 positionsConveyancing Act 1919

LEP Planning Proposals
Exercise authority to carry out the steps associated with the making of a local environmental plan, as the planning proposal Exercise authority, including preparing a planning proposal, requiring the owner to carry out studies or provide other information or pay the costs of the Exercise authority, carrying out community consultation and forwarding a planning proposal to the Minister (or the Greater Sydney Commission), in accordance with Part 3, Division 3.4 of the EP&A Act.
4 positionsEnvironmental Planning and Assessment Act 1979

Local Strategic Planning Statement
Exercise authority to prepare, on behalf of the council, a Local Strategic Planning Statement in respect of its area.
3 positionsEnvironmental Planning and Assessment Act 1979

Notice of Development Applications not required
Authority to decide to not comply with section 56 notice requirements in relation to an amended development application if the consent authority complied with section 56 before the application was amended and the Council considers the amended development application differs from the original development application in minor ways only.
1 positionEnvironmental Planning and Assessment Regulation 2021

Notice of voluntary surrender
Exercise authority to carry out all functions of the Council as consent authority associated with the determination of a notice of voluntary surrender.
1 positionEnvironmental Planning and Assessment Regulation 2021

Part 5 consideration
Exercise authority, on behalf of the council as the determining authority in relation to an activity under Part 5, to examine and take into account to the fullest extent possible all matters affecting or likely to affect the environment by reason of that activity in accordance with section 5.5 and Part 7 of the Biodiversity Conservation Act 2016.
2 positionsEnvironmental Planning and Assessment Act 1979

Biodiversity Conservation Act 2016

Planning Agreements - Director
Exercise authority to enter into, or agree to the revocation or amendment of, a Planning Agreement in accordance with Division 7.1 and Subdivision 2, and within the position holder's area of responsibility.
1 positionEnvironmental Planning and Assessment Act 1979

Planning Agreements - General
Exercise authority to negotiate the ‘in principle’ terms of a draft Planning Agreement, for reporting to council for endorsement and exhibition in accordance with Council’s policy and Division 7.1, Subdivision 2, and within the position holder's area of responsibility. 
Exercise authority to negotiate the ‘in principle’ terms of the revocation or amendment of a Planning Agreement, for reporting to Council for endorsement and exhibition in accordance with Council's policy and Division 7.1, Subdivision 2, and within the position holder's area of responsibility.
5 positionsEnvironmental Planning and Assessment Act 1979

Planning Certificates
Exercise authority to issue a planning certificate in accordance with section 10.7.
5 positionsEnvironmental Planning and Assessment Act 1979

Preparation of contributions plan
Exercise authority to prepare a draft contributions plan in accordance with section 7.18
5 positionsEnvironmental Planning and Assessment Act 1979

Prepare DCP
Exercise authority to prepare, on behalf of the council as the relevant planning Exercise authority, a Development Control Plan in accordance with Division 3.6.
4 positionsEnvironmental Planning and Assessment Act 1979

Principal Certifier
Exercise authority to act on behalf of the council as the principal certifier appointed in respect of building or subdivision work under Part 6.
4 positionsEnvironmental Planning and Assessment Act 1979

Refund in respect of DAs or associated applications
Authorise the giving of a refund in respect of fees paid by an applicant for a development application, construction certificate or section 4.55 modification
4 positions
Rejection of a Development Application
Authority to reject a development application.
1 positionEnvironmental Planning and Assessment Regulation 2021

Request for additional information
Authority to request the applicant for development consent to provide it with such additional information about the proposed development as it considers necessary to its proper consideration of the application.
1 positionEnvironmental Planning and Assessment Regulation 2021

Revocation or modification of consent
Exercise authority to revoke or modify a development consent in accordance with section 4.57.
2 positionsEnvironmental Planning and Assessment Act 1979

Section 68 - Approvals
Exercise authority to reject an unclear or illegible application for approval for an activity specified in the table to section 68, or to determine such an application, or an application to amend, extend, renew, revoke or modify such an approval and in determining such an application, to give directions in response to an objection.
11 positionsLocal Government Act 1993

Section 68 - Withdrawals
Exercise authority to authorise a refund in respect of fees paid by an applicant in respect of an application for a Section 68 Activity approval which is withdrawn.
10 positionsLocal Government Act 1993

Swimming Pools - Authority to carry out inspection
Exercise authority to carry out inspection of swimming pool, including on request of owner and charge a fee.
3 positionsSwimming Pools Act 1992

Swimming Pools - Authority to issue a certificate of compliance
Authority to determine certificate applications under the Swimming Pools Act 1992 and the issuing of certificates of compliance and the granting or refusing of exemptions.
3 positionsSwimming Pools Act 1992

Swimming Pools - Determine applications for certificate of compliance
Determine applications for a certificate of compliance and for an exemption from the barrier requirements.
4 positionsSwimming Pools Act 1992

Swimming Pools - Direction to Comply
Exercise authority to serve a direction requiring compliance with the access to swimming pools provisions.
4 positionsSwimming Pools Act 1992

Swimming Pools - Exemption from Compliance
Exercise authority to grant an exemption from all or any of the requirements of the access to swimming pools provisions, unconditionally or subject to conditions.
4 positionsSwimming Pools Act 1992

Swimming Pools - Investigation of complaint
Exercise authority to investigate a complaint of non-compliance with the Act or Regulations.
3 positionsSwimming Pools Act 1992

Swimming Pools - Issue a certificate of Non-Compliance
Exercise authority to be satisfied/ not satisfied on behalf of the local authority that the requirements for the issue of a certificate of compliance have been met, and issue a notice and/or certificate of non-compliance.
3 positionsSwimming Pools Regulation 2018



Public Officer and Council Documents

DelegationPositionsLegislation
All functions - State Records Act 1998
Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
5 positionsState Records Act 1998

Exercise functions - State Records Act 1998
Authority to exercise the Council's functions, including the disposal of Council records and making of open and closed access directions in accordance with that Act and the State Records Regulation 2005.
5 positionsState Records Act 1998

Public Officer
Act as the Council’s Public Officer.
1 positionLocal Government Act 1993

Public Officer
Authority to sign all documentation on behalf of the Council in place of the CEO (including contracts, leases, transfers, deeds of agreement etc) and in accordance with any necessary resolution of the Council having regard to section 377 of the Local Government Act 1993.
1 position
Public Officer
Investigate and be responsible for the coordination of the investigation of complaints received under the Council’s Complaints Management Policy.
1 position


Rates and Charges

DelegationPositionsLegislation
Adjustment of rates following change in category of land
Exercise authority to make an appropriate adjustment of rates paid or payable following a change in the category of rateable land.
2 positionsLocal Government Act 1993

Agreement as to periodical payment of rates and charges
Exercise authority to write off or reduce interest accrued on rates or charges where a person complies with an agreement for the payment of rates or charges.
2 positionsLocal Government Act 1993

All functions - Fire and Emergency Services Levy Act 2017
Authority to exercise and or perform on behalf of the Council the Council’s delegable functions under this Act and Regulations in force and amended from time to time.
2 positionsFire and Emergency Services Levy Act 2017

Certificate as to Rates and Charges
Exercise authority to issue a certificate as to the amount (if any) due or payable to the council, by way of rates, charges or otherwise, in respect of a parcel of land.
2 positionsLocal Government Act 1993

Classification of land for levy
Authority to act on behalf of the Council to classify and sub-classify parcels of land in the council area, including in response to an application for classification or review and in response to zoning and change in use, to approve the from and manner of a change of circumstances under section 73(4), waive or refund part of the fixed component of the levy charged in respect of a parcel of land situated in more than one area under section 75(3) and to respond to or defend appeals in the Land and Environment Court, in accordance with Part 5 of the Fire and Emergency Services Levy Act 2017.
1 positionFire and Emergency Services Levy Act 2017

Enter an arrangement with a ratepayer
Enter a reasonable arrangement with a ratepayer regarding the payment of outstanding rate debt, in accordance with the Council’s adopted Rates Policy.
2 positionsValuation of Land Act 1916

Land valuation
Exercise the Council’s functions under the Valuation of Land Act 1916, including the making of applications for the valuation of land within the Council’s local government area.
6 positions
Liability of eligible pensioners
Exercise authority to waive or reduce a rate, charge or interest in respect of land on which a dwelling is situated for an eligible pensioner and/or due by any person prescribed by the regulations who is in receipt of a pension, benefit or allowance under the Social Security Act 1991 of the Commonwealth.
2 positionsLocal Government Act 1993

Notice to occupier regarding unpaid rates
Exercise authority to serve a notice on the occupier of land in relation to unpaid rates or charges.
2 positionsLocal Government Act 1993

Recovery of levy
Authority to act on behalf of Council to recover a levy payable to council under section 89 and to enter into an arrangement with the Chief Commissioner under section 91.
1 positionFire and Emergency Services Levy Act 2017

Review an arrangement with a ratepayer
Review a determination regarding a reasonable arrangement for the payment of outstanding rate debt, in accordance with the Council’s adopted Rates Policy.
2 positions
Write off rates, charges and accrued interest
Exercise authority to write off rates, charges and accrued interest on rates and charges.
2 positionsLocal Government Act 1993

Local Government (General) Regulation 2021



Regulation and Enforcement

DelegationPositionsLegislation
Act in Court Proceedings
Exercise authority to act in any local court appeal proceedings in relation to companion animals, including appeal proceedings against the making of a dangerous dog declaration or refusal to revoke a dangerous dog declaration and an appeal to the District Court against disqualification from owning a dog or cat.
4 positionsCompanion Animals Act 1998

All functions - Crown Land Management Act 2016 and Crown Land Management Regulation 2018
Exercise authority to perform on behalf of Council the Council's delegable functions under this Act and the Regulations in force and as amended from time to time.
1 positionCrown Land Management Act 2016 and Crown Land Management Regulation 2018

All functions - Food Act 2003 and Food Regulation 2015
Exercise authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
3 positionsFood Act 2003 and Food Regulation 2015

All functions - Inclosed Lands Protection Act 1901
Exercise authority to perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
6 positionsInclosed Lands Protection Act 1901

All functions - Public Health Act 2010
Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
3 positionsPublic Health Act 2010

All functions - Public Spaces (Unattended Property) Act 2021
Authority to exercise and/or perform on behalf of Council the Council's delegable Functions under this Act and the Regulations in force and as amended from time to time.
1 positionPublic Spaces (Unattended Property) Act 2021

Annual Fire Safety Statements
Authority to investigate and issue orders and penalty notices in relation to Annual Fire Safety Statements.
4 positionsEnvironmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulation 2021

Approval for certain fires or incinerators
Issue an approval authorising the burning of vegetation and other materials in accordance with Council's 'Clean Air Policy'.
5 positionsProtection of the Environment Operations (Clean Air) Regulations 2022

Arrangements to exercise functions outside the area of operations
Authority to arrange with other Councils or other Authorities under the Act to permit Authorised Officers to exercise functions outside of their Council area of operations.
3 positionsPublic Spaces (Unattended Property) Act 2021

Carry out work required by Order
Exercise authority to do or arrange to be done through the Council’s employees, contractors or agents, all such things as are necessary or convenient to give effect to the terms of an order issued by the Council including the carrying out of any work required by the order and recover expenses incurred and otherwise give effect to the functions provided for in section 678.
2 positionsLocal Government Act 1993

Commence Court Proceedings
Exercise authority, subject to the CEO's consent, to institute and carry on proceedings in the Local Court for an offence against the Companion Animals Act 1998.
4 positionsCompanion Animals Act 1998

Companion animals killed by traffic
Exercise authority to act in relation to companion animals killed by traffic.
4 positionsCompanion Animals Act 1998

Compliance Cost Notices
Exercise authority on behalf of the relevant enforcement authority that gives a Development Control Order to serve on the other person a compliance cost notice and to recover any unpaid amount as a debt in accordance with Schedule 5, clause 37.
5 positionsEnvironmental Planning and Assessment Act 1979

Court Attendance Notices
Authority to issue Court Attendance Notices and represent the Council in any Court of competent jurisdiction.
12 positionsCriminal Procedure Act 1986

Court proceedings
Authority to represent the Council in relation to appeals against proceedings for offences, debt recovery and applications for review to the Administrative Decisions Tribunal. 
3 positionsPublic Spaces (Unattended Property) Act 2021

Destruction of property
Authority to direct an authorised officer to destroy property that are in possession of Council.
3 positionsPublic Spaces (Unattended Property) Act 2021

Development Control Orders
Authority to exercise Council's functions under Division 9.3 and Schedule 5 as the relevant enforcement authority in relation to Development Control Orders.
5 positionsEnvironmental Planning and Assessment Act 1979

Enforcement and Regulatory functions

Exercise the Council's enforcement and regulatory functions under the Protection of the Environment and Operations Act 1997, including:
a) issuing a clean up direction;
b) issuing a prevention notice;
c) issuing a compliance cost notice;
d) revoking a smoke abatement notice given by an authorised officer;
e) issuing a notice requiring the production of information and records; and
f) issuing, revoking or varying a noise control notice.

8 positionsProtection of the Environment Operations Act 1997

Enforcement Officer - Protection of the Environment Operations (General) Regulation
Act as an enforcement officer within the meaning of the Protection of the Environment Operations (General) Regulation
7 positionsProtection of the Environment Operations Act 1997

Fees

Authorise any fee or charge payable under this Act:
(a) to be paid by instalments; and
(b) to be reduced or waived in respect of persons in receipt of a pension, benefit or allowance under the Social Security Act 1991 of the Commonwealth.

1 positionCompanion Animals Act 1998

Give a direction under the Roads Act
Authority to give a direction pursuant to Part 7 of the Roads Act.
5 positionsRoads Act 1993

Impounding Authority
Authority to carry out the functions of the Council to deal with property after taking possession of it.
3 positionsPublic Spaces (Unattended Property) Act 2021

Investigation Authority Powers
Exercise authority to perform on behalf of Council the Council's delegable Functions as an “investigation authority” under Division 9.2, including:
• Authority to give the owner or occupier of premises written notice of the intention of an investigation officer to enter the premises, in accordance with section 9.17;
• Authority to authorise in writing (either generally on in a particular case) entry without notice if entry is required urgently in accordance with section 7.17(4)(d);
• Authority to give notice that an investigation officer used force for the purpose of gaining entry to premises in accordance with section 9.21(2);
• Authority to require a corporation to nominate a director or officer of the corporation in accordance with section 9.23(2);
• Authority to give the owner or occupier of premises written notice requiring the owner/occupier to provide reasonable assistance and facilities to an investigation officer in accordance with section 9.27; and
• Authority to recover the reasonable costs of entry and inspection from the owner or occupier of the premises in accordance with section 9.29.
13 positionsEnvironmental Planning and Assessment Act 1979

Issue notices, orders and directions - General
Issue notices, orders, penalties and directions under the:
• Local Government Act 1993 and Regulations;
• Protection of the Environment Operations Act 1997 and Regulations;
• Roads Act 1993 and Regulations;
• Impounding Act 1993 and Regulations; and
• Road Transport Act 2013 and Regulations.
13 positionsLocal Government Act 1993

Protection of the Environment Operations Act 1997

Public Spaces (Unattended Property) Act 2021

Road Transport Act 2013

Roads Act 1993

Issue notices, orders, penalties and directions - Building and Assessment
Issue notices, orders, penalties and directions under the:
• Environmental Planning and Assessment Act 1979 and Regulations;
• Local Government Act 1993 and Regulations; and
• Swimming Pools Act 1992 and Regulations.
5 positionsEnvironmental Planning and Assessment Act 1979

Local Government Act 1993

Swimming Pools Act 1992

Issue notices, orders, penalties and directions - Environmental Services
Issue notices, orders, penalties and directions under the:
• Environmental Planning and Assessment Act 1979 and Regulations;
• Local Government Act 1993 and Regulations;
• Swimming Pools Act 1992 and Regulations;
• Protection of the Environment Operations Act 1997 and Regulations;
• Public Health Act 2010 and Regulations;
• Food Act 2003 and Regulations;
• Companion Animals Act 1998 and Regulations;
• Roads Act 1993 and Regulations;
• Impounding Act 1993 and Regulations; 
• Road Transport Act 2013 and Regulations; and
• Surveillance Devices Act 2007 and Regulations.
11 positionsEnvironmental Planning and Assessment Act 1979

Local Government Act 1993

Swimming Pools Act 1992

Protection of the Environment Operations Act 1997

Public Health Act 2010

Food Act 2003

Companion Animals Act 1998

Roads Act 1993

Public Spaces (Unattended Property) Act 2021

Road Transport Act 2013

Surveillance Devices Act 2007

Issuing notices to owners or persons responsible for unattended items
Authority to give notices to owners or persons responsible for unattended items after taking possession of property.
3 positionsPublic Spaces (Unattended Property) Act 2021

Public Spaces (Unattended Property) Regulation 2022

Keeping records
Authority to keep records of property taken into possession.
3 positionsPublic Spaces (Unattended Property) Act 2021

Notice for permit
Exercise authority to give the owner of a companion animal a notice requiring the owner to apply for a Permit under Part 2A.
4 positionsCompanion Animals Act 1998

Notice requiring registration
Exercise authority to issue a notice requiring a companion animal to be registered.
4 positionsCompanion Animals Act 1998

Notify nuisance dog or cat order
Exercise authority to notify Director General of issuing of nuisance dog or cat order.
4 positionsCompanion Animals Act 1998

Obtain personal details
Authorised to take the name and address of any person reasonably suspected to be committing an offence under the following legislation:
• Environmental Planning and Assessment Act 1979 and Regulations;
• Local Government Act 1993 and Regulations;
• Swimming Pools Act 1992 and Regulations;
• Protection of the Environment Operations Act 1997 and Regulations;
• Public Health Act 2010 and Regulations;
• Food Act 2003 and Regulations;
• Companion Animals Act 1998 and Regulations;
• Roads Act 1993 and Regulations;
• Road Rules 2014 legislation;
• Impounding Act 1993 and Regulations;
• Surveillance Devices Act 2007 and Regulations; and
• Road Transport Act 2013 and Regulations.
13 positionsEnvironmental Planning and Assessment Act 1979

Local Government Act 1993

Swimming Pools Act 1992

Protection of the Environment Operations Act 1997

Public Health Act 2010

Food Act 2003

Companion Animals Act 1998

Roads Act 1993

Road Rules 2014

Public Spaces (Unattended Property) Act 2021

Surveillance Devices Act 2007

Road Transport Act 2013

Pay or waive a fee charged
Authority to pay an amount or waive an amount in relation to a property or animal taken into possession.
3 positionsPublic Spaces (Unattended Property) Act 2021

Private Roads
Exercise 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.
3 positionsRoads Act 1993

Proceedings for offences
Exercise authority to commence and conduct proceedings for an offence against the Act or Regulations in accordance with section 9.57.
5 positionsEnvironmental Planning and Assessment Act 1979

Revoke Declaration
Exercise authority to revoke a dangerous dog declaration in accordance with section 39 and revoke a declaration by an authorised officer that a dog is a restricted dog in accordance with section 58D, and give notice of revocation or of non revocation.
4 positionsCompanion Animals Act 1998

Road Widening
Exercise authority to:
a) submit to the Minister for Roads and Ports a proposed plan for the widening of a public road in accordance with section 22;
b) make a road widening order in accordance with section 25;
c) revoke or vary a road widening order in accordance with section 27;
d) grant consent for the carrying out minor repairs or improvements to a building in accordance with section 26; and
e) direct an owner of land (where a person constructs, replaces or repairs a building or work on land affected by a road widening order in contravention of section 26) to carry out such work as is necessary to restore the land to the state it was in before the contravention occurred in accordance with section 26(4).
3 positionsRoads Act 1993

Sale or destruction of a surrendered or impounded animal
Authorise the sale or destruction of a surrendered or impounded animal under the Companion Animals Act 1998.
1 positionCompanion Animals Act 1998

Sale or destruction of a surrendered or impounded animal
Make recommendations to the Director Planning, Environment and Communities or CEO for the sale or destruction of a surrendered, seized or impounded animal under the Companion Animals Act 1998.
3 positionsCompanion Animals Act 1998

Sell or dispose of property
Authority to sell or dispose of items that were taken into possession by an authorised officer.
3 positionsPublic Spaces (Unattended Property) Act 2021



Work Health and Safety

DelegationPositionsLegislation
All functions - Work Health and Safety Act 2011
Authority to exercise and/or perform on behalf of Council the Council’s delegable Functions under this Act and the Regulations in force and as amended from time to time.
4 positionsWork Health and Safety Act 2011



Works and Engineering

DelegationPositionsLegislation
Application for Consent
Exercise authority to determine an application for consent to:
(a) erect a structure, or carry out 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; and
(e) connect a road (whether public or private) to a classified road, and impose conditions on a consent.
7 positionsRoads Act 1993

Cause a temporary public road to be closed
Exercise authority to cause a temporary public road to be closed by publishing a notice in the Gazette.
3 positionsRoads Act 1993

Cemetery Operators Register
Exercise authority to keep and amend the cemetery operator's register in accordance with section 63 and make a copy of an entry in the register available in accordance with 63(10).
4 positionsCemeteries and Crematoria Act 2013

Closing of Public Roads
Authority to carry out the functions of the Council as the roads authority to close a council public road, including to cause notice of a proposed closure of a public road to be notified in accordance with s38B, appeal against a formal objection made by a notifiable authority under s38C(3), consider any submission made and publish a notice in the Gazette to close the public road (s38D) and to close a temporary public road under s39 if the road does not give access to an isolated road.
3 positionsRoads Act 1993

Drainage work
Exercise authority to carry out drainage work on land in vicinity of public road for purpose of draining or protecting public road.
3 positionsRoads Act 1993

Footway approvals
Exercise authority to determine an application for a footway dining approval.
3 positionsRoads Act 1993

Footway approvals
Authorise the holder of a footway dining approval to erect and maintain structures in, or over any part, of the footway.
3 positionsRoads Act 1993

Footway Restaurants
Exercise authority to grant an approval to use part of a footway for the purposes of a restaurant and to authorise a holder of an approval to erect and maintain structures in, on or over any part of the footway the subject of the approval.
4 positionsRoads Act 1993

Graffiti Removal Work
Exercise authority to carry out graffiti removal work with consent of owner or occupier of private land or without such consent where graffiti visible from public place.
5 positionsGraffiti Control Act 2008

Inspections and Investigations
Authority to inspect the land, for the purposes of an inspection, dig up any ground and take such measures as are necessary to ascertain the character and condition of the land and of any building, structure or work that is situated in, on or over the land, make surveys and take levels and, for those purposes, may dig trenches, break up the soil and set up any posts, stakes or marks, and may take samples or photographs in connection with any inspection.
2 positionsRoads Act 1993

Installation of prescribed traffic control devices
Approve the installation of prescribed traffic control devices (including portable traffic control lights) at Council worksites.
2 positionsRoad Transport Act 2013

Interment right
Exercise authority to grant or renew, transfer to another person or transfer to the cemetery operator, an interment right, and to give notice under section 54 of entitlement to apply to renew a renewable interment right.
3 positionsCemeteries and Crematoria Act 2013

Load limits on roads
Exercise authority to impose load limits on roads and bridges and cause a notice to be displayed adjacent to the road or bridge prohibiting vehicles with a laden mass exceeding that maximum mass from passing along the road, bridge or causeway.
1 positionRoad Transport (General) Regulation 2021

Permits for Road Events
Exercise authority to grant a permit to any person to conduct a road event (as defined) on a public road.
1 positionRoads Act 1993

Public Gates
Exercise authority to grant and/or revoke a permit for the erection of a public gate or the construction of a by-pass around a public gate.
2 positionsRoads Act 1993

Regulate traffic
Authority to regulate traffic on a public road by means of barriers or notices in so far as they apply to the Council as a roads authority.
3 positionsRoads Act 1993

Street Vending Consent
Authority to grant, revoke, transfer or extend the term of a street vending consent.
3 positionsRoads Act 1993

Temporary Regulation of traffic
Exercise authority to serve (and revoke) an Order prohibiting a person from causing any vehicle under the person’s control to pass along a specified local road.
3 positionsRoads Act 1993

Tree felling
Exercise authority to form the opinion that it is necessary to remove or lop a tree or other vegetation on or overhanging a public road for the purpose of a road work or to remove a traffic hazard, and to effect such removal or lopping.
4 positionsRoads Act 1993

Tree management applications
Authority to determine, approve or reject tree management applications under Kiama Local Environmental Plan 2011 and Chapter 2 of Kiama Development Control Plan 2020, Preservation and Management of Trees and Vegetation.
3 positions





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