S18 Instrument of Sub-delegation to Council Staff (

) – December2023

page 1

By this Instrument of Sub-Delegation, in exercise of the power conferred by s 437(2) of the

(‘

) and the Instrument of Delegation of the Environment Protection Authority

under the Act dated 4 June 2021, 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 in column 3 of the Schedule;

2. this Instrument of Sub-Delegation is authorised by

passed on 12

December 2023 pursuant to a power of sub-delegation conferred by the Instrument of

Delegation of the Environment Protection Authority under the Act dated 4 June 2021;

3. the delegation:

3.1 comes into force immediately the common seal of Council is affixed to this Instrument of

Sub-Delegation;

3.2 remains in force until varied or revoked;

3.3 is subject to any conditions and limitations set out in sub-paragraph 5, and the

Schedule; and

3.4 must be exercised in accordance with any guidelines or policies which Council from

time to time adopts; and

4. this Instrument of Sub-Delegation is subject to the following limitations:

4.1 the powers, duties and functions described in column and summarised in column 2 of

the Schedule are only delegated for the purpose of regulating:

4.1.1 onsite wastewater management systems with a design or actual flow rate of

sewage not exceeding 5000 litres on any day; and

4.1.2 noise from the construction, demolition or removal of residential premises;

5.

the delegate must not determine the issue, take the action or do the act or thing:

5.1.1 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;

5.1.2 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) policy; or

(b) strategy

adopted by Council;

5.1.3 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

5.1.4 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.

S18 Instrument of Sub-delegation to Council Staff (

) - December 2023

page 4

s 271

Power to issue improvement notice

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor

(Statutory)

Deputy Municipal Building Surveyor

(Approvals)

s 272

Power to issue prohibition notice

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor

(Statutory)

Deputy Municipal Building Surveyor

(Approvals)

s 279

Power to amend a notice

Director City Futures

Manager City Regulatory Services

S18 Instrument of Sub-delegation to Council Staff (

) - December 2023

page 6

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor

(Statutory)

Deputy Municipal Building Surveyor

(Approvals)

S18 Instrument of Sub-delegation to Council Staff (

) - December 2023

page 7

s 358

Functions of the Environment Protection

Authority

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor

(Statutory)

Deputy Municipal Building Surveyor

(Approvals)

s 359(1)(b)

Power to do all things that are necessary or

convenient to be done for or in connection with

the performance of the Environment Protection

Authority's functions and duties and to enable

the Authority to achieve its objective.

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor

(Statutory)

Deputy Municipal Building Surveyor

(Approvals)

s 359(2)

Power to give advice to persons with duties or

obligations

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor

(Statutory)

S18 Instrument of Sub-delegation to Council Staff (

) - December 2023

page 8

Deputy Municipal Building Surveyor

(Approvals)