Brimbank Council Meeting No. 637 - 10 September 2024
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12.4
Governance Report September 2024
12.4
Governance Report September 2024
Directorate
People, Partnerships and Performance
Director
Georgie Hill
Manager
Danny Bilaver
Attachment(s)
1. Record of Informal Meeting of Councillors [
12.4.1
- 8
pages]
2. Delegates and Representatives Report [
12.4.2
- 4 pages]
3. Draft S6 Instrument of Delegation Council to Staff -
September 2024 [
12.4.3
- 128 pages]
4. Audit and Risk Committee Annual Activity Report -
September 2024 [
12.4.4
- 7 pages]
Purpose
For Council to consider:
•
A summary of recent Governance activity.
•
Councillor Declarations of Representations by Members of Parliament.
•
Review of Council’s S6 Instrument of Delegation from Council to Members of
Council Staff.
•
Annual Audit and Risk Committee Activity Report 2023-2024.
Council Recommendation
That Council:
a. Notes the:
i. Governance Report September 2024.
ii. Records of Informal Meetings of Councillors, at Attachment 1 to
this report, for incorporation in the minutes of this meeting.
iii. Delegate’s and Representative’s Reports, at Attachment 2 to this
report, for incorporation in the minutes of this meeting.
iv. Councillor Declarations of Representations by Members of
Parliament.
b. In the exercise of the powers conferred by the legislation referred to in
the S6 Instrument of Delegation, at Attachment 3 to this report, resolves
that:
i. There be delegated to the members of Council staff holding,
acting in or performing the duties of the offices or positions
referred to in the S6 Instrument of Delegation, at Attachment 3 to
this report, the powers, duties and functions set out in that
Instrument, subject to the conditions and limitations specified in
that Instrument.
ii. Comes into force immediately upon this resolution being made
and is to be signed by the Council’s Chief Executive Officer.
iii. The duties and functions set out in the Instrument must be
performed, and the powers set out in the Instrument must be
executed, in accordance with any guidelines or policies of Council
that it may from time to time adopt.
c. Notes the Annual Audit and Risk Committee Activity Report 2023-2024,
at Attachment 4 to this report.
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Background
The monthly governance report is a standing report to Council, in accordance with best
practice and good governance principles, and to ensure compliance with the
requirements of the
Local Government Act 2020 (the Act),
Councillor Code of Conduct
2021 (Code), and Councillor Support (Major) Policy 2020.
Matters for Consideration
Exercise of Delegated Authority
Council delegates powers, duties and functions to the Chief Executive Officer in order to
support efficient operation and delivery of Council services. The Chief Executive Officer
has sub-delegated some authority to Directors (and other Council officers). Significant
decisions made, or actions undertaken exercising delegated authority, are reported to
Council as a transparency and accountability measure.
The Chief Executive Officer has been delegated authority by Council to award contracts
up to $2,000,000 (exclusive of GST) through an Instrument of Delegation made on 23
April 2024 (S5 Instrument of Delegation to the Chief Executive Officer). The Chief
Executive Officer has sub-delegated authority to Directors to award contracts up to
$200,000 (inclusive of GST) through an Instrument of Delegation made on 12 December
2023 (S7 Instrument of Sub-Delegation by the Chief Executive Officer).
Contracts entered into, and works orders approved, in accordance with S7
Instrument of Sub-Delegation
There were no contracts entered into, and works orders approved, under delegation
since reporting to the last Council Meeting.
Records of Informal Meetings of Councillors
An Informal Meeting of Councillors includes meetings that are:
•
Scheduled or planned for the purpose of discussing the business of Council or
briefing Councillors,
•
Attended by at least one member of Council staff, and
•
Not Council meetings, Delegated Committee meetings or Community Asset
Committee meetings.
Written records of Informal Meetings of Councillors are kept and include the names of all
Councillors and Council officers attending, the matters considered, any conflict of interest
disclosures made, and whether a Councillor who has disclosed a conflict of interest
leaves the meeting.
These records, as soon as practicable, will be reported at a Council Meeting, and
incorporated in the minutes of that Council Meeting.
Records of Informal Meetings of Councillors
(Attachment 1)
were received for the
following meetings:
Date
Event
14 August 2024
Brimbank Youth Advisory Committee
27 August 2024
Disability Advisory Committee
28 August 2024
Brimbank Economic and Employment Advisory Group
3 September 2024 Council Meeting Briefing
Delegate’s and Representative’s Reports
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The participation on a range of local, specific issues, committees established by Council,
peak body/sector associations, and local and regional forums, is an essential part of the
representative role Council plays. Council nominates Councillors as delegates and
representatives to these committees annually.
The role, as the Council delegate or Council representative on these committees, is to
represent the position of Council, and report back to Council at a Council Meeting on the
issues or progress of the committees, and any recommendations made by the
committees.
Delegate’s and Representative’s Reports
(Attachment 2)
were received for the
following meetings:
Date
Event
Councillor/s
14 August 2024 Brimbank Youth Advisory
Committee
Cr Nguyen
Cr O’Reilly
28 August 2024 Brimbank Economic and
Employment Advisory Group
Cr Tachos
Councillor Declarations of Representations by Members of Parliament
Councillors have a legitimate role in advocating on behalf of their communities. At times,
this may include the receiving of representations by a Member of State or Federal
Parliament, to Council or Councillors. Councillors will declare and record any
representations made to a Councillor by a Member of Parliament or their staff
representative.
Councillor Declarations of Representations by Members of Parliament were received for
the following meetings.
Date
Councillor Member of
Parliament
Matter Discussed
23 August 2024 Cr Papalia Ingrid Stitt MP Vietnamese Museum Australia
Welcome Plaza
Mental Health Support for CALD
Communities
Improving Social Cohesion
amongst CALD Communities
26 August 2024 Cr Rasic
Hon. Lizzie
Blandthorn MP
Calder Freeway
Melbourne Airport Rail
Sunshine Precinct
Sunshine Energy Park
Climate Emergency
Better Buses for Melbourne’s
West
30 August 2024 Cr Rasic
Natalie Suleyman
MP
Sunshine Precinct / Albion
Station
Sunshine Energy Park
Tree Planting
Addressing Unemployment
Youth Crime Prevention
Calder Freeway
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Review of Council’s S6 Instrument of Delegation from Council to Members of
Council Staff
Instruments of Delegation (Delegations) allow a Council to give its powers to members
of staff, who then act and make decisions on behalf of the Council.
Council’s Delegations are generally updated twice a year. The current review
incorporates legislative updates reported to Council by Maddocks Lawyers.
Additionally, the current review reflects changes to officer titles following recent
operational realignments.
The S6 Instrument of Delegation from Council to Members of Council Staff (
Attachment
3
) has been updated in consultation with Council’s Executive Leadership Team and is
presented to Council for endorsement.
Reviewed Delegations are uploaded to Council’s website, as per Council's resolution at
the Ordinary Council Meeting on 21 April 2020.
Annual Audit and Risk Committee Activity Report 2023-2024
The Annual Audit and Risk Committee (ARC) Activity Report was presented during the
3 September 2024 ARC meeting. The final report is presented to Council for noting
(
Attachment 4
).
Resource And Risk Implications
Resource requirements can be met within the Annual Budget 2024/2025.
Regulatory:
legal, legislative or regulatory implications including the rights/obligations
of stakeholders
• This report fulfils legislative governance obligations, to provide transparent and
accountable reporting of governance activity.
There are no Community, Safety, Environmental or Financial risks identified.
Legislation/Council Plan/Policy Context
This report supports the Council Plan 2021-2025 strategic direction and objective of:
4. Leadership and Governance - A high performing organisation that enacts the
vision and decisions of Council through the delivery of quality and innovative
services - A fairer place for all
• High Performing and Accountable - Our workforce strives to enhance services and
liveability for the Brimbank community.
This report complies with the
Local Government Act 2020, Local Government
(Governance and Integrity) Regulations 2020
, Council Plan 2021-2025, S5 Instrument of
Delegation to the Chief Executive Officer, S7 Instrument of Sub-Delegation by the Chief
Executive Officer, Councillor Code of Conduct 2024 and Procurement Policy.
Council officers contributing to the preparation and approval of this report, have no
conflicts of interests to declare.
Errington Reserve
Outdoor Pool at BAWC
Page 1 of 2
Record of Informal Meeting
of Councillors
Meeting details
Title:
Brimbank Youth Council 2024 Official Meeting Term 3
Date:
14 August 2024
Time:
5:30PM to 7:00PM
Location:
Council Chambers
Councillors in
attendance:
☐
Cr Victoria Borg
☐
Cr Sarah Branton
☐
Cr Thuy Dang
☐
Cr Sam David JP
☐
Cr Maria Kerr
☐
Cr Bruce Lancashire,
☒
Cr Jasmine Nguyen
☒
Cr Thomas O'Reilly
☐
Cr Jae Papalia
☐
Cr Ranka Rasic, Mayor
☐
Cr Virginia Tachos
Council Officers in
attendance:
Ayaan Qani - Youth Development Officer, Youth Services
Nicole Andrew - Youth Development and Wellbeing Officer, Youth Services
Damir Lendich - Coordinator, Youth Services
Other attendees:
Brimbank Youth Council members x 9
Leading Senior Constable, Victoria Police Fethullah
Sergent, Victoria Police
Name of Council
Officer completing
Record of Informal
Meeting:
Ayaan Qani - Youth Development Officer
Issues considered
(if no conflicts of interest were disclosed, enter “nil” in name column. Add and delete rows as required)
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Attachment 12.4.1
Page 2 of 2
No. Brief description of issue/agenda item
Name of person(s)
who disclosed a
conflict of interest
Did the person(s)
leave the meeting?
1. Welcome, Acknowledgement of Country
Nil
No
2. Council Update
Nil
No
3. Brimbank Youth Council Update
Nil
No
4. Break
Nil
No
5. BYC Non-Project Update
Nil
No
6. Victoria Police Presentation
7. Open floor for BYC to raise issues to present
Nil
No
8. Correspondence and Requests for BYC
Nil
No
9. Upcoming dates and meetings for BYC
Nil
No
10. Questions, Close and Thank you
Nil
No
Forward completed
Record of Informal Meeting of Councillors
to Governance within 48 hours of the
meeting for Reporting to
Council.
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Attachment 12.4.1
Page 1 of 2
Record of Informal
Meeting of Councillors
Meeting details
Title:
Brimbank Disability Advisory Committee (DAC)
Date:
27 August 2024
Time:
10.00am-12.00pm
Location:
Brimbank Community & Civic Centre, Level 6, 301 Hampshire Road, Sunshine
And Zoom
Councillors in
attendance:
☐
Cr Ranka Rasic, Mayor
☐
Cr Jae Papalia, Deputy Mayor
☒
Cr Victoria Borg
☐
Cr Sarah Branton
☐
Cr Thuy Dang
☐
Cr Sam David JP
☐
Cr Maria Kerr
☐
Cr
Bruce Lancashire
☐
Cr Jasmine Nguyen
☐
Cr Thomas O'Reilly
☐
Cr Virginia Tachos
Council Officers in
attendance:
Raewyn Afu - Strengthening Communities Coordinator
Simone Shirkey - Senior Diversity, Equity, Access and Inclusion Officer
Other attendees:
Community members x4
Name of Council
Officer completing
Record of Informal
Meeting:
Simone Shirkey - Senior Diversity, Equity, Access and Inclusion Officer
Issues considered (if no conflicts of interest were disclosed, enter “nil” in name column. Add
and delete rows as required)
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Attachment 12.4.1
Page 2 of 2
No. Brief description of issue/agenda item
Name of person(s)
who disclosed a
conflict of interest
Did the person(s)
leave the meeting?
1. Previous minutes
Nil
No
2. DAC and Disability Action Plan Reflections
Nil
No
3. Disability Action Plan (DAP) update
Nil
No
4. Draft Accessible and Inclusive Events Guide
update
Nil
No
5. Brimbank Disability Network Group update
Nil
No
6. Other business
- International Day of People with Disabilities
- Community Listening Post
Nil
No
Forward
completed Record of Informal Meeting of Councillors to Governance within 48 hours of the meeting for Reporting to Council.
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Attachment 12.4.1
Page 1 of 2
Record of Informal Meeting
of Councillors
Meeting details
Title:
Brimbank Economic & Employment Advisory Group
Date:
28 August 2024
Time:
3:30pm to 5:43 pm
Location:
Brimbank Community & Civic Centre - 301 Hampshire Road, Sunshine
Councillors in
attendance:
☐
Cr Victoria Borg
☐
Cr Sarah Branton
☐
Cr Thuy Dang
☐
Cr Sam David JP
☐
Cr Maria Kerr
☐
Cr
Bruce Lancashire
☐
Cr Jasmine Nguyen
☐
Cr Thomas O'Reilly
☐
Cr Jae Papalia, Deputy Mayor
☐
Cr Ranka Rasic, Mayor
☒
Cr Virginia Tachos
Council Officers in
attendance:
Peter Forbes: Coordinator Economic Development
Leanne Deans: Manager City Strategy
Jenny Mitten: Senior Economic Development Officer - Tourism
Zoe Ennis: Sunshine
Town Centre Place Manager
Christine Thomas: Business Support Officer, City Strategy
Other attendees:
Business Members x 9, Vietnamese Museum Australia Representative x 1
Name of Council
Officer completing
Record of Informal
Meeting:
Peter Forbes: Coordinator Economic Development
Issues considered
(if no conflicts of interest were disclosed, enter “nil” in name column. Add and delete rows as required)
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Attachment 12.4.1
Page 2 of 2
No. Brief description of issue/agenda item
Name of person(s)
who disclosed a
conflict of interest
Did the person(s)
leave the meeting?
1. Vietnamese Museum Australia Presentation
None
No
2. Visitor Economy Research Presentation
None
No
3. Visitor Economy Discussion and Feedback
Session
None
No
4. Future Meetings Update
None
No
Forward completed
Record of Informal Meeting of Councillors
to Governance within 48 hours of the
meeting for Reporting to
Council.
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Attachment 12.4.1
Page 1 of 2
Record of Informal Meeting
of Councillors
Meeting details
Title:
Council Meeting Briefing
Date:
3 September 2024
Time:
6.00pm to 7:30pm
Location:
Zoom
Councillors in
attendance:
☒
Cr Victoria Borg
☒
Cr Sarah Branton
☒
Cr Thuy Dang
☒
Cr Sam David JP
☐
Cr Maria Kerr
☐
Cr Bruce Lancashire
☒
Cr Jasmine Nguyen
☒
Cr Thomas O'Reilly
☒
Cr Jae Papalia, Deputy Mayor
☒
Cr Ranka Rasic, Mayor
☒
Cr Virginia Tachos
Council Officers in
attendance:
Fiona Blair, Chief Executive Officer
Ashley Fleming, Acting Director Community Wellbeing
Georgie
Hill, Director People Partnerships and Performance
Chris Leivers, Director Infrastructure and City Services
Mark Stoermer, Director Corporate
Services
Leanne Deans, Acting Director City Futures
Danny Bilaver,
Manager Governance and Risk
Other attendees:
Municipal Monitors; Penny Holloway, Janet Dore
Name of Council
Officer completing
Record of Informal
Meeting:
Georgie Hill, Director People Partnerships and Performance
Issues considered
(if no conflicts of interest were disclosed, enter “nil” in name column. Add and delete rows as required)
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Attachment 12.4.1
Page 2 of 2
No. Brief description of issue/agenda item
Name of person(s)
who disclosed a
conflict of interest
Did the person(s)
leave the meeting?
1. Climate Emergency Report Card
Nil
<Select one>
2. Financial Statements 2023-2024 and
Performance Statement 2023-2024
Nil
<Select one>
3. Governance Report September 2024
Nil
<Select one>
4. Quarterly Advocacy Report September 2024
Nil
<Select one>
5. Annual Report Cards Sports Facility
Development Plan and Community Services
Infrastructure Plan
Nil
<Select one>
6. Annual Community Report Cards for Community
Learning and Participation
Nil
<Select one>
7. Annual Report Cards Community Strengthening
and Social Planning Combined Community
Reconciliation Action Plan 2019 – 2022
Nil
<Select one>
8. Confidential Report – Personnel Matter
Nil
<Select one>
9. Councillor Action Plan
Nil
<Select one>
Forward completed
Record of Informal Meeting of Councillors
to Governance within 48 hours of the
meeting for Reporting to
Council.
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Attachment 12.4.1
Page 1 of 3
Council Representative's
Report
Report details
Representative/s:
Cr Nguyen
Committee/Event:
Brimbank Youth Council 2024 Official Meeting Term 3
Meeting date:
14 August 2024
Report author:
Ayaan Qani
Report
The Brimbank Youth Council (Committee) met in person at BCCC on 14 August 2024.
Council Update
Council plan 2021-2025 will be revised by the new Councillors in 2025.
Youth Job Strategy is moving into the Brimbank Learning Futures.
New budget can not be passed until after Caretaker and new Councillors are in office.
Council term ends in October - encouragement for young people to campaign.
Brimbank Youth Council Update
Member
spoke about the two safety workshops the BYC attended. They learned about ways
they can keep safe by having situational awareness and use of verbal and non-verbal
communication.
Member
from the social media group shared their social media campaign will bring awareness
safety resources in lead up to their event in October. This will include sharing what they learned
from the safety workshops and amplifying existing resources.
Member
from the event committee shared that event purpose is to support and promote
pro-social behaviour through building connections. Event will be on Friday 4 October.
Members
provided update on Neighbourhood House Strategy. Consultation looked at
statistics of who uses these community centres and explored how centres can better engage
with the community, especially with young people.
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Attachment 12.4.2
Page 2 of 3
Member
shared that she
and other members
attended the State Government Treaty
Information Session with Minister for Treaty and First Peoples. Session addressed the gaps in
health, employment, high incarceration rates in Aboriginal and Torres Strait communities how
said gaps were intentional. Importance to work towards repair, reconciliation, and treaty.
Work towards a Treaty has been occurring over last 5-8 years. First nations group in parliament
involved in treat.
Victoria Police Presentation
Edge-weapons been a big issue in Brimbank. Education
required regarding the risks related to
carrying weapons.
VicPol and Crimestoppers deliver Cut the Violence campaign to reduce knife and edge-weapon
crimes through education/awareness.
On 19 October 10am-3pm VicPol are running community event in Watergardens as it's priority
location for police. Ambulance, emergency services will also be attending. Last year's event had
5000 people last year, was mostly young families/little kids. Interest for young people to be
part of the event. Request for BYC
to participate.
VicPol delivering Halloween event with primary students at STACC - in need of volunteers.
Requests for BYC to participate.
Discussion of recent police activities in Sunshine in response to groups participating in anti
social behaviour such as drinking in public. Changes to laws related to intoxication in public so
increase
in police presence to maintain safety.
Sharing
of STOP IT initiative - text report of unwanted sexual behaviour on transit. This is to
support victims to
report in an anonymous and discreet way.
Open floor for BYC to raise issues to present.
BYC asked VicPol representatives about their proposed events in October, specifically how it will
be promoted. M
ember
advised promoting via schools.
BYC asked Councillors regarding priority of community safety, specifically youth violence for
Brimbank. Response is that it is an area of priority for Council and is working with stakeholders
to
respond to this issue.
Correspondence and Requests for
BYC
Brimbank Youth Council have been invited to the Welcome Plaza
consultation, which will be held
on Monday 2 September.
Updates
BYC to proceed with weekly meetings to plan social media campaign and event.
Recommendations
There were no matters to be considered by Council.
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Attachment 12.4.2
Page 3 of 3
Next meeting:
This is the last formal meeting for BYC. The October meeting has been
cancelled as it is during Caretaker period.
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Attachment 12.4.2
Page 1 of 1
Council Representative's
Report
Report details
Representative/s:
Councillor Virginia Tachos
Committee/Event:
Brimbank Economic and Employment Advisory Group
Meeting date:
28 August 2024
Report author:
Peter Forbes, Coordinator Economic Development
Report
The Advisory Group were provided a presentation about the Vietnamese Museum Australia
(VMA) project proposed for Sunshine by VMA board member
.
Senior Economic Development officer (Tourism), Jenny Mitten, – presented some research
findings which will inform a future Visitor Economy Strategy for Brimbank. The Advisory Group
discussed
the research findings and provided feedback.
The next meeting of the Advisory Group will be confirmed after the Council election
and the
announcement of representative Councillors to
advisory and other groups.
Recommendations
There were no matters to be considered by Council.
Next meeting:
TBC.
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Attachment 12.4.2
S6 Instrument of Delegation to
Members of Council Staff
NOTE: This Instrument should be read in conjunction
with the primary legislation.
September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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 on 10
September 2024, and
2.2 the delegation:
2.2.1 comes into force immediately upon this resolution being made and is to
be signed by the Council’s Chief Executive Officer;
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 if 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 12 December 2023 is revoked.
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
Signed
by the Chief Executive Officer of Council
in the presence of:
………………………………………..
Witness
Date: ……………………………….
)
)
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
SCHEDULE
INDEX
DOMESTIC ANIMALS ACT 1994 ...................................................................................5
FOOD ACT 1984 .............................................................................................................6
HERITAGE ACT 2017...................................................................................................16
LOCAL GOVERNMENT ACT 1989 ..............................................................................17
PLANNING AND ENVIRONMENT ACT 1987 ..............................................................18
RESIDENTIAL TENANCIES ACT 1997........................................................................82
ROAD MANAGEMENT ACT 2004................................................................................84
PLANNING AND ENVIRONMENT REGULATIONS 2015..........................................100
RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS
REGISTRATION AND STANDARDS) REGULATIONS 2010....................................104
ROAD MANAGEMENT (GENERAL) REGULATIONS 2016......................................110
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
Coordinator City Compliance
Council may delegate this Power to a
Council authorised officer
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
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, (ia) displayed at any point of sale,
(ib) be published on the food business’s Internet
siteand (ii) inform the public by notice in a published
newspaper, on the Internet site or otherwise.
Director City Futures
Manager City Regulatory Services
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
if s 19(1) applies
Brimbank Council Meeting No. 637 - 10 September 2024
22 of 151
Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
FOOD ACT 1984
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration
authority
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
Team Leader Environmental Health
Environmental Health Officer
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
Only in relation to temporary food
premises or mobile food premises
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
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
s.19CB(4)(b) Power to request copy of records
Director City Futures
Manager City Regulatory Services
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
FOOD ACT 1984
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.19E(1)(d) Power to request a copy of the food safety
program
Director City Futures
Manager City Regulatory Services
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
s 19FA(1) Power to direct a proprietor of a food premises to
revise the food safety program for the premises or
comply with any requirements specified in the food
safety program
Director City Futures
Manager City Regulatory Services
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
Only in relation to temporary food premises
or mobile food premises
Subject to s 19FA(2), which requires a time
limit for compliance to be specified
s 19FA(3)(a) Power to refuse to approve an application for
registration or renewal of the premises, where a
proprietor of a food premises fails to comply with a
direction given under s 19FA(1)
Director City Futures
Manager City Regulatory Services
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
Only in relation to temporary food premises
or mobile food premises
Refusal to grant or renew the registration of
a food premises must be ratified by Council
or the CEO (see s 58A(2))
s 19FA(3)(b) Power to revoke a registration granted in respect of
premises, where a proprietor of a food premises fails
to comply with a direction given under s 19FA(1)
Director City Futures
Manager City Regulatory Services
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
Only in relation to temporary food premises
or mobile food premises
Brimbank Council Meeting No. 637 - 10 September 2024
24 of 151
Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
FOOD ACT 1984
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s 19FA(3)(c) Power to suspend the registration of the premises,
where a proprietor of a food premises fails to comply
with a direction given under s 19FA(1)
Director City Futures
Manager City Regulatory Services
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
Only in relation to temporary food premises
or mobile food premises
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
s 19N(2)
Function of receiving notice from the auditor
Director City Futures
Manager City Regulatory Services
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
FOOD ACT 1984
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.19NA(1) Power to request food safety audit reports
Director City Futures
Manager City Regulatory Services
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
s.19UA
Power to charge fees for conducting a food
safety assessment or inspection
Director City Futures
Manager City Regulatory Services
Team Leader Environmental Health
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
FOOD ACT 1984
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
---
Power to register or renew the registration of a food
premises
Director City Futures
Manager City Regulatory Services
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
s 36B
Duty to pay the charge for use of online portal
Director City Futures
Manager City Regulatory Services
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
Brimbank Council Meeting No. 637 - 10 September 2024
27 of 151
Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
FOOD ACT 1984
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
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
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
FOOD ACT 1984
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
s.38D(3)
Power to request copies of any audit reports
Director City Futures
Manager City Regulatory Services
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
FOOD ACT 1984
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
s.39A
Power to register, renew or transfer food premises
despite minor defects
Director City Futures
Manager City Regulatory Services
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
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
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
FOOD ACT 1984
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
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
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
s 43
Duty to maintain records of registration
Director City Futures
Manager City Regulatory Services
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
FOOD ACT 1984
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
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
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration
authority
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
Team Leader Environmental Health
Environmental Health Officer
Where Council is the registration authority
Refusal to grant or renew the registration of
a food premises must be ratified by Council
or the CEO (see s 58A(2))
s 45AC
Power to bring proceedings
Director City Futures
Manager City Regulatory Services
Team Leader Environmental Health
Environmental Health Officer
Prosecutions Officer
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
Team Leader Environmental Health
Environmental Health Officer
Prosecutions Officer
Where Council is the registration authority
Brimbank Council Meeting No. 637 - 10 September 2024
32 of 151
Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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.
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
PLANNING AND ENVIRONMENT ACT 1987
Column 1
Column 2
Column 3
Column 4
PROVISION POWER/FUNCTION DELEGATED
DELEGATE
CONDITIONS & LIMITATIONS
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
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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)
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
Finance Manager
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
Finance Manager
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
Finance Manager
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
Finance Manager
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
Finance Manager
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
Finance Manager
Where Council is the development
agency under an approved
infrastructure contributions plan
This Duty does not apply Where
Council is also the
collecting agency
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
Finance Manager
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
Finance Manager
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
Finance Manager
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'
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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,
services or facilities in an area under
s.46Q(4)(c)
s.46Q(4)(a)
Minister
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
Finance Manager
Where council is a collecting agency
or development agency
Brimbank Council Meeting No. 637 - 10 September 2024
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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 and Property Services
Manager Capital Works and Building Projects
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 and Property Services
Manager Capital Works and Building Projects
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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. 125(1) Power to apply to any court of competent
jurisdiction or to the tribunal for an injunction
restraining any person from contravening an
enforcement order or an interim enforcement
order.
Director City Futures
Manager City Development Services
Coordinator Planning Compliance
Section 123 of the
Victorian Civil and
Administrative Tribunal Act 1998
applies
on an application to the
Tribunal.
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
s. 148B
Power to apply to the Tribunal for a
declaration.
Director City Futures
Manager City Development Services
Coordinator City Planning
Coordinator Planning Compliance
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
---
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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.
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
-
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
-
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
Manager Asset and Property Services
Director Corporate Services
Finance Manager
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
s11(9)(b)
Duty to advise Registrar
Director City Futures
Manager City Development Services
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Finance Manager
Director People, Partnerships and Performance
Director Corporate Services
Manager Governance and Risk
Coordinator, Legal Governance and Integrity
Governance and Legal Support Officer
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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 and Property Services
Manager Capital Works and Building Projects
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 and Property Services
Manager Capital Works and Building Projects
Where Council is the coordinating road
authority
s12(10)
Duty to notify of decision made
Director Infrastructure and City Services
Manager Engineering and Infrastructure
Manager Assets and Property Services
Manager Capital Works and Building Projects
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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 and Property Services
Manager Capital Works and Building Projects
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 and Property Services
Manager Capital Works and Building Projects
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Attachment 12.4.3
S6 Instrument of DelegationfromCouncil to Staff –September2024
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 and Property Services
Manager Capital Works and Building Projects
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 and Property Services
Manager Capital Works and Building Projects
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 and Property Services
Manager Capital Works and Building Projects
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 and Property Services
Manager Capital Works and Building Projects
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 and Property Services
Manager Capital Works and Building Projects
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
Brimbank Council Meeting No. 637 - 10 September 2024