S6 Instrument of Delegation to
Members of Council Staff
NOTE: This Instrument should be read in conjunction
with the primary legislation.
December 2023
S6 Instrument of Delegationfrom Council to Staff – December 2023
Instrument of Delegation
In exercise of the powers conferred by the legislation referred to in the attached Schedule, the
Council:
1.
delegates each Duty and/or Function and/or Power described in column 1 of the Schedule
(and summarised in column 2 of the Schedule) to the member of Council staff holding,
acting in or performing the duties of the office or position described opposite each such
Duty and/or Function and/or Power in column 3 of the Schedule;
2.
declares that:
2.1 this Instrument of Delegation is authorised by a resolution of Council
passed on12 December 2023, and
2.2 the delegation:
2.2.1 comes into force immediately the common seal of Council is
affixed to this Instrument of Delegation;
2.2.2 remains in force until varied or revoked;
2.2.3 is subject to any conditions and limitations set out in sub
paragraph 2.3, and the Schedule; and
2.2.4 must be exercised in accordance with any guidelines or policies which
Council from time to time adopts; and
2.3 the delegate must not determine the issue, take the action or do the act or thing;
2.3.1 if the issue, action, act or thing is an issue, action or thing which Council
has previously designated as an issue, action, act or thing which must be
the subject of a Resolution of Council; or
2.3.2 if the determining of the issue, taking of the action or doing of the act or
thing would or would be likely to involve a decision which is inconsistent
with a
(a)
major policy, as designated under the Governance (Major
Policy Consultation) Local Law No.3; or
(b)
policy; or
(c)
strategy
adopted by Council; or
2.3.3 if the determining of the issue, the taking of the action or the doing of the
act or thing cannot be the subject of a lawful delegation; or
2.3.4 the determining of the issue, the taking of the action or the doing of the act
or thing is already the subject of an exclusive delegation to another
member of Council staff or delegated committee.
3.
records that on the coming into force of this Instrument of Delegation, each delegation under
the Instruments of Delegation dated 20 June 2023 is revoked.
S6 Instrument of Delegationfrom Council to Staff – December 2023
SCHEDULE
INDEX
DOMESTIC ANIMALS ACT 1994.................................................................................. 5
FOOD ACT 1984............................................................................................................ 6
HERITAGE ACT 2017 ................................................................................................. 13
LOCAL GOVERNMENT ACT 1989............................................................................. 14
PLANNING AND ENVIRONMENT ACT 1987 ............................................................. 15
RESIDENTIAL TENANCIES ACT 1997 ...................................................................... 95
ROAD MANAGEMENT ACT 2004 .............................................................................. 97
PLANNING AND ENVIRONMENT REGULATIONS 2015 ........................................ 113
RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS
REGISTRATION AND STANDARDS) REGULATIONS 2010................................... 118
ROAD MANAGEMENT (GENERAL) REGULATIONS 2016..................................... 124
S6 Instrument of Delegationfrom Council to Staff – December 2023
DOMESTIC ANIMALS ACT 1994
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
COMMENTS
s.41A(1)
Power to declare a dog to be a menacing dog
Director City Futures
Manager City Regulatory Services
Council may delegate this Power to a
Council authorised officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
FOOD ACT 1984
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.19(2)(a) Power to direct by written order that the food
premises be put into a clean sanitary condition.
Director City Futures
Manager City Regulatory Services
if s 19(1) applies
(ie. If premises found to be unclean or
unsanitary, or if food unsafe or
unsuitable)
s.19(2)(b) Power to direct by written order that specified
steps be taken to ensure that food prepared, sold
or handled is safe and suitable.
Director City Futures
Manager City Regulatory Services
if s 19(1) applies
(ie. If premises found to be unclean or
unsanitary, or if food unsafe or
unsuitable)
s.19(3)
Power to direct by written order that the food
premises not be kept or used for the sale, or
handling for sale, of any food, or for the preparation
of any food, or for any other specified purpose, or for
the use of any specified equipment or a specified
process
Director City Futures
Manager City Regulatory Services
If s 19(1) applies
Only in relation to temporary food
premises or mobile food premises
s.19(4)(a)
Power to direct that an order made under
section 19(3)(a) or (b), (i) be affixed to a
conspicuous part of the premises, and (ii)
inform the public by notice in a published
newspaper or otherwise.
Director City Futures
Manager City Regulatory Services
if s 19(1) applies
s.19(6)(a)
Duty to revoke any order under s.19 if satisfied that
an order has been complied with.
Director City Futures
Manager City Regulatory Services
if s 19(1) applies
s.19(6)(b) Duty to give written notice of revocation under
section 19(6)(a) if satisfied that an order has been
complied with
Director City Futures
Manager City Regulatory Services
If section 19(1) applies
s.19AA(2)
Power to direct, by written order, that a person must
take any of the actions described in (a)- (c).
Director City Futures
Manager City Regulatory Services
Where Council is the registration
authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
FOOD ACT 1984
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.19AA(4)(c) Power to direct, in an order made under s.19AA(2)
or a subsequent written order, that a person must
ensure that any food or class of food is not removed
from the premises
Director City Futures
Manager City Regulatory Services
Note: the Power to direct the matters ,
under s.19AA(4)(a) and (b) are not
capable of delegation and so such
directions must be made by Council
resolution
s.19AA(7) Duty to revoke order issued under s.19AA and give
written notice of revocation, if satisfied that that
order has been complied with
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.19CB(4)(b) Power to request copy of records
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.19E(1)(d)
Power to request a copy of the food safety
program
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s. 19EA(3)
Function of receiving copy of revised food safety
program
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.19GB
Power to request proprietor to provide written details
of the name, qualification or experience of the
current food safety supervisor
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s. 19IA(1) Power to form opinion that the food safety
requirements or program are non-compliant.
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s. 19IA(2) Duty to give written notice to the proprietor of the
premises
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
Note: Not required if Council has taken
other appropriate action in relation to
deficiencies (see s 19IA(3))
s.19M(4)(a)
& (5)
Power to conduct a food safety audit and take
actions Where deficiencies are identified
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
FOOD ACT 1984
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s 19N(2)
Function of receiving notice from the auditor
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.19NA(1) Power to request food safety audit reports
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.19U(3)
Power to waive and vary the costs of a food safety
audit if there are special circumstances
Director City Futures
Manager City Regulatory Services
s.19UA
Power to charge fees for conducting a food
safety assessment or inspection
Director City Futures
Manager City Regulatory Services
Subject to approved Schedule of Fees and
Charges set through the budget process
Except for an assessment required by a
declaration under s 19C or an inspection
under ss 38B(1)(c) or 39.
s.19W
Power to direct a proprietor of a food premises
to comply with any requirement under Part IIIB
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.19W(3)(a) Power to direct a proprietor of a food premises to
have staff at the premises undertake training or
instruction
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.19W(3)(b) Power to direct a proprietor of a food premises to
have details of any staff training incorporated into
the minimum records required to be kept of food
safety program of the premises
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
---
Power to register or renew the registration of a food
premises
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
Refusal to grant or renew the
registration of a food premises must be
ratified by Council or CEO (see section
58A(2))
s. 36A
Power to accept an application for registration or
notification using online portal
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
FOOD ACT 1984
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s 36B
Duty to pay the charge for use of online portal
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.38AA(5) Power to (a) request further information; or (b)
advise the proprietor that the premises must be
registered if the premises are not exempt
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.38AB(4)
Power to fix a fee for the receipt of a notification
under section 38AA in accordance with a
declaration under s (1)
Not delegated
Where Council is the registration authority
s.38A(4)
Power to request a copy of a completed food
safety template
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.38B(1)(a)
Duty to assess the application and determine which
class of food premises under section 19C the food
premises belongs
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.38B(1)(b)
Duty to ensure proprietor has complied with
requirements of section 38A
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.38B(2)
Duty to be satisfied of the matters in section
38B(2)(a)-(b)
a – food safety programs
b – requirements of the Food Act
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.38D(1)
Duty to ensure compliance with the applicable
provisions of section 38C and inspect the premises if
required by section 39
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
FOOD ACT 1984
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.38D(2)
Duty to be satisfied of the matters in section
38D(2)(a)-(d)
a – food safety program template correct
b – correct fee paid
c – all requirements of Act complied with d –
no other grounds for refusal
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.38D(3)
Power to request copies of any audit reports
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.38E(2)
Power to register the food premises on a
conditional basis
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
Not exceeding the prescribed time
limit defined under s. 38E(5)
s.38E(4)
Duty to register the food premises when conditions
are satisfied
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.38F(3)(b)
Power to require proprietor to comply with
requirements of this Act
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s 38G(1)
Power to require notification of change of the food
safety program type used for the food premises
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s 38G(2)
Function of receiving notice from proprietor if there is
a change of the food safety program type used for
the food premises
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s 38G(4)
Power to require the proprietor of the food premises
to comply with any requirement of the Act
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s 39(2)
Duty to carry out an inspection of the premises
during the period of registration before the
registration of the food premises is renewed
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
FOOD ACT 1984
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.39A
Power to register, renew or transfer food premises
despite minor defects
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
Only if satisfied of matters in s.
39A(2)(a)-(c)
s 39A(6)
Duty to comply with a direction of the Secretary
Director City Futures
Manager City Regulatory Services
s 40(1)
Duty to give the person in whose name the premises
is to be registered a certificate of registration
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.40(2)
Power to incorporate the certificate of registration
in one document with any certificate of registration
under Part 6 of the
Public Health and Wellbeing Act
2008
Director City Futures
Manager City Regulatory Services
s.40C(2)
Power to grant or renew the registration of food
premises for a period of less than 1 year
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.40D(1)
Power to suspend or revoke the registration of food
premises
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s. 40E
Duty to comply with direction of the Secretary
Director City Futures
Manager City Regulatory Services
s. 40F
Power to cancel registration of food premises
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s 43
Duty to maintain records of registration
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s.43F(6)
Duty to be satisfied that registration requirements
under Division 3 have been met prior to registering,
or renewing registration of a component of a food
business
Director City Futures
Manager City Regulatory Services
Where Council is the registration
authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
FOOD ACT 1984
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.43F(7)
Power to register the components of the food
business that meet requirements in Division 3 and
Power to refuse to register the components that do
not meet the requirements
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
s 45AC
Power to bring proceedings
Director City Futures
Manager City Regulatory Services
s.46(5)
Power to institute proceedings against another
person where the offence was due to an act or
default by that other person and Where the first
person charged could successfully defend a
prosecution, without proceedings first being
instituted against the person first charged
Director City Futures
Manager City Regulatory Services
Where Council is the registration authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
HERITAGE ACT 2017
Column 1
Column
2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.116
Power to sub-delegate Executive Director's
Functions, duties or Powers
Director City Futures
1. Subject to the condition that the
Executive Director employed
under Part 3 of the
Public
Administration Act 2004
for the
purposes of the
Heritage Act
2017
has:
a) delegated to Brimbank City
Council under section 116(1)
of the
Heritage Act 2017
for
the area in which a
registered place or
registered object is situated
any of the Executive
Director's Functions, duties
or Powers under this Part in
relation to that place or
object;
b) obtained the consent of the
Minister to the delegation
under section 116(1) of the
Heritage Act 2017
;
c) authorised Brimbank City
Council to sub-delegate
certain Functions, duties or
Powers to an officer of
Brimbank City Council;
d) provided consent to
Brimbank City Council sub
delegating certain Functions,
duties or Powers to the
officer of Brimbank City
Council.
S6 Instrument of Delegationfrom Council to Staff – December 2023
LOCAL GOVERNMENT ACT 1989
Column 1
Column 2
Column 3
Column 4
PROVISION
THING DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s. 185L(4) Power to declare and levy a cladding rectification charge
Chief Executive
Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.4B
Power to prepare an amendment to the
Victorian Planning Provisions
Not delegated
if authorised by the Minister,
subject to the restrictions
and Powers relating to the
preparation of amendments
in section 10.
s.4G
Function of receiving prescribed documents
and a copy of the Victorian Planning
Provisions from the Minister
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
s.4H
Duty to make amendment to Victorian
Planning Provisions available in
accordance with public availability
requirements
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
s.4I(2)
Duty to make a copy of the Victorian Planning
Provisions and other documents available in
accordance with public availability
requirements
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
s.8A(2)
Power to prepare amendment to the
planning scheme Where the Minister has
given consent under s.8A
Not delegated
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.8A(3)
Power to apply to Minister to prepare an
amendment to the planning scheme
Not delegated
Subject to any policy, protocol or
eligibility criteria set by Council
s.8A(5)
Function of receiving notice of the
Minister’s decision
Director City Futures
Manager City Development Services
Manager City Strategy
s.8A(7)
Power to prepare the amendment specified
in the application without the Minister’s
authorisation if no response received after
10 business days
Director City Futures
Manager City Strategy
s.8B(2)
Power to apply to the Minister for
authorisation to prepare an amendment to
the planning scheme of an adjoining
municipal district
Director City Futures
Manager City Strategy
s.12(3)
Power to carry out studies and do things to
ensure proper use of land and consult with
other persons to ensure co- ordination of
planning scheme with these persons
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
s.12B(1)
Duty to review planning scheme
Director City Futures
Subject to report to Council
s.12B(2)
Duty to review planning scheme at direction
of Minister
Director City Futures
Subject to report to Council
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.12B(5)
Duty to report findings of review of planning
scheme to Minister without delay
Director City Futures
Subject to any policy, protocol or
eligibility criteria set by Council
s.14
Duties of a Responsible Authority as set out in
subsections (a) to (d)
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Planner
Senior Development Planner
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Development Planner A
Development Planner B
Strategic Planner
Subdivision Officer
Planning Assistant
Manager City Regulatory Services
Municipal Building Surveyor
Coordinator Planning Compliance
Team Leader Development and Compliance
Senior Development Compliance Officer
Development Compliance Officer
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.17(1)
Duty of giving copy of amendment to the
planning scheme
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
Subject to any policy, protocol or
eligibility criteria set by Council
s.17(2)
Duty of giving copy of s.173 agreement
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Planner
Principal Strategic Planner
Senior Development Planner
Senior Strategic Planner
Strategic Sites Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
Subject to any policy, protocol or
eligibility criteria set by Council
s.17(3)
Duty of giving copy of amendment,
explanatory report and relevant documents
to the Minister within 10 business days
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.18
Duty to make amendment etc. available in
accordance with public availability
requirements
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Until the proposed amendment is
approved or lapsed
s.19
Power to give notice, to decide not to give
notice, to publish notice of amendment to a
planning scheme and to exercise any other
Power under section 19 to a planning
scheme
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Subject to any policy, protocol or
eligibility criteria set by Council
Where Council is not the planning
authority and the amendment affects
land within Council’s municipal
district; or
Where the amendment will amend the
planning scheme to designate Council
as an acquiring authority.
s.19
Function of receiving notice of preparation of
an amendment to a planning scheme
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Where Council is not the planning
authority and the amendment affects
land within Council's municipal district;
or
Where the amendment will amend the
planning scheme to designate
Council as an acquiring authority.
s.20(1)
Power to apply to Minister for exemption
from the requirements of section 19
Director City Futures
Subject to any policy, protocol or
eligibility criteria set by Council
Where Council is a planning authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.21 (2)
Duty to make submissions available in
accordance with public availability
requirements
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
Until the end of 2 months after the
amendment comes into operation or
lapses
s.21A(4)
Duty to publish notice in accordance with
section
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
s.22(1)
Duty to consider all submissions received
before the date specified in the notice
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
Subject to report to Council
except submissions which request a
change to the items in s.22(5)(a) and
(b)
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.22(2)
Power to consider a late submission
Duty to consider a late submission, if directed
by the Minister
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
s.23(1)(b)
Duty to refer submissions which request a
change to the amendment to a panel
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Subject to report to Council
s.23(2)
Power to refer to a panel submissions which
do not require a change to the amendment
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Subject to report to Council
s.24
Function to represent Council and present a
submission at a panel hearing (including a
hearing referred to in section 96D)
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
s.26(1)
Power to make report available for
inspection in accordance with public
availability requirements set out in s 197B
of the Act
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.26(2)
s.26(3)(b)
Duty to keep report of panel available for
inspection for 2 months in accordance with
public availability requirements
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
During the inspection period
s.27(2)
Power to apply for exemption if panel's
report not received
Director City Futures
s.28(1)
Duty to notify the Minister if abandoning an
amendment
Director City Futures
Manager City Strategy
Note: the Power to make a decision
to abandon an amendment cannot be
delegated
s. 28(2)
Duty to publish notice of the decision on
Internet site
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
s. 28(4)
Duty to make notice of the decision available
on Council’s Internet site for a period of at
least 2 months
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
s. 29
Power, after complying with Divisions 1 and
2 (public notice and submissions process) in
respect of an amendment or any part of it, to
adopt the amendment or that part with or
without changes
Not delegated
Decision to adopt amendment to be
made by Council resolution
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.30(4)(a) Duty to say if amendment has lapsed
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
s.30(4)(b)
Duty to provide information in writing upon
request
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
s.32(2)
Duty to give more notice if required
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
s.33(1)
Duty to give more notice of changes to an
amendment
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
s.36(2)
Duty to give notice of approval of
amendment
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.38(5)
Duty to give notice of revocation of an
amendment
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
s.39
Function of being a party to a proceeding
commenced under section 39 and Duty to
comply with determination by VCAT
Director City Futures
Manager City Strategy
s.40(1)
Function of lodging copy of approved
amendment
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
s.41(1)
Duty to make a copy of an approved
amendment available in accordance with the
public availability requirements during
inspection period
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s. 41(2)
Duty to make a copy of an approved
amendment and any documents lodged with it
available in person in accordance with the
requirements set out in s 197B of the Act after
the inspection period ends
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
Strategic Planner
s.42(2)
Duty to make copy of planning scheme
available in accordance with the public
availability requirements
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
s.46AW
Function of being consulted by the Minister
Chief Executive Officer
Director City Futures
Where Council is a responsible public
entity
s.46AX
Function of receiving a draft Statement of
Planning Policy and written direction in relation
to the endorsement of the draft Statement of
Planning Policy
Power to endorse the draft Statement of
Planning Policy
Chief Executive Officer
Director City Futures
Where Council is a responsible public
entity
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s. 46AZC(2)
Duty not to prepare an amendment to a
declared area planning scheme that is
inconsistent with a Statement of Planning
Policy for the declared area that is
expressed to be binding on the responsible
public entity
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
Where Council is a responsible public
entity
s. 46AZK
Duty not to act inconsistently with any
provision of the Statement of Planning
Policy that is expressed to be binding on the
public entity when performing a Function or
Duty or exercising a Power in relation to the
declared area
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Planner
Principal Strategic Planner
Senior Development Planner
Senior Strategic Planner
Strategic Sites Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
Where Council is a responsible public
entity
s.46GI(2)(b)(i)
Power to agree to a lower rate of standard
levy for a class of development of a
particular type of land than the rate specified
in a Minister's direction
Director City Futures
Where Council is the planning
authority, the municipal
Council of the municipal
district in which the land is
located and/or the
development agency
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.46GJ(1)
Function of receiving written directions from
the Minister in relation to the preparation and
content of infrastructure contributions plans
Chief Executive Officer
Director City Futures
s.46GK
Duty to comply with a Minister’s direction that
applies to Council as the planning authority
Chief Executive Officer
Director City Futures
s. 46GN(1) Duty to arrange for estimates of values of
inner public purpose land
Chief Executive Officer
Director City Futures
s.46GO(1) Duty to give notice to owners of certain inner
public purpose land
Chief Executive Officer
Director City Futures
s.46GP
Function of receiving a notice under s.46GO Chief Executive Officer
Director City Futures
Where Council is the collecting agency
s.46GQ
Function of receiving a submission from an
affected owner who objects to the estimated
value per hectare (or other appropriate unit of
measurement) of the inner public purpose
land
Chief Executive Officer
Director City Futures
s.46GR(1) Duty to consider every submission that is
made by the closing date for submissions
included in the notice under s.46GO
Chief Executive Officer
Director City Futures
s.46GR(2) Power to consider a late submission
Duty to consider a late submission if directed
to do so by the Minister
Chief Executive Officer
Director City Futures
s.46GS(1)
Power to accept or reject the estimate of the
value of the inner public purpose land in a
submission made under s.46GQ
Chief Executive Officer
Director City Futures
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.46GS(2)
Duty, if Council rejects the estimate of the
value of the inner public purpose land in the
submission, to refer the matter to the valuer
general, and notify the affected owner of the
rejection and that the matter has been
referred to the valuer- general
Chief Executive Officer
Director City Futures
s.46GT(2) Duty to pay half of the fee fixed by the
valuer-general for arranging and attending
the conference
Chief Executive Officer
Director City Futures
s.46GT(4) Function of receiving, from the valuer
general, written confirmation of the
agreement between the planning authority's
valuer and the affected owner's valuer as to
the estimated value of the inner public
purpose land
Chief Executive Officer
Director City Futures
s.46GT(6) Function of receiving, from the valuer
general, written notice of a determination
under s.46GT(5)
Chief Executive Officer
Director City Futures
s.46GU
Duty not to adopt an amendment under s.29
to an infrastructure contributions plan that
specifies a land credit amount or a land
equalisation amount that relates to a parcel
of land in the ICP plan area of the plan
unless the criteria in s.46GU(1)(a) and (b)
are met
Chief Executive Officer
Director City Futures
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.46GV(3) Function of receiving the monetary
component and any land equalisation
amount of the infrastructure contribution
Power to specify the manner in which the
payment is to be made
Chief Executive Officer
Director City Futures
Where Council is the collecting agency
s.46GV(3)(b) Power to enter into an agreement with the
applicant
Chief Executive Officer
Director City Futures
Where Council is the collecting agency
s.46GV(4)(a) Function of receiving the inner public
purpose land in accordance with s.46GV(5)
and (6)
Chief Executive Officer
Director City Futures
Where Council is the development
agency
s.46GV(4)(b)
Function of receiving the inner public
purpose land in accordance with s.46GV(5)
and (6)
Chief Executive Officer
Director City Futures
Where Council is the collecting agency
s.46GV(7)
Duty to impose the requirements set out in
s.46GV(3) and (4) as conditions on the
permit applied for by the applicant to
develop the land in the ICP plan area
Chief Executive Officer
Director City Futures
s.46GV(9)
Power to require the payment of a monetary
component or the provision of the land
component of an infrastructure contribution
to be secured to Council’s satisfaction
Chief Executive Officer
Director City Futures
Where Council is the collecting agency
46GX(1)
Power to accept, works, services or facilities
in part or full satisfaction of the monetary
component of an infrastructure contribution
payable
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Where Council is the collecting
agency
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.46GX(2) Duty, before accepting the provision of
works, services or facilities by an applicant
under s.46GX(1), to obtain the agreement of
the development agency or agencies
specified in the approved infrastructure
contributions plan
Chief Executive Officer
Director City Futures
Where Council is the collecting
agency
s.46GY(1) Duty to keep proper and separate accounts
and records
Chief Executive Officer
Director City Futures
Where Council is the collecting
agency
s.46GY(2) Duty to keep the accounts and records in
accordance with the Local Government Act
2020
Chief Executive Officer
Director City Futures
Where Council is the collecting agency
s.46GZ(2)(a) Duty to forward any part of the monetary
component that is imposed for plan
preparation costs to the planning authority
that incurred those costs
Chief Executive Officer
Director City Futures
Where Council is the collecting agency
under an approved infrastructure
contributions plan
This Duty does not apply Where
Council is that planning authority
s.46GZ(2)(a) Function of receiving the monetary
component
Chief Executive Officer
Director City Futures
Where the Council is the planning
authority
this Duty does not apply Where
Council is also the collecting agency
s.
46GZ(2)(b) Duty to forward any part of the monetary
component that is imposed for plan
preparation costs to the planning authority
that incurred those costs
Director City Futures
Manager City Development Services
Director Corporate Services
Manager Finance
Where Council is a the collecting
agency under an approved
infrastructure contributions plan
This provision does not apply Where
Council is also the relevant
development agency
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.46GZ(2)(b) Function of receiving the monetary
component
Chief Executive Officer
Director City Futures
Where Council is the development
agency under an approved
infrastructure contributions plan
This provision does not apply Where
Council is also the collecting agency
s.46GZ(4) Duty to use any land equalisation amounts
to pay land credit amounts under s.46GZ(7),
except any part of those amounts that are to
be forwarded to a development agency
under s.46GZ(5)
Chief Executive Officer
Director City Futures
Where Council is the collecting
agency under an approved
infrastructure contributions plan
s.46GZ(5) Duty to forward any part of a land
equalisation amount required for the
acquisition of outer public purpose land by a
development agency specified in the
approved infrastructure contributions plan to
that development agency
Director City Futures
Manager City Development Services
Director Corporate Services
Manager Finance
Where Council is the collecting agency
under an approved infrastructure
contributions plan
This provision does not apply Where
Council is also the relevant
development agency
s.46GZ(5) Function of receiving any part of a land
equalisation amount required for the
acquisition of outer public purpose land
Chief Executive Officer
Director City Futures
Where Council is the development
agency specified in the approved
infrastructure contributions plan.
This provision does not apply Where
Council is also the collecting agency.
s.46GZ(7) Duty to pay to each person who must provide
an infrastructure contribution under the
approved infrastructure contributions plan
any land credit amount to which the person is
entitled under s.46GW
Chief Executive Officer
Director City Futures
Where Council is the collecting agency
under an approved infrastructure
contributions plan
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.
46GZ(9)
Duty to transfer the estate in fee simple in
the land to a the development agency
specified in the approved infrastructure
contributions plan as responsible for the
use and development of that land
Director City Futures
Manager City Development Services
Manager City Strategy
Director Corporate Services Manager Finance
if any inner public purpose land is
vested in Council under the Subdivision
Act 1988 or acquired by Council before
the time it is required to be provided to
Council under s.46GV(4)
Where Council is the collecting
agency under an approved
infrastructure contributions plan
this Duty does not apply Where
Council is also the development
agency
s.46GZ(9) Function of receiving the fee simple in the
land
Chief Executive Officer
Director City Futures
Where Council is the development
agency under an approved
infrastructure contributions plan
This Duty does not apply Where
Council is also the collecting agency
s.46GZA(1)
Duty to keep proper and separate accounts
and records
Chief Executive Officer
Director City Futures
Where Council is a development
agency under an approved
infrastructure contributions plan
approved infrastructure contributions
plan
s.
46GZA(2)
Duty to keep the accounts and records in
accordance with the
Local Government Act
2020
Director City Futures
Manager City Development Services
Where Council is a development
agency under an approved
infrastructure contributions plan
s.46GZB(3) Duty to follow the steps set out in
s.46GZB(3)(a) – (c)
Chief Executive Officer
Director City Futures
Where Council is a development agency
under an approved infrastructure
contributions plan
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s46GZB(4) Duty, in accordance with requirements of
the VPA, to report on the use of the
infrastructure contribution in the
development agency’s annual report and
provide reports on the use of the
infrastructure contribution to the VPA
Director City Futures
Manager City Development Services
Director Corporate Services
Manager Finance
if the VPA is the collecting agency
under an approved infrastructure
contributions plan
Where Council is a development
agency under an approved
infrastructure contributions plan
s.46GZD(2)
Duty, within 6 months after the date on which
the approved infrastructure contributions plan
expires, to follow the steps set out in
s.46GZD(2)(a) and (b)
Chief Executive Officer
Director City Futures
Where Council is the development
agency under an approved
infrastructure contributions plan
s.46GZD(3)
Duty to follow the steps set out in
s.46GZD(3)(a) and (b)
Chief Executive Officer
Director City Futures
Where Council is the collecting agency
under an approved infrastructure
contributions plans approved
infrastructure contributions plan
s.
46GZD(5)
Duty to make payments under s.46GZD(3)
in accordance with ss.46GZD(5)(a) and
46GZD(5)(b)
Director City Futures
Manager City Development Services
Director Corporate Services
Manager Finance
Where Council is the collecting agency
under an approved infrastructure
contributions plan
s
46GZE(2)
Duty to forward the land equalisation
amount back to the collecting agency within
6 months after the expiry date if any part of
a land equalisation amount paid or
forwarded to a development agency for
acquiring outer public purpose land has not
been expended by the development agency
to acquire that land at the date on which the
approved infrastructure contributions plan
expires
Director City Futures
Manager City Development Services
Director Corporate Services
Manager Finance
Where Council is the development
agency under an approved
infrastructure contributions plan
This Duty does not apply Where
Council is also the
collecting agency
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
46GZE(2) Function of receiving the unexpended land
equalisation amount
Chief Executive Officer
Director City Futures
Where Council is the collecting
agency under an approved
infrastructure contributions plan
This Duty does not apply Where
Council is also the development
agency
s.46GZE(3) Duty, within 12 months after the date on
which the approved infrastructure
contributions plan expires, to follow the
steps set out in s.46GZE(3)(a) and (b)
Chief Executive Officer
Director City Futures
Where Council is the collecting
agency under an approved
infrastructure contributions plan
s.46GZF(2) Duty, within 12 months after the date on
which the approved infrastructure
contributions plan expires, to use the public
purpose land for a public purpose approved
by the Minister or sell the public purpose land
Chief Executive Officer
Director City Futures
Where Council is the development
agency under an approved
infrastructure contributions plan
s.46GZF(3) Duty, if land is sold under s.46GZF(2)(b), to
follow the steps in s.46GZF(3)(a) and (b)
Chief Executive Officer
Director City Futures
Where Council is the development
agency under an approved
infrastructure contributions plan
s.46GZF(3) Function of receiving proceeds of sale
Chief Executive Officer
Director City Futures
Where Council is the collection
agency under an approved
infrastructure contributions plan
This provision does not apply Where
Council is also the development
agency this provision does not apply
Where Council is also the
development agency
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.46GZF(4) Duty to divide the proceeds of the public
purpose land among the current owners of
each parcel of land in the ICP plan area and
pay each current owner a portion of the
proceeds in accordance with s.46GZF(5)
Chief Executive Officer
Director City Futures
Where Council is the collecting agency
under an approved infrastructure
contributions plan
s.46GZF(6) Duty to make the payments under
s.46GZF(4) in accordance with
s.46GZF(6)(a) and (b)
Chief Executive Officer
Director City Futures
Where Council is the collecting agency
under an approved infrastructure
contributions plan
s.46GZH
Power to recover the monetary component,
or any land equalisation amount of the land
component, payable under Part 3AB as a
debt in any court of competent jurisdiction
Chief Executive Officer
Director City Futures
Where Council is the collecting agency
under an approved infrastructure
contributions plan
s.46GZI
Duty to prepare and give a report to the
Minister at the times required by the Minister
Director City Futures
Manager City Development Services
Director Corporate Services
Manager Finance
Where council is a collecting agency
or development agency
s.46GZK
Power to deal with public purpose land which
has vested in, been acquired by, or
transferred to, Council
Chief Executive Officer
Director City Futures
Where Council is a collecting agency
or development agency
s.46LB(3) Duty to publish, on Council’s Internet site, the
payable dwelling amount for a financial year
on or before 1 July of each financial year for
which the amount is adjusted under s.46LB
(2)
Director City Futures
Manager City Development Services
Development Contributions Plans Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.46N(1)
Duty to include condition in permit regarding
payment of development infrastructure levy
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Coordinator Planning Compliance
E-Planning Implementation Officer
s.46N(2)(c)
Function of determining time and manner
for receipt of development contributions
levy
Director City Futures
Manager City Development Services
Coordinator City Planning
Development Contributions Plan Officer
s.46N(2)(d) Power to enter into an agreement with the
applicant regarding payment of
development infrastructure levy
Director City Futures
Manager City Development Services
s.46O(1)(a)&
(2)(a)
Power to ensure that community
infrastructure levy is paid, or agreement is in
place, prior to issuing building permit
Director City Futures
Manager City Development Services
s.46O(1)(d)
& (2)(d)
Power to enter into agreement with the
applicant regarding payment of community
infrastructure levy
Director City Futures
Manager City Development Services
s.46P(1)
Power to require payment of amount of levy
under section 46N or section46O to be
satisfactorily secured
Director City Futures
Manager City Development Services
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.46P(2)
Power to accept provision of land, works,
services or facilities in part or full payment of
levy payable
Director City Futures
Manager City Development Services
s.46Q(1)
Duty to keep proper accounts of levies paid
Director City Futures
Manager City Development Services
Director Corporate Services
Manager Finance
Development Contributions Plan Officer
s.46Q(1A) Duty to forward to development agency part
of levy imposed for carrying out works,
services, or facilities on behalf of
development agency or plan preparation
costs incurred by a development agency
Director City Futures
Manager City Development Services
Director Corporate Services
Manager Finance
Development Contributions Plan Officer
s.46Q(2)
Duty to apply levy only for a purpose
relating to the provision of plan preparation
cost or the works, services and facilities in
respect of which the levy was paid etc.
Director City Futures
Manager City Development Services
s.46Q(3)
Power to refund any amount of levy paid if it
is satisfied the development is not to
proceed
Director City Futures
Manager City Development Services
Only applies when levy is paid to
Council as a 'development agency'
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.46Q(4)(c)
Duty to pay amount to current owners of
Director City Futures
Must be done within six months of
land in the area if an amount of levy has Manager City Development Services
the end of the period required by
been paid to a municipal council as a
the development contributions
development agency for plan preparation
plan and with the consent of, and
costs incurred by the council or for the
in the manner approved by, the
provision by the council of works,
Minister
services or facilities in an area under
s.46Q(4)(a)
s.46Q(4)(d) Duty to submit to the Minister an
amendment to the approved development
contributions plan
Director City Futures
Manager City Development Services
Manager City Strategy
Must be done in accordance with Part
3
s46Q(4)(e)
Duty to expend that amount on other works
etc.
Director City Futures
Manager City Development Services
Manager City Strategy
With the consent of, and in the manner
approved by, the Minister
s.46QC
Power to recover any amount of levy payable
under Part 3B
Director City Futures
Manager City Development Services
s.46QD
Duty to prepare report and give a report to
the Minister
Director City Futures
Manager City Development Services
Director Corporate Services
Manager Finance
Where council is a collecting agency
or development agency
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.46V(3)
Duty to make a copy of the approved
strategy plan (being the Melbourne Airport
Environs Strategy Plan) and any documents
lodged with it available in accordance with
the public availability requirements, during
the inspection period
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Planner
Principal Strategic Planner
Senior Development Planner
Senior Strategic Planner
Strategic Sites Officer
Development Planner A
Development Planner B
Strategic Planner
Subdivision Officer
Planning Assistant
Coordinator Planning Compliance
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.46V(4)
Duty to make a copy of the approved strategy
plan (being the Melbourne Airport Environs
Strategy Plan) and any documents lodged with
it available in accordance with s 197B of the
Act and on payment of the prescribe fee, after
the inspection period
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Planner
Principal Strategic Planner
Senior Development Planner
Senior Strategic Planner
Strategic Sites Officer
Development Planner A
Development Planner B
Strategic Planner Subdivision Officer
Planning Assistant
Coordinator Planning Compliance
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.46V(5)
Duty to keep a copy of the approved strategy
plan incorporating all amendments to it
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Planner
Principal Strategic Planner
Senior Development Planner
Senior Strategic Planner
Strategic Sites Officer
Development Planner A
Development Planner B
Strategic Planner
Subdivision Officer
Planning Assistant
Coordinator Planning Compliance
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.46V(6)
Duty to make a copy of the approved strategy
plan incorporating all amendments to it
available in accordance with the public
available requirements
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Planner
Principal Strategic Planner
Senior Development Planner
Senior Strategic Planner
Strategic Sites Officer
Development Planner A
Development Planner B
Strategic Planner
Subdivision Officer
Planning Assistant
Coordinator Planning Compliance
E-Planning Implementation Officer
s.46Y
Duty to carry out works in conformity with the
approved strategy plan
Director City Futures
Manager City Development Services
Manager City Strategy
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.47
Power to decide that an application for a
planning permit does not comply with that
Act
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Senior Subdivision Officer
Planning Assistant
Coordinator Planning Compliance
E-Planning Implementation Officer
s.49(1)
Duty to keep a register of all applications for
permits and determinations relating to permits
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
E-Planning Implementation Officer
s.49(2)
Duty to make register available for inspection in
accordance with the public availability
requirements
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.50(4)
Duty to amend application
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Senior Subdivision Officer
Planning Assistant
Coordinator Planning Compliance
E-Planning Implementation Officer
s.50(5)
Power to refuse to amend application
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Coordinator Planning Compliance
s.50(6)
Duty to make note of amendment to
application in register
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.50A(1)
Power to make amendment to application
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
E-Planning Implementation Officer
Coordinator Planning Compliance
s.50A(3)
Power to require applicant to notify owner and
make a declaration that notice has been given
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
s.50A(4)
Duty to note amendment to application in
register
Director City Futures Manager
City Development Services
Coordinator City Planning
Principal Planner
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.51
Duty to make copy of application available
for inspection in accordance with the public
availability requirements
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
s.52(1)(a) Duty to give notice of the application to
owners/occupiers of adjoining allotments
unless satisfied that the grant of permit
would not cause material detriment to any
person
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.52(1)(b) Duty to give notice of the application to other
municipal Councils Where appropriate
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
s.52(1)(c) Duty to give notice of the application to all
persons required by the planning scheme
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.52(1)(ca) Duty to give notice of the application to
owners and occupiers of land benefited by a
registered restrictive covenant if may result
in breach of covenant
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
s.52(1)(cb) Duty to give notice of the application to
owners and occupiers of land benefited by a
registered restrictive covenant if application
is to remove or vary the covenant
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.52(1)(d) Duty to give notice of the application to
other persons who may be detrimentally
affected
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
s.52(1AA) Duty to give notice of an application to
remove or vary a registered restrictive
covenant
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.52(3)
Power to give any further notice of an
application where appropriate
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
s.53(1)
Power to require the applicant to give
notice under section 52(1) to persons
specified by it
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.53(1A)
Power to require the applicant to give the
notice under section 52(1AA)
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
s.54(1)
Power to require the applicant to provide
more information
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.54(1A)
Duty to give notice in writing of information
required under s.54(1)
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
s.54(1B)
Duty to specify the lapse date for an
application
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
s.54A(3)
Power to decide to extend time or refuse to
extend time to give required information
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.54A(4)
Duty to give written notice of decision to
extend or refuse to extend time under
section 54A(3)
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
s.55(1)
Duty to give copy application, together with
the prescribed information, to every referral
authority specified in the planning scheme
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
s.57(2A)
Power to reject objections considered made
primarily for commercial advantage for the
objector
Director City Futures
Manager City Development Services
Coordinator City Planning
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.57(3)
Function of receiving name and address of
persons to whom notice of decision is to go
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
s.57(5)
Duty to make a copy of all objections
available in accordance with the public
availability requirements
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.57A(4)
Duty to amend application in accordance
with applicant's request, subject to section
57A(5)
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
s.57A(5)
Power to refuse to amend application
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.57A(6)
Duty to note amendments to application in
register
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.57B(1)
Duty to determine whether and to whom
notice should be given
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
s.57B(2)
Duty to consider certain matters in
determining whether notice should be given
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.57C(1)
Duty to give copy of amended application to
referral authority
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.58
Duty to consider every application for a
permit
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
s.58A
Power to request advice from the Planning
Application Committee
Director City Futures
Manager City Development Services
s.60
Duty to consider certain matters
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s60(1A)
Power to consider certain matters before
deciding on application
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
s.60(1B)
Duty to consider number of objectors in
considering whether use or development
may have significant social effect
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Coordinator Planning Compliance
s.61(1)
Power to determine permit application,
either to decide to grant a permit, to decide
to grant a permit with conditions or to refuse
a permit application.
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Coordinator Planning Compliance
E-Planning Implementation Officer
to grant/grant with conditions - if less
than 10 objections
to refuse – no limit on objections
The permit must not be
inconsistent with a cultural
heritage management plan under
the
Aboriginal Heritage Act
2006
s.61(2)
Duty to decide to refuse to grant a permit if a
relevant determining referral authority
objects to grant of permit
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.61(2A)
Power to decide to refuse to grant a permit if
a relevant recommending referral authority
objects to the grant of permit
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Coordinator Planning Compliance
s.61(3)(a)
Duty not to decide to grant a permit to use
coastal Crown land without Minister’s
consent
Director City Futures
Manager City Development Services
s.61(3)(b) Duty to refuse to grant the permit without
the Minister's consent
Director City Futures
Manager City Development Services
s.61(4)
Duty to refuse to grant the permit if grant
would authorise a breach of a registered
restrictive covenant
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
s.62(1)
Duty to include certain conditions in deciding
to grant a permit
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Coordinator Planning Compliance
E-Planning Implementation Officer
s.62(2)
Power to include other conditions
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.62(4)
Duty to ensure conditions are consistent
with paragraphs (a),(b) and (c)
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.62(5)(a) Power to include a permit condition to
implement an approved development
contributions plan or an approved
infrastructure contributions plan
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.62(5)(b) Power to include a permit condition that
specified works be provided on or to the
land or paid for in accordance with section
173 agreement
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.62(5)(c) Power to include a permit condition that
specified works be provided or paid for by
the applicant
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.62(6)(a) Duty not to include a permit condition
requiring a person to pay an amount for or
provide works except in accordance with
ss.46N(1), 46GV(7) or s.62(5)
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.62(6)(b) Duty not to include a permit condition
requiring a person to pay an amount for or
provide works except a condition that a
planning scheme requires to be included as
referred to in s.62(1)(a)
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.62(6)(c) Duty not to include a permit condition
requiring a person to pay an amount for or
provide works except a condition that a
determining referral authority requires to be
included as referred to in s.62(1)(a)
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.63
Duty to issue the permit Where made a
decision in favour of the application (if no
one has objected)
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.64(1)
Duty to give notice of decision to grant a
permit to applicant and objectors
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
this provision applies also to a decision
to grant an amendment to a permit –
see section 75A
s.64(3)
Duty not to issue a permit until after the
specified period
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
This provision applies also to a
decision to grant an amendment to a
permit – see section 75
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.64(5)
Duty to give each objector a copy of an
exempt decision
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
This provision applies also to a
decision to grant an amendment to a
permit – see section 75
s.64A
Duty not to issue permit until the end of a
period when an application for review may
be lodged with VCAT or until VCAT has
determined the application, if a relevant
recommending referral authority has
objected to the grant of a permit
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
This provision applies also to a
decision to grant an amendment to a
permit – see section 75A
s.65(1)
Duty to give notice of refusal to grant permit
to applicant and person who objected under
section 57
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Planning Support Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.66(1)
Duty to give notice under section 64 or
section 65 and copy permit to relevant
determining referral authorities
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Planning Support Officer
S.66(2)
Duty to give a recommending referral
authority notice of its decision to grant a
permit
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Planning Support Officer
If the recommending referral authority
objected to the grant of the permit or
the responsible authority decided not
to include a condition on the permit
recommended by the recommending
referral authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.66(4)
Duty to give a recommending referral
authority notice of its decision to refuse a
permit
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Planning Support Officer
If the recommending referral authority
objected to the grant of the permit or
the recommending referral authority
recommended that a permit condition
be included on the permit
s.66(6)
Duty to give a recommending referral
authority a copy of any permit which Council
decides to grant and a copy of any notice
given under section 64 or 65
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Planning Support Officer
If the recommending referral authority
did not object to the grant of the permit
or the recommending referral authority
did not recommend a condition be
included on the permit
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.69(1)
Function of receiving application for
extension of time of permit
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
s.69(1A)
Function of receiving application for
extension of time to complete development
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
s.69(2)
Power to extend time
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.70
Duty to make copy permit available in
accordance with the public availability
requirements
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
s.71(1)
Power to correct certain mistakes
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.71(2)
Duty to note corrections in register
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.72
Function of receiving an application for an
amendment to a permit
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.73
Power to decide to grant amendment
subject to conditions
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
If less than 10 objections
s.74
Duty to issue amended permit to applicant if
no objectors
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Planning Support Officer
s.76
Duty to give applicant and objectors
notice of decision to refuse to grant
amendment to permit
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Planning Support Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.76A(1)
Duty to give relevant determining referral
authorities copy of amended permit and copy
of notice
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Planning Support Officer
s.76A(2)
Duty to give a recommending referral
authority notice of its decision to grant an
amendment to a permit
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Planning Support Officer
If the recommending referral authority
objected to the amendment of the
permit or the responsible authority
decided not to include a condition on
the amended permit recommended by
the recommending referral authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.76A(4)
Duty to give a recommending referral
authority notice of its decision to refuse a
permit
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Planning Support Officer
If the recommending referral authority
objected to the amendment of the
permit or the recommending referral
authority recommended that a permit
condition be included on the amended
permit
s.76A(6)
Duty to give a recommending referral
authority a copy of any amended permit
which Council decides to grant and a copy
of any notice given under section 64 or 76
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Planning Support Officer
If the recommending referral authority
did not object to the amendment of
the permit or the recommending
referral authority did not recommend
a condition be included on the
amended permit
s.76D
Duty to comply with direction of Minister to
issue amended permit
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.83
Function of being respondent to an appeal
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
s.83B(b)
Duty to give or publish notice of application
for review
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.84(1)
Power to decide on an application at any
time after an appeal is lodged against failure
to grant a permit
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
To support/support with conditions - if
less than 10 objections
To refuse – no limit on objections
The permit must not be
inconsistent with a cultural
heritage management plan under the
Aboriginal Heritage Act
2006
s.84(2)
Duty not to issue a permit or notice of
decision or refusal after an application is
made for review of a failure to grant a
permit
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.84(3)
Duty to tell principal registrar if decide to
grant a permit after an application is made
for review of its failure to grant a permit
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
s.84(6)
Duty to issue permit on receipt of advice
within 3 business days
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.84AB
Power to agree to confining a review by the
Tribunal
Director City Futures
Manager City Development Services
Coordinator City Planning
s.86
Duty to issue a permit at order of Tribunal
within 3 business days
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.87(3)
Power to apply to VCAT for the cancellation
or amendment of a permit
Director City Futures
Manager City Development Services
Coordinator City Planning
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.90(1)
Function of being heard at hearing of request
for cancellation or amendment of a permit
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Manager City Regulatory Services
Municipal Building Surveyor
s.91(2)
Duty to comply with the directions of VCAT
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Manager City Regulatory Services
Municipal Building Surveyor
s.91(2A)
Duty to issue amended permit to owner if
Tribunal so directs
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.92
Duty to give notice of cancellation/
amendment of permit by VCAT to persons
entitled to be heard under s.90
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
s.93(2)
Duty to give notice of VCAT order to stop
development
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Manager City Regulatory Services
Municipal Building Surveyor
Coordinator Planning Compliance
Principal Planning Compliance Officer
Senior Planning Compliance Officer
Planning Compliance Officer
s.95(3)
Function of referring certain applications to
the Minister
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.95(4)
Duty to comply with an order or direction
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.96(1)
Duty to obtain a permit from the Minister to
use and develop its land
Director City Futures
Manager City Development Services
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Manager Assets, Capital Works and Property Services
s.96(2)
Function of giving consent to other persons
to apply to the Minister for a permit to use
and develop Council land
Director City Futures
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Manager Assets, Capital Works and Property Services
s.96A(2)
Power to agree to consider an application for
permit concurrently with preparation of
proposed amendment
Director City Futures
Manager City Development Services
Manager City Strategy
s.96C
Power to give notice, to decide not to give
notice, to publish notice and to exercise any
other Power under section 96C
Director City Futures
Manager City Development Services
Manager City Strategy
s.96F
Duty to consider the panel’s report under
section 96E
Director City Futures
Manager City Development Services
Manager City Strategy
Subject to report to Council
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.96G(1)
Power to determine to recommend that a
permit be granted or to refuse to
recommend that a permit be granted and
Power to notify applicant of the
determination (including Power to give
notice under section 23 of the
Planning and
Environment (Planning Schemes) Act 1996)
Not delegated
Power to be exercised by Council
resolution
s.96H(3)
Power to give notice in compliance with
Minister’s direction
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Senior Strategic Planner
s.96J
Duty to issue permit as directed by the
Minister
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
s.96K
Duty to comply with direction of the Minister
to give notice of refusal
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Planner
Principal Strategic Planner
s.96Z
Duty to keep levy certificates given to it
under ss. 47 or 96A for no less than 5 years
from receipt of the certificate
Director City Futures
Manager City Development Services
Coordinator City Planning
s.97C
Power to request Minister to decide the
application
Not delegated
Power to be exercised by Council
resolution
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.97D(1)
Duty to comply with directions of Minister to
supply any document or assistance relating
to application
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Planner
Principal Strategic Planner
s.97G(3)
Function of receiving from Minister copy of
notice of refusal to grant permit or copy of
any permit granted by the Minister
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Planner
Principal Strategic Planner
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.97G(6)
Duty to make a copy of permits issued by
Minister under s.97F available in accordance
with the public availability requirements
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Planner
Principal Strategic Planner
Senior Development Planner
Senior Strategic Planner
Strategic Sites Officer
Development Planner A
Development Planner B
Strategic Planner
Planning Assistant
Subdivision Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
s.97L
Duty to include Ministerial decisions in a
register kept under section 49
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
s.97MH
Duty to provide information or assistance to
the Planning Application Committee
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.97MI
Duty to contribute to the costs of the
Planning Application Committee or
subcommittee
Director City Futures
Manager City Development Services
Manager City Strategy
s.97O
Duty to consider application and issue or
refuse to issue certificate of compliance
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
s.97P(3)
Duty to comply with directions of VCAT
following an application for review of a
failure or refusal to issue a certificate
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.97Q(2)
Function of being heard by VCAT at hearing
of request for amendment or cancellation of
certificate
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
s.97Q(4)
Duty to comply with directions of VCAT
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.97R
Duty to keep register of all applications for
certificate of compliance and related
decisions
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
E Planning Implementation Officer
s.98(1)&(2)
Function of receiving claim for
compensation in certain circumstances
Director City Futures
Manager City Development Services
Manager City Strategy
s.98(4)
Duty to inform any person of the name of the
person from whom compensation can be
claimed
Director City Futures
Manager City Development Services
Manager City Strategy
s.101
Function of receiving claim for expenses in
conjunction with claim
Director City Futures
Manager City Development Services
Manager City Strategy
s.103
Power to reject a claim for compensation in
certain circumstances
Director City Futures
Manager City Development Services
Manager City Strategy
s.107(1)
Function of receiving claim for compensation
Director City Futures
Manager City Development Services
Manager City Strategy
s.107(3)
Power to agree to extend time for making
claim
Director City Futures
Manager City Development Services
Manager City Strategy
s 113(2)
Power to request a declaration for land to be
proposed to be reserved for public purposes
Director City Futures
Manager Engineering and Infrastructure
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.114(1)
Power to apply to the VCAT for an
enforcement order
Director City Futures
Manager City Development Services
Manager City Regulatory Services
Municipal Building Surveyor
Coordinator Planning Compliance
Principal Planning Compliance Officer
Senior Planning Compliance Officer
Planning Compliance Officer
s.117(1)(a) Function of making a submission to the
VCAT Where objections are received
Director City Futures
Manager City Development Services
Manager City Regulatory Services
Municipal Building Surveyor
Coordinator Planning Compliance
Principal Planning Compliance Officer
Senior Planning Compliance Officer
Planning Compliance Officer
s.120(1)
Power to apply for an interim enforcement
order Where section 114 application has
been made
Director City Futures
Manager City Development Services
Manager City Regulatory Services
Municipal Building Surveyor
Coordinator Planning Compliance
s.123(1)
Power to carry out work required by
enforcement order and recover costs
Director City Futures
Manager City Development Services
Manager City Regulatory Services
Municipal Building Surveyor
Coordinator Planning Compliance
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.123(2)
Power to sell buildings, materials, etc
salvaged in carrying out work under
section123(1)
Director City Futures
Director Infrastructure and City Services
Except Crown Land
s.129
Function of recovering penalties
Director City Futures
Manager City Development Services
Coordinator Planning Compliance
Principal Planning Compliance Officer
Senior Planning Compliance Officer
Planning Compliance Officer
s.130(5)
Power to allow person served with an
infringement notice further time
Director City Futures
Manager City Development Services
Coordinator Planning Compliance
Principal Planning Compliance Officer
s.149A(1)
Power to refer a matter to the VCAT for
determination
Director City Futures
Manager City Development Services
Coordinator City Planning
Coordinator Planning Compliance
s.149A(1A)
Power to apply to VCAT for the determination
of a matter relating to the interpretation of a
section 173 agreement
Director City Futures
Manager City Development Services
Manager City Strategy
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.156
Duty to pay fees and allowances (including a
payment to the Crown under subsection
(2A)), and payment or reimbursement for
reasonable costs and expenses incurred by
the panel in carrying out its Functions
unless the Minister directs otherwise under
subsection (2B), Power to ask for
contribution under subsection (3) and Power
to abandon amendment or part of it under
subsection (4)
Director City Futures
Manager City Strategy
Coordinator Strategic Planning
Principal Strategic Planner
Where Council is the relevant
planning authority
s.171(2)(f)
Power to carry out studies and commission
reports
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Planner
Principal Strategic Planner
s.171(2)(g)
Power to grant and reserve easements
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Principal Planner
Senior Development Planner
s.172C
Power to compulsorily acquire any outer
public purpose land that is specified in the
approved infrastructure contributions plan
Chief Executive Officer
Director City Futures
Where Council is a development
agency specified in an approved
infrastructure contributions plan
s.172D(1) Power to compulsorily acquire any inner
public purpose land that is specified in the
plan before the time that the land is required
to be provided to Council under s.46GV(4)
Chief Executive Officer
Director City Futures
Where Council is a collecting agency
specified in an approved infrastructure
contributions plan
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.172D(2) Power to compulsorily acquire any inner
public purpose land, the use and
development of which is to be the
responsibility of Council under the plan,
before the time that the land is required to
be provided under s.46GV(4)
Chief Executive Officer
Director City Futures
Where Council is the development
agency specified in an approved
infrastructure contributions plan
s.173(1)
Power to enter into agreement covering
matters set out in section174
Director City Futures
Manager City Development Services
Manager City Strategy
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Power to be exercised by Council
Resolution with the exception of:
a. Agreement relating to building
over easement and related
matters – delegated to Director
Infrastructure and City Services
and Manager Engineering and
Infrastructure
b. Any agreement in accordance
with Council’s adopted budget,
and/or which does not commit
Council to any payment, cost
or financial obligation.
s. 173(1A)
Power to enter into an agreement with an
owner of land for the development or provision
of land in relation to affordable housing
Director City Futures
Manager City Development Services
Manager City Strategy
Power to decide whether something is to
the satisfaction of Council, Where an
agreement made under section 173 of the
Planning and Environment Act
1987
requires something to be to the satisfaction
of Council or Responsible Authority
Director City Futures
Manager City Development Services
Manager City Strategy
Director Infrastructure and City Services
Manager Engineering and Infrastructure
S6 Instrument of Delegationfrom Council to Staff – December 2023
Power to give consent on behalf of Council,
Where an agreement made under section
173 of the
Planning and Environment Act
1987 requires that something may not be
done without the consent of Council or
Responsible Authority
Director City Futures
Manager City Development Services
Manager City Strategy
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s.177(2)
Power to end a section 173 agreement with
the agreement of all those bound by any
covenant in the agreement or otherwise in
accordance with Division 2 of Part 9
Director City Futures
Manager City Development Services
Manager City Strategy
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s.178
Power to amend a s.173 agreement with the
agreement of all those bound by any
covenant in the agreement or otherwise in
accordance with Division 2 of Part 9
Director City Futures
Manager City Development Services
Manager City Strategy
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s.178A(1)
Function of receiving application to amend
or end an agreement
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.178A(3)
Function of notifying the owner as to
whether it agrees in principle to the
proposal under s.178A(1)
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.178A(4)
Function of notifying the applicant and the
owner as to whether it agrees in principle to
the proposal
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.178A(5)
Power to propose to amend or end an
agreement
Director City Futures
Manager City Development Services
Manager City Strategy
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s.178B(1)
Duty to consider certain matters when
considering proposal to amend an
agreement
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.178B(2)
Duty to consider certain matters when
considering proposal to end an agreement
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.178C(2)
Duty to give notice of the proposal to all
parties to the agreement and other persons
who may be detrimentally affected by
decision to amend or end
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.178C(4)
Function of determining how to give notice
under s.178C(2)
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.178E(1)
Duty not to make decision until after 14
days after notice has been given
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.178E(2)(a)
Power to amend or end the agreement in
accordance with the proposal
Director City Futures
Manager City Development Services
Coordinator City Planning
If no objections are made under
s.178D. Must consider matters in
s.178B.
s.178E(2)(b)
Power to amend or end the agreement in a
manner that is not substantively different
from the proposal
Director City Futures
Manager City Development Services
Coordinator City Planning
If no objections are made under
s.178D. Must consider matters in
s.178B.
s.178E(2)(c)
Power to refuse to amend or end the
agreement
Director City Futures
Manager City Development Services
Coordinator City Planning
If no objections are made under
s.178D. Must consider matters in
s.178B.
s.178E(3)(a)
Power to amend or end the agreement in
accordance with the proposal
Director City Futures
Manager City Development Services
Coordinator City Planning
After considering objections,
submissions and matters in s.178B.
s.178E(3)(b)
Power to amend or end the agreement in a
manner that is not substantively different
from the proposal
Director City Futures
Manager City Development Services
Coordinator City Planning
After considering objections,
submissions and matters in
s.178B.
s.178E(3)(c)
Power to amend or end the agreement in a
manner that is substantively different from
the proposal
Director City Futures
Manager City Development Services
After considering objections,
submissions and matters in
s.178B.
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.178E(3)(d)
Power to refuse to amend or end the
agreement
Director City Futures
Manager City Development Services
Coordinator City Planning
After considering objections,
submissions and matters in s.178B.
s.178F(1)
Duty to give notice of its decision under
s.178E(3)(a) or (b)
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.178F(2)
Duty to give notice of its decision under
s.178E(2)(c) or (3)(d)
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.178F(4)
Duty not to proceed to amend or end an
agreement under s.178E until at least 21
days after notice has been given or until an
application for review to the Tribunal has
been determined or withdrawn
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
s.178G
Duty to sign amended agreement and give
copy to each other party to the agreement
Director City Futures
Manager City Development Services
Manager City Strategy
s.178H
Power to require a person who applies to
amend or end an agreement to pay the costs
of giving notices and preparing the amended
agreement
Director City Futures
Manager City Development Services
Coordinator City Planning
s.178I(3)
Duty to notify, in writing, each party to the
agreement of the ending of the agreement
relating to Crown land
Director City Futures
Manager City Development Services
Coordinator City Planning
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.179(2)
Duty to make copy of each agreement
available in accordance with the public
availability requirements
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner A
Development Planner B
Planning Assistant
Senior Subdivision Officer
Director Infrastructure and City Services
Manager Engineering and Infrastructure
E-Planning Implementation Officer
s.181
Duty to apply to the Registrar of Titles to
record the agreement
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Coordinator Planning Compliance
Coordinator Strategic Planning
s.181(1A)(a)
Power to apply to the Registrar of Titles to
record the agreement
Director City Futures
Manager City Development Services
Manager City Strategy
Director Infrastructure and City Services
Manager Engineering and Infrastructure
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.181(1A)(b)
Duty to apply to the Registrar of Titles,
without delay, to record the agreement
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Coordinator Planning Compliance
Coordinator Strategic Planning
s.182
Power to enforce an agreement
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Principal Planner
Manager City Regulatory Services
Coordinator Planning Compliance
Principal Planning Compliance Officer
Senior Planning Compliance Officer
Planning Compliance Officer
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Coordinator Strategic Planning
s.183
Duty to tell Registrar of Titles of
ending/amendment of agreement
Director City Futures
Manager City Development Services
Manager City Strategy Coordinator City Planning
Director Infrastructure and City Services Manager
Engineering and Infrastructure
Coordinator Planning Compliance
Coordinator Strategic Planning
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.184F(1)
Power to decide to amend or end an
agreement at any time after an application
for review of the failure of Council to make a
decision
Director City Futures
Manager City Development Services
s.184F(2)
Duty not to amend or end the agreement or
give notice of the decision after an
application is made to VCAT for review of a
failure to amend or end an agreement
Director City Futures
Manager City Development Services
s.184F(3)
Duty to inform the principal registrar if the
responsible authority decides to amend or
end an agreement after an application is
made for the review of its failure to end or
amend the agreement
Director City Futures
Manager City Development Services
Coordinator City Planning
s.184F(5)
Function of receiving advice from the
principal registrar that the agreement may
be amended or ended in accordance with
Council’s decision
Director City Futures
Manager City Development Services
Coordinator City Planning
s.184G(2)
Duty to comply with a direction of the
Tribunal
Director City Futures
Manager City Development Services
Coordinator City Planning
s.184G(3)
Duty to give notice as directed by the
Tribunal
Director City Futures
Manager City Development Services
Coordinator City Planning
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.185B(1)
Duty to comply with a request from the Minister
to provide the name, address, email address or
telephone number of any person to whom the
Minister is required to give notice
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
Development Planner
Planning Assistant
City Planning Administration Officer
E-Planning Implementation Officer
s.198(1)
Function to receive application for planning
certificate
In the metropolitan area, planning
certificates are issued by the
Department of Transport and Planning.
s.199(1)
Duty to give planning certificate to applicant
In the metropolitan area, planning
certificates are issued by the
Department of Transport and Planning.
s.201(1)
Function of receiving application for
declaration of underlying zoning
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Planner
Principal Strategic Planner
s.201(3)
Duty to make declaration
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
S6 Instrument of Delegationfrom Council to Staff – December 2023
-
Power to decide, in relation to any planning
scheme or permit, that a specified thing has
or has not been done to the satisfaction of
Council
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Strategic Planner
Principal Planner
Coordinator Planning Compliance
-
Power, in relation to any planning scheme or
permit, to consent or refuse to consent to
any matter which requires the consent or
approval of Council
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Coordinator Planning Compliance
-
Power to approve any plan or any
amendment to a plan or other document in
accordance with a provision of a planning
scheme or condition in a permit
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Strategic Planner
Principal Planner
Coordinator Planning Compliance
S6 Instrument of Delegationfrom Council to Staff – December 2023
-
Power to give written authorisation in
accordance with a provision of a planning
scheme
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Strategic Planner
Principal Planner
Coordinator Planning Compliance
s.201UAB(1)
Function of providing the Victorian Planning
Authority with information relating to any land
within municipal district
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Planner
Principal Strategic Planner
Senior Development Planner
Senior Strategic Planner
Strategic Planner
Strategic Sites Officer
Coordinator Planning Compliance
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
s.201UAB(2)
Duty to provide the Victorian Planning
Authority with information requested under s
201UAB(1) (1) as soon as possible
Director City Futures
Manager City Development Services
Manager City Strategy
Coordinator City Planning
Coordinator Strategic Planning
Principal Planner
Principal Strategic Planner
Senior Development Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
Coordinator Planning Compliance
E-Planning Implementation Officer
-
Power to negotiate and/or approve minor
changes to a planning permit or plans, should
Council’s decision on a planning application
be appealed to the Victorian Civil and
Administrative Tribunal, or an application for
minor amendments be received
Director City Futures
Manager City Development Services
Coordinator City Planning
Principal Planner
Senior Development Planner
“minor changes” - overall form of the
development is not changed eg.
number of units, but minor details are
Council resolution is not able to be
overturned/reversed
S6 Instrument of Delegationfrom Council to Staff – December 2023
RESIDENTIAL TENANCIES ACT 1997
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.518F
Power to issue notice to caravan park
regarding emergency management plan if
determined that the plan does not comply with
the requirements
Director City Futures
Manager City Development Services
Municipal Building Surveyor
Manager City Regulatory Services
s.522(1) Power to give a compliance notice to a person
Director City Futures
Manager City Development Services
Municipal Building Surveyor
Manager City Regulatory Services
s.525(2) Power to authorise an officer to exercise
Powers in section 526 (either generally or in
a particular case)
Chief Executive Officer
Director People, Partnerships and Performance
Manager Governance and Risk
All statutory appointments and
authorisations to be made on
recommendation of relevant Director
or Manager
s.525(4)
Duty to issue identity card to authorised
officers
Director City Futures
Manager City Regulatory Services
Coordinator City Compliance
Administration Officer (City Compliance)
Instrument of Authorisation and
identity card to be issued only on
authority of relevant Director or
Manager
s.526A(3) Function of receiving report of inspection
Director City Futures
Manager City Development Services
Municipal Building Surveyor
Manager City Regulatory Services
s.526(5)
Duty to keep record of entry by authorised
officer under section 526
Director City Futures
Manager City Development Services
Municipal Building Surveyor
S6 Instrument of Delegationfrom Council to Staff – December 2023
RESIDENTIAL TENANCIES ACT 1997
Column 1 Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
Manager City Regulatory Services
s.527
Power to authorise a person to institute
proceedings (either generally or in a
particular case)
Chief Executive Officer
Director People, Partnerships and Performance
Manager Governance and Risk
All statutory appointments and
authorisations to be made on
recommendation of relevant Director
or Manager
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT ACT 2004
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s11(1)
Power to declare a road by publishing a
notice in the Government Gazette
Director City Futures
Manager City Development Services
Director Infrastructure and City Services
Manager Engineering and Infrastructure
obtain consent in circumstances specified
in section 11(2)
s11(8)
Power to name a road or change the name of
a road by publishing notice in Government
Gazette
Director City Futures
Manager City Development Services
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Director Corporate Services
Manager Finance
Director People, Partnerships and Performance
Manager Governance and Risk
Power must be exercised in accordance
with
Geographic Names Places Act
1998
and, where applicable, Council’s
Place Naming Policy
Council’s Place Naming Policy requires
Council resolution following a
consultation process
s11(9)(b)
Duty to advise Registrar
Director City Futures
Manager City Development Services
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Manager Finance
Director People, Partnerships and Performance
Director Corporate Services
Manager Governance and Risk
Coordinator, Legal Governance and Integrity
Governance and Legal Support Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT ACT 2004
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s11(10)
Duty to inform Secretary to Department of
Environment, Land, Water and Planning
(Department of Transport and Planning) of
declaration etc.
Director City Futures
Manager City Development Services
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Manager Assets, Capital Works and Property
Services
Director People, Partnerships and Performance
Director Corporate Services
Manager Governance and Risk
clause subject to section 11(10A)
s11(10A)
Duty to inform Secretary to Department of
Environment, Land, Water and Planning
(Department of Transport and Planning) or
nominated person
Director City Futures
Manager City Development Services
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Manager Assets, Capital Works and Property
Services
Where Council is the coordinating road
authority
s12(2)
Power to discontinue road or part of a road
Not delegated
Where Council is the coordinating road
authority
s12(4)
Duty to publish, and provide copy, notice of
proposed discontinuance
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Manager Assets, Capital Works and Property
Services
Property Officer
Asset and Property Services Compliance Officer
Power of coordinating road authority
Where it is the discontinuing body
unless subsection (11) applies
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT ACT 2004
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s12(5)
Duty to consider written submissions
received within 28 days of notice
Not delegated
Submissions to be considered by Council
or Committee appointed by Council
Duty of coordinating road authority Where
it is the discontinuing body
Unless subsection 12(11) applies
s12(6)
Function of hearing a person in support of their
written submission
Not delegated
Function of coordinating road authority
Where it is the discontinuing body
Unless subsection 12(11) applies
Submissions must be heard by
Council or Committee appointed by
Council
s12(7)
Duty to fix day, time and place of meeting
under subsection 12(6) and to give notice
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Manager Assets, Capital Works and Property
Services
Property Officer
Asset and Property Services Compliance Officer
Director People, Partnerships and Performance
Manager Governance and Risk
Duty of coordinating road authority
Where it is the discontinuing body
unless subsection 12(11) applies
(exemption by minister or under
Regulations)
s12(10)
Duty to notify of decision made
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Manager Assets, Capital Works and Property
Services
Property Officer
Asset and Property Services Compliance Officer
Duty of coordinating road authority
Where it is the discontinuing body
does not apply Where an exemption is
specified by the regulations or given by
the Minister
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT ACT 2004
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s13(1)
Power to fix a boundary of a road by publishing
notice in Government Gazette
Director City Futures
Manager City Development Services
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Power of coordinating road authority and
obtain consent under section13(3) and
section13(4) as appropriate
s.14(4)
Function of receiving notice from the Head,
Transport for Victoria
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s14(7)
Power to appeal against decision of the
Head, Transport for Victoria
Director Infrastructure and City Services
s15(1)
Power to enter into arrangement with
another road authority, utility or a provider of
public transport to transfer a road
management Function of the road authority
to the other road authority, utility or provider
of public transport
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s15(1A)
Power to enter into arrangement with a utility
to transfer a road management Function of
the utility to the road authority
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s15(2)
Duty to include details of arrangement in
public roads register
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Strategic Engineering Coordinator
s16(7)
Power to enter into an arrangement under
section 15
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s16(8)
Duty to enter details of determination in
public roads register
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s17(2)
Duty to register public road in public roads
register
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Where Council is the coordinating road
authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT ACT 2004
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s17(3)
Power to decide that a road is reasonably
required for general public use
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Where Council is the coordinating road
authority
s17(3)
Duty to register a road reasonably required
for general public use in public roads register
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Where Council is the coordinating road
authority
s17(4)
Power to decide that a road is no longer
reasonably required for general public use
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Where Council is the coordinating road
authority
s17(4)
Duty to remove road no longer reasonably
required for general public use from public
roads register
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Where Council is the coordinating road
authority
s18(1)
Power to designate ancillary area
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Director City Futures
Where Council is the coordinating road
authority, and obtain consent in
circumstances specified in section 18(2)
s18(3)
Duty to record designation in public roads
register
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Where Council is the coordinating road
authority
s19(1)
Duty to keep register of public roads in
respect of which it is the coordinating road
authority
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s19(4)
Duty to specify details of discontinuance in
public roads register
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s19(5)
Duty to ensure public roads register is
available for public inspection
Director Infrastructure and City Services
Manager Engineering and Infrastructure
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT ACT 2004
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.21
Function of replying to request for information
or advice
Director Infrastructure and City Services
Manager Engineering and Infrastructure
obtain consent in circumstances specified
in section 11(2)
s.22(2)
Function of commenting on proposed
direction
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s.22(4)
Duty to publish a copy or summary of any
direction made under section 22 by the
Minister in its Annual Report
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s.22(5)
Duty to give effect to a direction under this
section
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s.40(1)
Duty to inspect, maintain and repair a public
road.
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Group Manager Operations
Manager Roads and Cleansing
s.40(5)
Power to inspect, maintain and repair a road
which is not a public road
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Group Manager Operations
Manager Roads and Cleansing
s.41(1)
Power to determine the standard of
construction, inspection, maintenance and
repair
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Group Manager Operations
Manager Roads and Cleansing
s42(1)
Power to declare a public road as a
controlled access road
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Power of coordinating road authority and
Schedule 2 also applies
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT ACT 2004
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s42(2)
Power to amend or revoke declaration by
notice published in Government Gazette
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Power of coordinating road authority and
Schedule 2 also applies
s42A(3)
Duty to consult with Head, Transport for
Victoria and Minister for Local Government
before road is specified
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Where Council is the coordinating road
authority
if road is a municipal road or part thereof
s42A(4)
Power to approve Minister’s decision to
specify a road as a specified freight road
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Where Council is the coordinating road
authority
if road is a municipal road or part thereof
and Where road is to be specified a
freight road
s48EA
Duty to notify the owner or occupier of land
and provider of public transport on which rail
infrastructure or rolling stock is located (and
any relevant provider or public transport)
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Where Council is the responsible
road authority, infrastructure
manager or works manager
s.48M(3)
Function of consulting with the relevant
authority for purposes of developing
guidelines under section 48M
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s.49
Power to develop and publish a road
management plan
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Manager Assets, Capital Works and Property
Services
Road Management Plan to be adopted
by Council resolution following
statutory public notice and submissions
process
s.51
Power to determine standards by
incorporating the standards in a road
management plan
Director Infrastructure and City Services
Manager Engineering and Infrastructure
In consultation with Group Manager
Operations
s.53(2)
Power to cause notice to be published in
Government Gazette of amendment etc of
document in road management plan
Director Infrastructure and City Services
Manager Assets, Capital Works and Property
Services
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT ACT 2004
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.54(2)
Duty to give notice of proposal to make a
road management plan
Director Infrastructure and City Services
Manager Assets, Capital Works and Property
Services
s.54(5)
Duty to conduct a review of road
management plan at prescribed intervals
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Manager Assets, Capital Works and Property
Services
Review of Road Management Plan
requires Council resolution following
statutory public notice and submissions
process
s.54(6)
Power to amend road management plan
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Manager Assets, Capital Works and Property
Services
Certain types of amendments to a Road
Management Plan require a public notice
and submissions process
s.54(7)
Duty to incorporate the amendments into the
road management plan
Director Infrastructure and City Services
Manager Assets, Capital Works and Property
Services
s.55(1)
Duty to cause notice of road management
plan to be published in Government Gazette
and newspaper
Director Infrastructure and City Services
Manager Assets, Capital Works and Property
Services
s.63(1)
Power to consent to conduct of works on road
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Where Council is the coordinating road
authority
s.63(2)(e) Power to conduct or to authorise the conduct
of works in, on, under or over a road in an
emergency
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Group Manager Operations
Manager Roads and Cleansing
Operations Projects Coordinator
Where Council is the infrastructure
manager
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT ACT 2004
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.64(1)
Duty to comply with clause 13 of Schedule 7
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Group Manager Operations
Manager Roads and Cleansing
Where Council is the infrastructure
manager or works manager
s.66(1)
Power to consent to structure etc
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
Where Council is the coordinating road
authority
s.67(2)
Function of receiving the name and address
of the person responsible for distributing the
sign or bill
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
Where Council is the coordinating road
authority
s.67(3)
Power to request information
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
Where Council is the coordinating road
authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT ACT 2004
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.68(2)
Power to request information
Director Infrastructure and City Services
Director City Futures
Manager Engineering and Infrastructure
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
Where Council is the coordinating road
authority
s71(3)
Power to appoint an authorised officer
Chief Executive Officer
Director People, Partnerships and Performance
Manager Governance and Risk
All statutory appointments and
authorisations to be made on
recommendation of relevant Director or
Manager
s.72
Duty to issue an identity card to each
authorised officer
Director City Futures
Manager City Regulatory Services
Coordinator City Compliance
Administration Officer (City Compliance)
Authorisation and identity card to be
issued only on authority of relevant
Director or Manager
s.85
Function of receiving report from authorised
officer
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Group Manager Operations
s86
Duty to keep register re s85 matters
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Group Manager Operations
s.87(1)
Function of receiving complaints
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Group Manager Operations
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT ACT 2004
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s87(2)
Duty to investigate complaint and provide
report
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Group Manager Operations
s 96
Power to authorise a person for the purpose of
instituting legal proceedings
Chief Executive Officer
Director People, Partnerships and Performance
Manager Governance and Risk
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s.112(2)
Power to recover damages in court
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s116
Power to cause or carry out inspection
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Group Manager Operations
s.119(2)
Function of consulting with the Head,
Transport for Victoria
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s.120(1)
Power to exercise road management
Functions on an arterial road (with the
consent of the Head, Transport for
Victoria)
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Group Manager Operations
Manager Roads and Cleansing
s120(2)
Duty to seek consent of the Head, Transport
for Victoria to exercise road management
Functions before exercising Power in section
120(1)
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Group Manager Operations
Manager Roads and Cleansing
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT ACT 2004
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s121(1)
Power to enter into an agreement in respect of
works
Director Infrastructure and City Services
Manager Engineering and Infrastructure
s.122(1)
Power to charge and recover fees
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Group Manager Operations
Subject to approved Schedule of Fees
and Charges set through the budget
process
If authorised under Regulations
s.123(1)
Power to charge for any service
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Group Manager Operations
Subject to approved Schedule of Fees
and Charges set through the budget
process
Schedule 2
Clause 2(1)
Power to make a decision in respect of
controlled access roads
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Schedule 2
Clause 3(1)
Duty to make policy about controlled access
roads
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Schedule 2
Clause 3(2)
Power to amend, revoke or substitute policy
about controlled access roads
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Schedule 2
Clause 4
Function of receiving details of proposal from
the Head, Transport for Victoria
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Schedule2
Clause 5
Duty to publish notice of declaration
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Schedule 7,
Clause 7(1)
Duty to give notice to relevant coordinating
road authority of proposed installation of non
road infrastructure or related works on a road
reserve
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Group Manager Operations
Where Council is the infrastructure
manager or works manager
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT ACT 2004
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
Schedule 7,
Clause 8(1)
Duty to give notice to any other infrastructure
manager or works manager responsible for
any non-road infrastructure in the area, that
could be affected by any proposed installation
of infrastructure or related works on a road or
road reserve of any road
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the infrastructure
manager or works manager
Schedule 7,
Clause 9(1)
Duty to comply with request for information
from a coordinating road authority, an
infrastructure manager or a works manager
responsible for existing or proposed
infrastructure in relation to the location of
any non-road infrastructure and technical
advice or assistance in conduct of works
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the infrastructure
manager or works manager responsible
for non-road infrastructure
Schedule 7,
Clause 9(2)
Duty to give information to another
infrastructure manager or works manager
Where becomes aware any infrastructure or
works are not in the location shown on
records, appear to be in an unsafe condition
or appear to need maintenance
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the infrastructure
manager or works manager
Schedule 7,
Clause 10(2)
Where Schedule 7 Clause 10(1) applies,
Duty to, Where possible, conduct
appropriate consultation with persons likely
to be significantly affected
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Group Manager Operations
Where Council is the infrastructure
manager or works manager
Schedule 7
Clause 12(2)
Power to direct infrastructure manager or
works manager to conduct reinstatement
works
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the coordinating road
authority
Schedule 7
Clause 12(3)
Power to take measures to ensure
reinstatement works are completed
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the coordinating road
authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT ACT 2004
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
Schedule 7
Clause 12(4)
Duty to ensure that works are conducted by
an appropriately qualified person
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the coordinating road
authority
Schedule 7
Clause 12(5)
Power to recover costs
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the coordinating road
authority
Schedule 7,
Clause 13(1)
Duty to notify relevant coordinating road
authority within 7 days that works have
been completed, subject to Schedule 7,
Clause 13(2)
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the works manager
Schedule 7
Clause 13(2)
Power to vary notice period
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the coordinating road
authority
Schedule 7,
Clause 13(3)
Duty to ensure works manager has complied
with obligation to give notice under Schedule
7, Clause 13(1)
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the infrastructure
manager
Schedule 7
Clause 16(1)
Power to consent to proposed works
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the coordinating road
authority
Schedule 7
Clause 16(4)
Duty to consult
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the coordinating
road authority, responsible authority or
infrastructure manager
Schedule 7
Clause 16(5)
Power to consent to proposed works
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the coordinating road
authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT ACT 2004
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
Schedule 7
Clause 16(6)
Power to set reasonable conditions on
consent
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the coordinating road
authority
Schedule 7
Clause 16(8)
Power to include consents and conditions
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the coordinating road
authority
Schedule 7
Clause 17(2)
Power to refuse to give consent and Duty to
give reasons for refusal
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the coordinating road
authority
Schedule 7
Clause 18(1)
Power to enter into an agreement
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the coordinating road
authority
Schedule 7
Clause 19(1)
Power to give notice requiring
rectification of works
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Manager City Regulatory Services
Where Council is the coordinating road
authority
Schedule 7
Clause 19(2)
& (3)
Power to conduct the rectification works or
engage a person to conduct the rectification
works and Power to recover costs incurred
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the coordinating
road authority
Schedule 7
Clause 20(1)
Power to require removal, relocation,
replacement or upgrade of existing non
road infrastructure
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Where Council is the coordinating road
authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT ACT 2004
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
Schedule 7A
Clause 2
Power to cause street lights to be installed
on roads
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Power of responsible road authority
Where it is the coordinating road
authority or responsible road authority in
respect of the road
Schedule 7A
Clause 3(1)(d)
Duty to pay installation and operation costs
of street lighting - Where road is not an
arterial road
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Strategic Engineering Coordinator
Where Council is the responsible road
authority
Schedule 7A
Clause 3(1)(e)
Duty to pay installation and operation costs of
street lighting – Where road is a service road
on an arterial road and adjacent areas
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Strategic Engineering Coordinator
Where Council is the responsible road
authority
Schedule 7A
Clause
(3)(1)(f),
Duty to pay installation and percentage of
operation costs of street lighting - for arterial
roads in accordance with clauses 3(2) and 4.
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Infrastructure Development Coordinator
Strategic Engineering Coordinator
Duty of Council as responsible road
authority that installed the light (re:
installation costs) and Where Council is
relevant municipal Council (re: operating
costs)
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT REGULATIONS 2015
Column 1
Column 2
Column 3
Column 4
PROVISION
THING DELEGATED
DELEGATE
CONDITIONS AND LIMITATIONS
r. 6
Function of receiving notice, under section
19(1)(c) of the Act, from a planning authority
of its preparation of an amendment to a
planning scheme
Director City Futures
Manager City Strategy
Manager City Development Services
Coordinator City Planning
Coordinator Strategic Planning
Coordinator Planning Compliance
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
Senior Development Planner
Development Planner A
Development Planner B
Principal Planner
Subdivision Officer
Planning Assistant
E-Planning Implementation Officer
Where Council is not the planning
authority and the amendment affects
land within Council’s municipal district;
or
Where the amendment will amend the
planning scheme to designate Council as
an acquiring authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT REGULATIONS 2015
Column 1
Column 2
Column 3
Column 4
PROVISION
THING DELEGATED
DELEGATE
CONDITIONS AND LIMITATIONS
r.21
Power of responsible authority to require a
permit applicant to verify information (by
statutory declaration or other written
confirmation satisfactory to the responsible
authority) in an application for a permit or to
amend a permit or any information provided
under section 54 of the Act
Director City Futures
Manager City Strategy
Manager City Development Services
Coordinator City Planning
Coordinator Strategic Planning
Coordinator Planning Compliance Principal
Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
Development Planner A and B
Senior Development Planner
Principal Planner
Subdivision Officer
Planning Assistant
E-Planning Implementation Officer
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT REGULATIONS 2015
Column 1
Column 2
Column 3
Column 4
PROVISION
THING DELEGATED
DELEGATE
CONDITIONS AND LIMITATIONS
r.25(a)
Duty to make copy of matter considered
under section 60(1A)(g) in accordance with
the public availability requirements
Director City Futures
Manager City Strategy
Manager City Development Services
Coordinator City Planning
Coordinator Strategic Planning
Coordinator Planning Compliance
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
Development Planner A and B
Senior Development Planner
Principal Planner
Subdivision Officer
Planning Assistant
E-Planning Implementation Officer
Where Council is the responsible
authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT REGULATIONS 2015
Column 1
Column 2
Column 3
Column 4
PROVISION
THING DELEGATED
DELEGATE
CONDITIONS AND LIMITATIONS
r.25(b)
Function of receiving a copy of any document
considered under section 60(1A)(g) by the
responsible authority and Duty to make the
document available in accordance with the
public availability requirements
Director City Futures
Manager City Strategy
Manager City Development Services
Coordinator City Planning
Coordinator Strategic Planning
Coordinator Planning Compliance
Principal Strategic Planner
Senior Strategic Planner
Strategic Sites Officer
Strategic Planner
Development Planner A and B
Senior Development Planner
Principal Planner
Subdivision Officer
Planning Assistant
E-Planning Implementation Officer
Where Council is not the responsible
authority but the relevant land is within
Council’s municipal district
r.42
Function of receiving notice under section
96C(1)(c) of the Act from a planning authority
of its preparation of a combined application
for an amendment to a planning scheme and
notice of a permit application
Director City Futures
Manager City Strategy
Manager City Development Services
Coordinator City Planning
Senior Development Planner
Principal Planner
Coordinator Planning Compliance
Coordinator Strategic Planning
Where Council is not the planning
authority and the amendment affects
land within Council’s municipal district;
or
Where the amendment will amend the
planning scheme to designate Council as
an acquiring authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
PLANNING AND ENVIRONMENT (FEES) REGULATIONS 2016
Column 1
Column 2
Column 3
Column 4
PROVISION
THING DELEGATED
DELEGATE
CONDITIONS AND LIMITATIONS
r. 19
Power to waive or rebate a fee relating to an
amendment of a planning scheme
Director City Futures
Manager City Strategy
Manager City Development Services
Coordinator Strategic Planning
Where Council is the planning
authority
r.20
Power to waive or rebate a fee other than a
fee relating to an amendment to a planning
scheme
Director City Futures
Manager City Strategy
Manager City Development Services
Coordinator City Planning
Coordinator Strategic Planning
Coordinator Planning Compliance
Where council is the responsible
authority
r.21
Duty to record matters taken into account and
which formed the basis of a decision to waive
or rebate a fee under r.19 or 20
Director City Futures
Manager City Strategy
Manager City Development Services
Coordinator City Planning
Coordinator Strategic Planning
Coordinator Planning Compliance
Where Council is the responsible
authority or planning authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS REGISTRATION AND STANDARDS) REGULATIONS 2010
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
r.7
Function of entering into a written agreement
with a caravan park owner
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.10
Function of receiving application for registration
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.11
Function of receiving application for renewal
of registration
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.12(1)
Duty to grant the registration if satisfied that
the caravan park complies with these
regulations
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r. 12(1)
Power to refuse to renew the registrations if not
satisfied that the caravan park complies with
these regulations
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.122)
Duty to renew the registration if satisfied that
the caravan park complies with these
regulations
Director City Futures
Manager City Regulatory Services
S6 Instrument of Delegationfrom Council to Staff – December 2023
RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS REGISTRATION AND STANDARDS) REGULATIONS 2010
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
Manager City Development Services
Municipal Building Surveyor
r.12 (2)
Power to refuse to renew the registration if
not satisfied that the caravan park complies
with these regulations
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r. 12 (3)
Duty to have regard to matters in determining
an application for registration or application for
renewal of registration
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.12(4) & (5) Duty to issue a certificate of registration
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.14(1)
Function of receiving notice of transfer of
ownership
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.14(3)
Power to determine Where notice of transfer
is displayed
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.151)
Duty to transfer registration to new caravan
park owner
Director City Futures
Manager City Regulatory Services
S6 Instrument of Delegationfrom Council to Staff – December 2023
RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS REGISTRATION AND STANDARDS) REGULATIONS 2010
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
Manager City Development Services
Municipal Building Surveyor
r.115(2)
Duty to issue certificate of transfer of
registration
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r. 15(3)
Power to determine where certificate of transfer
of registration is displayed
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.16(1)
Power to determine the fee to accompany
applications for registration or applications
for renewal of registration
Not delegated
Approved Schedule of Fees and
Charges set through the budget
process
r.17
Duty to keep register of caravan parks
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.18(4)
Power to determine Where the emergency
contact person's details are displayed
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.18(6)
Power to determine Where certain
information is displayed
Director City Futures
Manager City Regulatory Services
Manager City Development Services
S6 Instrument of Delegationfrom Council to Staff – December 2023
RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS REGISTRATION AND STANDARDS) REGULATIONS 2010
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
Municipal Building Surveyor
r.22(1)
Duty to notify caravan park owner of the
relevant emergency services agencies for
the caravan park, on the request of the
caravan park owner
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.22 (2)
Duty to consult with relevant emergency
services agencies
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.23
Power to determine places in which caravan
park owner must display a copy of
emergency procedures
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.24
Power to determine places in which caravan
park owner must display copy of public
emergency warnings
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.25(3)
Duty to consult with relevant floodplain
management authority
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.26
Duty to have regard to any report of the
relevant fire authority
Director City Futures
Manager City Regulatory Services
Manager City Development Services
S6 Instrument of Delegationfrom Council to Staff – December 2023
RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS REGISTRATION AND STANDARDS) REGULATIONS 2010
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
Municipal Building Surveyor
r.28(c)
Power to approve system for the collection,
removal and disposal of sewage and waste
water from a movable dwelling
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.40
Function of receiving notice of proposed
installation of unregistrable movable dwelling
or rigid annexe
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.40(b)
Power to require notice of proposal to install
unregisterable movable dwelling or rigid
annexe
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.41(4)
Function of receiving installation certificate
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
r.43
Power to approve use of a non-habitable
structure as a dwelling or part of a dwelling
Director City Futures
Manager City Regulatory Services
Manager City Development Services
Municipal Building Surveyor
Schedule 3
clause 4(3)
Power to approve the removal of wheels and
axles from unregistrable movable
dwelling
Director City Futures
Manager City Regulatory Services
Manager City Development Services
S6 Instrument of Delegationfrom Council to Staff – December 2023
RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS REGISTRATION AND STANDARDS) REGULATIONS 2010
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
Municipal Building Surveyor
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT (GENERAL) REGULATIONS 2016
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
r.8(1)
Duty to conduct reviews of road management
plan
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Manager Assets, Capital Works and
Property Services
Review of Road Management Plan
requires statutory public notice and
submissions process
r.9(2)
Duty to produce written report of review of
road management plan and make report
available
Director Infrastructure and City Services
Manager Assets, Capital Works and Property Services
In consultation with Manager
Engineering and Infrastructure and
Group Manager Operations
r.9(3)
Duty to give notice Where road management
review is completed and no amendments will
be made (or no amendments for which
notice is required)
Director Infrastructure and City Services
Manager Assets, Capital Works and Property Services
Where Council is the coordinating road
authority
r.10
Duty to give notice of amendment which
relates to standard of construction,
inspection, maintenance or repair under
section 41 of the Act
Director Infrastructure and City Services
Manager Assets, Capital Works and Property Services
r.13(1)
Duty to publish notice of amendments to
road management plan
Director Infrastructure and City Services
Manager Assets, Capital Works and Property Services
Where Council is the coordinating road
authority
r.13(3)
Duty to record on road management plan the
substance and date of effect of amendment
Director Infrastructure and City Services
Manager Assets, Capital Works and Property Services
r.16(3)
Power to issue permit
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Director City Futures
Manager City Regulatory Services
Where Council is the coordinating road
authority
r.18(1)
Power to give written consent re damage to
road
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Director City Futures
Where Council is the coordinating road
authority
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT (GENERAL) REGULATIONS 2016
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
Manager City Development Services
Municipal Building Surveyor
Manager City Regulatory Services
r.23(2)
Power to make submission to Tribunal
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Director City Futures
Manager City Regulatory Services
Where Council is the coordinating road
authority
r.23(4)
Power to charge a fee for application under
section 66(1) Road Management Act
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Director City Futures
Manager City Regulatory Services
Where council is the coordinating road
authority
Subject to approved Schedule of Fees
and Charges set through the budget
process
r.25(1)
Power to remove objects, refuse, rubbish or
other material deposited or left on road
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Manager Roads and Cleansing
Where Council is the coordinating road
authority
r.25(2)
Power to sell or dispose of things removed
from road or part of road (after first
complying with r.25(3)
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Manager Roads and Cleansing
Director City Futures
Manager City Regulatory Services
Where Council is the coordinating road
authority
r.25(5)
Power to recover in the Magistrates' Court,
expenses from person responsible
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Manager Roads and Cleansing
Director City Futures
Manager City Regulatory Services
S6 Instrument of Delegationfrom Council to Staff – December 2023
S6 Instrument of Delegationfrom Council to Staff – December 2023
ROAD MANAGEMENT (WORKS AND INFRASTRUCTURE) REGULATIONS 2015
Column 1
Column 2
Column 3
Column 4
PROVISION
POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
r 15
Power to exempt a person from
requirement under cl 13(1) of sch 7 of the
Act to give notice as to the completion of
those works
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Where Council is the coordinating road
authority and where consent given
under s 63(1) of the Act
r 22(2)
Power to waive whole or part of fee in
certain circumstances
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Where Council is the coordinating road
authority