Register of Delegations from Council to CEO · 2014-07-09 · Gold Coast City Council Redland City Council Logan City Council BCCMA03 Power, as a utility service provider, to ask

All appropriate powers under this Act have been delegated to the CEO unless otherwise limited as set out below.These delegated powers shall include any future amendments to the above Legislation unless otherwise specially delegated below.

NO. DATE AND NUMBER OF RESOLUTION

DESCRIPTION OF POWER DELEGATED LEGISLATION SPECIAL DELEGATION CONDITIONS

DELEGATION TO THE CEO

Yes

AMA02 Power to recognise a body supervising an exhibition in which a cat or dog is participating.

Section 42(4) Animal Management (Cats and Dogs) Act 2008

Yes

AMA03 Power to, by notice, ask for further information or documentsreasonably required to register a cat or dog.


Yes

Yes

Yes

AMA06 Power to ask the owner of the cat or dog for other information ordocuments in the way mentioned in section 48.


Yes

AMA07 Power to; Section 55(4) Animal Management (Cats and Dogs) Act 2008

Yes

Update the information in the relevant register; andIssue the owner with a notice of the amended information.

Power to give registration notice. Section 49(2) Animal Management (Cats and Dogs) Act 2008

AMA05 Power to keep registration form and information. Section 51 Animal Management (Cats and Dogs) Act 2008

Register of Delegations from Council to CEO

AMA01 Power to give identifying information to particular persons. Section 39 Animal Management (Cats and Dogs) Act 2008

AMA04

Register of Delegations

ANIMAL MANAGEMENT (CATS AND DOGS) ACT 2008

http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2008/08AC074.pdf�


http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/A/AnimalManA08.pdf�













Register of Delegations Legislative Council Delegations

Version 1 Page 2 of 220




AMA08 Power to give renewal notice to renew registration for a cat or dog. Section 56(1) Animal Management (Cats and Dogs) Act 2008

Yes

AMA09 Power to ask the owner of the cat or dog for other information ordocuments in the way mentioned in section 48.


Yes

AMA10 Power to update information in the appropriate register and give aregistration device to the owner of the registered cat or dog.


Yes

AMA11 Power to recognise a body supervising an exhibition or an obedience trial in which a dog is participating.


Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Power to: Yes· if the application is granted, issue a renewed permit; or · if the application is refused, issue a decision notice.

AMA12 Power to require applicant to give a stated document or information thatis relevant to a permit application.

Power to issue a decision notice after deciding to refuse a permit application.

Section 79 Animal Management (Cats and Dogs) Act 2008

AMA14 Power to decide whether desexing is likely to be a serious risk to the health of a dog.


AMA15 Power to impose conditions on the grant of an application for a restricted dog permit.


AMA20 Section 84(5) Animal Management (Cats and Dogs) Act 2008


AMA13 Power to grant or refuse a permit application within a certain time. Section 75(1) Animal Management (Cats and Dogs) Act 2008

AMA18 Power to grant or refuse a renewal application within a certain time. Section 84(1) Animal Management (Cats and Dogs) Act 2008

AMA19 Power to seek further information in deciding an application for a renewal application.

Section 84(4)(b) Animal Management (Cats and Dogs) Act 2008

AMA16 Power to issue a restricted dog permit. Section 77 Animal Management (Cats and Dogs) Act 2008

AMA17
































Yes

Yes

Yes

Yes

Yes

Yes

Yes

AMA27 Power to appoint authorised persons. Section 104 Animal Management (Cats and Dogs) Act 2008

Yes

AMA28 Power to sign a signed notice Section 105(1) Animal Management (Cats and Dogs) Act 2008

Yes

AMA29 Power to issue an identity card to each authorised person. Section 106(1) Animal Management (Cats and Dogs) Act 2008

Yes

AMA30 Power to accept a resignation from an authorised person in the form ofa signed notice.


Yes

AMA31 Power to collect the identity card of a person who ceases to be anauthorised person.


Yes

Yes

AMA21 Power to amend a restricted dog permit at any time. Section 87 Animal Management (Cats and Dogs) Act 2008

AMA23 Power to consider any written representations and evidence within a period stated in a proposed declaration notice and make a regulated dog declaration.


AMA24 Power to give an owner of a dog the subject of a proposed declaration notice, a declaration notice or an information notice.


AMA21 Power to give a dog owner a proposed declaration notice regarding a dog.


AMA22 Power to withdraw a proposed declaration notice regarding a dog. Section 92 Animal Management (Cats and Dogs) Act 2008

AMA32 Power to give notice of a proposed inspection program. Section 114 Animal Management (Cats and Dogs) Act 2008

AMA25 Power to destroy a surrendered regulated dog. Section 100 Animal Management (Cats and Dogs) Act 2008

AMA26 Power to recover reasonable seizure or destruction costs. Section 102 Animal Management (Cats and Dogs) Act 2008
































AMA33 Power to inspect information kept in the regulated dog register. Section 173(1)(b) Animal Management (Cats and Dogs) Act 2008

Yes

AMA34 Power to give notice to the chief executive if a restricted dog isregistered in the local government’s area or the local governmentmakes a regulated dog declaration in its area.


Yes

AMA35 Power to give the chief executive notice of changed information ornotice of a holder’s new residential address upon receiving a noticeunder section 54 or schedule 1.


Yes

AMA36 Power to respond to the chief executive regarding confirmation ofparticular information.


Yes

AMA37 Power to keep the cat and dog registry of the local government. Section 177(1) Animal Management (Cats and Dogs) Act 2008

Yes

Yes

AMA39 Power to accept an application for an internal review of a decision made by Council or an authorised person appointed by Council.


Yes

AMA40 Power to extend the time for making a general review application. Section 183(2) Animal Management (Cats and Dogs) Act 2008

Yes

AMA41 Power to conduct an internal review and make a decision to confirm,amend or substitute the original decision.


Yes

AMA42 Power to issue the applicant with a notice of internal review decision. Section 187(2) Animal Management (Cats and Dogs) Act 2008

Yes

Yes

AMA44 Power to sign a certificate about the state of, or a fact in, a record of thelocal government


Yes

AMA38 Power to include other information considered appropriate in the general register.

Section 178(e) Animal Management (Cats and Dogs) Act 2008

AMA43 Power to authorise an employee to verify a copy of a document. Section 198(1) Animal Management (Cats and Dogs) Act 2008






























AMA45 Power to approve forms for use under the Act. Section 209(2) Animal Management (Cats and Dogs) Act 2008

Yes





Section 159 (6) Body Corporate and

Yes(Accommodation Module) Regulation 2008.





Section 117 (6) Body Corporate andCommunity Management

Yes

(Commercial Module) Regulation 2008.





Section 95(6) Body Corporate and Community Management (Small

Yes

Schemes Module) Regulation 2008.

BCCMSCR01 Power, as the relevant planning body, to issue a certificate approving ornoting (as required under the Sustainable Planning Act ) an instrumentgiving effect to a transaction of the body corporate.

BCCMAR01 Power, as the relevant planning body, to issue a certificate approving ornoting (as required under the Sustainable Planning Act ) an instrumentgiving effect to a transaction of the body corporate.

BODY CORPORATE AND COMMUNITY MANAGEMENT (ACCOMMODATION MODULE) REGULATION 2008

BODY CORPORATE AND COMMUNITY MANAGEMENT (COMMERCIAL MODULE) REGULATION 2008

BODY CORPORATE AND COMMUNITY MANAGEMENT (SMALL SCHEMES MODULE) REGULATION 2009

BCCMCR01 Power, as the relevant planning body, to issue a certificate approving ornoting (as required under the Sustainable Planning Act ) an instrumentgiving effect to a transaction of the body corporate.



http://www.legislation.qld.gov.au/LEGISLTN/SLS/2008/08SL270.pdf�



http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BodyCorpCoR08.pdf�








http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BodyCorpSmSMR08.pdf�



http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BodyCorpAcMR08.pdf�

http://http/www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BodyCorpCoR08.pdf�








Section 161(6) Body Corporate and Community Management

Yes

(Standard Module) Regulation 2008.





Yes

Power, as a utility service provider, to enter an agreement with a bodycorporate in relation to the utility charges for the scheme land.

Yes

NOTE: By virtue of the South-East Queensland Water (Distributionand Retail Restructuring) Act 2009 the following councils do NOT havethis power in relation to water services and wastewater services:

Sunshine Coast Regional CouncilMoreton Bay Regional CouncilBrisbane City CouncilIpswich City CouncilScenic Rim Regional CouncilLockyer Valley Regional CouncilSomerset Regional CouncilGold Coast City CouncilRedland City CouncilLogan City Council

BCCMA03 Power, as a utility service provider, to ask the registrar to register acharge and to remove the charge when the amount secured by thecharge is paid.

Section 197 Body Corporate and Community Management Act 1997

Yes

NOTE: By virtue of the South-East Queensland Water (Distribution andRetail Restructuring) Act 2009 the following councils do NOT have thispower in relation to water services and wastewater services:

BCCMSMR01 Power, as the relevant planning body, to issue a certificate approving ornoting (as required under the Sustainable Planning Act ) an instrumentgiving effect to a transaction of the body corporate.

BCCMA01 Power to endorse a proposed community management statement. Section 60(3) Body Corporate and Community Management Act 1997.

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

BCCMA02 Section 196(4) Body Corporate and Community Management Act 1997

BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2008

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BodyCorpStR08.pdf�







http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BodyCorpA97.pdf�










Yes

Power, as employee or agent of a utility service provider, to enter thecommon property at all reasonable times if necessary to install, repair,remove, replace, inspect, read or investigate the service provider’sinfrastructure.

Yes

NOTE: By virtue of the South-East Queensland Water (Distribution andRetail Restructuring) Act 2009 the following councils do NOT have thispower in relation to water services and wastewater services:


BCCMA04 Power to enter the common property if necessary to exercise a powerconferred under an Act.

Section 316(1) Body Corporate and Community Management Act 1997

BCCMA05 Section 316(2) Body Corporate and Community Management Act 1997











BA01 Power, under IDAS to receive, assess and decide a building

Section 51(2)(a) Building Act 1975 Yes

Yes

Yes

Yes

Yes

BA05 Power to accept and, without further checking, rely and act on adocument, given to Council by a private certifier for a buildingdevelopment application, for the purpose of making it available forinspection or purchase as required by the Sustainable Planning Act .

Section 54 Building Act 1975 Yes

BA02 Power to appoint or employ a private certifier or another buildingcertifier.

Section 51(2)(b) Building Act 1975

BA04 Power, in carrying out functions under the Building Act , to accept and,without checking, rely and act on a certificate or other document madeby or given to the building certifier.

Section 53(2) Building Act 1975 ·

BA03 Power to appoint or employ a building certifier where asked in writing bythe nominated owner and the building work has not been certified.

Section 51(3) Building Act 1975

BA04 Power to issue a building development approval. Section 52 Building Act 1975

BUILDING ACT 1975

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BuildA75.pdf�












BA06 Power, as assessment manager, in relation to undecided buildingdevelopment applications and lapsed building development approvals,to resume or start an application for building development approval atany stage of IDAS considered appropriate.


Yes

Yes

BA09 Power to take the action it considers necessary to complete the buildingwork where the building development approval lapses and the buildingwork is other than demolition.

Section 92(2) Building Act 1975 Yes

Yes

Yes

BA12 Power to consult with a private certifier with regard to further extensionsof the period under SPA, s 341 (When approval lapses if developmentnot started).


BA13 Power to grant or refuse BCA classification change or use change, ifowner of building applies.


Yes

Yes

BA07 Power, as the holder of a registered easement or statutory covenant, toconsent to building work.

Section 65 Building Act 1975

BA11 Power to refund or release part of any security given to the localgovernment for the carrying out of the building work, at any time, havingregard to the progress of the building work.


BA14 Power, as the assessment manager, to take enforcement action againstan owner contravening section 114 of the Act.


BA08 Power to give a private certifier a document acknowledging receipt ofthe fee mentioned in subsection 86(1)(c).


BA10 Power to use all or part of any security given to the local government forthe carrying out of the building work.


BA15 Power to approve the use of a building, other than a class 1, 2, 3 or 4building, for residential purposes.

Section 119 Building Act 1975 ·
















BA16 Power to give the owner of a building a certificate of classification forthe building if built before 30 April 1998 and the owner applies.


Yes

Yes

BA19 Power to apply to the Queensland Civil and Administrative Tribunal toconduct disciplinary proceeding to determine whether there are propergrounds for taking disciplinary action against a building certifier.


BA20 Power to notify the Queensland Building Services Authority of itsapplication to the Queensland Civil and Administrative Tribunal.


Section 221(2) YesBuilding Act 1975

Section 221(3) YesBuilding Act 1975

Yes

BA18 Power to consider any representations made under the show causenotice and decide to take no further action, or apply to the QueenslandCivil and Administrative Tribunal to start a disciplinary proceedingagainst the building certifier.


BA21 Power to consult with any other entity considered appropriate indeciding an application made by the owner of a budget accommodationbuilding to approve a period for the building under section 220(a)(ii) or(b)(ii) (longer periods for approval).

BA17 Power to give a building certifier a notice (‘show cause notice’). Section 206(1) Building Act 1975

BA22 Power to grant (including with reasonable conditions) or refuse anapplication made by the owner of a budget accommodation building toapprove a period for the building under section 220(a)(ii) or (b)(ii)(longer periods for approval).

BA23 Power to, on written application from the owner, decide whether or not abuilding conforms with fire safety standards and, if applicable, statewhat must be done to make the building conform.

Section 222(2) Building Act 1975 ·














Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

BA24 Power to inspect budget accommodation buildings at least once every 3years.


BA25 Power to, on application by a pool owner, decide an application forexemption from complying with part of the pool safety standard relatingto barriers for a regulated pool due to disability (with or withoutconditions).


BA28 Power to, on application by a pool owner, decide an application forexemption from complying with part of the pool safety standard relatingto barriers for the regulated pool due to compliance being impracticable(with or without conditions).

Section 245B Building Act 1975

BA29 Power to give the owner of the regulated pool a show cause notice. Section 245E(2) Building Act 1975

BA26 Power to give an applicant a show cause notice. Section 242(2) Building Act 1975

BA27 Power to consider any representations made under the show causenotice and give a further notice (a revocation notice) to the applicant,revoking the decision previously given.


BA30 Power to consider any representations made under the show causenotice and give a further notice (a revocation notice) to the owner,revoking the decision previously given.

Section 245E(3) Building Act 1975

BA31 Power to make copy of exemption available for inspection and purchaseas if it were a document that chapter 9, part 6 of SPA must be availablefor inspection and purchase.

Section 245FA(2) Building Act 1975














BA32 Power to inspect a regulated pool for compliance when a pool safety

Section 246ADA(2) Building Act 1975 Yes

Yes

BA34 Power, as employee or agent, to enter land and inspect a regulated poolwhere a notice under section 246AC(4) or section 246ADA is received. Section 246AE(2) Building Act 1975

Yes

Yes

Yes

Yes

BA38 Power to, by gazette notice, designate land as a transport noisecorridor.

Section 246X Building Act 1975 Yes

Yes

Yes

Yes

BA35 Power to cancel pool safety certificate for a regulated pool. Section 246AF Building Act 1975

BA36 Power to give a show cause notice before cancelling a pool safetycertificate.

Section 246AG(1) Building Act 1975

BA33 Power to take necessary enforcement action to ensure the poolcomplies with the pool safety standard or fencing standards for the pool.

Section 246ADA(5) Building Act 1975

BA40 Power to give an enforcement notice to a person who does not complywith a particular matter in the Building Act 1975 .


BA41 Power to give a person a show cause notice. Section 248(3) Building Act 1975

BA37 Power to consider submissions and decide whether to cancel a poolsafety certificate.

Section 246AG(5) Building Act 1975

BA39 Power to give a notice (‘enforcement notice’) to the owner of a building,structure or building work.

















BA42 Power to authorise an officer to enter a building or structure and removeall persons found there. Section 253 Building Act 1975 Yes

BA43 Power to authorise a person to make a complaint for an offence againstthe Building Act 1975.


Yes





CPMA01 Power to make submissions to the Minister regarding a draft coastalplan.

Section 25(2)(d) Coastal Protection and Management Act 1995

Yes

Power to:- Yes(a) make submissions to the Minister before a regulation, pursuant tosection 54(1)(b), is made declaring, changing the boundaries of orabolishing a coastal management district; and(b) when making a submission, ask the Minister for a response on thesubmission.

CPMA03 Power to appeal against the chief executive’s decision to give a coastalprotection notice to Council.

Section 59(5) Coastal Protection and Management Act 1995

Yes

CPMA04 Power to appeal against the chief executive’s decision to give a tidalworks notice to Council.


Yes

Power, as an owner of land or as a party with an interest in the land, to:- Yes

(a) give written notice to the chief executive claiming compensation atany time during, or within 3 months after, the chief executive’soccupation and use of the land; and(b) make an agreement with the chief executive concerning theamount of compensation payable.

Yes

CPMA05 Section 68(5), (6) and (9) Coastal Protection and Management Act 1995

CPMA06 Power to make an application to the chief executive for an allocation ofquarry material in tidal water.

Section 73 Coastal Protection and Management Act 1995

BA44 Power to extend the time for an owner of a swimming pool to complywith section 235 (where an extension under section 49H(11)(b) of theLocal Government Act 1936 is still in force.


CPMA02 Section 57 Coastal Protection and Management Act 1995

COASTAL PROTECTION AND MANAGEMENT ACT 1995



http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CoastalProtA95.pdf�


















DELEGATION TO THE CEOYes

CPMA08 Power, as an allocation notice holder, to give the chief executive writtennotice:-

Yes

a) about the quantity of quarry material removed under the allocationin a period where a condition requires it; orb) about the quantity of quarry material removed under the allocationin a quarter within 20 business days after the end of a quarter.

Yes

CPMA10 Power, as an allocation notice holder, to apply to the chief executiveofficer to renew the allocation notice.


Yes

CPMA11 Power, as an allocation notice holder, to make representations to thechief executive showing why the allocation notice should not beamended, suspended or cancelled.


Yes

CPMA12 Power, as an allocation notice holder, to surrender the allocation. Section 88 Coastal Protection and Management Act 1995

Yes

Yes

Yes

Yes

Power:- Yes(a) as an owner of freehold land; or(b) an occupier of land, other than freehold land, adjacent to State tidalland; or(c) as a public utility provider; or(d) as a trustee under any law or agreement,to occupy and use State tidal land to carry out tidal works in accordancewith a development permit or to maintain and use infrastructureconstructed as part of tidal works.


CPMA13 Power to certify a plan of subdivision which shows an artificial waterway. Section 119(2) Coastal Protection and Management Act 1995

CPMA14 Power to apply to the chief executive for an exemption certificate tocarry out operational work that would have insignificant impact oncoastal management.

Section 120A Coastal Protection and Management Act 1995

CPMA07 Power to make a submission to the chief executive about Council’sviews on the removal of quarry material or placement of spoil regardingan application for allocation of quarry material.

Section 75(3)(c) Coastal Protection and Management Act 1995

CPMA09 Power, as an allocation notice holder, to apply to the chief executive totransfer all or part of the allocation to another person.


CPMA15 Power to maintain and keep clean each canal in its area and accesschannel for a canal in its area, whether or not the access channel is in

Section 121 Coastal Protection and Management Act 1995.

CPMA16 Section 123(4) Coastal Protection and Management Act 1995


























CPMA17 Power:- Section 124 Coastal Protection and Management Act 1995

Yes

(a) as an owner of freehold land adjacent to State tidal land; or(b) as an occupier of land, other than freehold land, adjacent to Statetidal land ;or(c) as a public utility provider; or (d) as a trustee under any law or agreement, to ensure that tidal works are maintained in a safe condition.

CPMA18 Power, as an owner or occupier of land, to allow an authorised personto enter the land.

Section 134(3)(a) Coastal Protection and Management Act 1995

Yes

CPMA19 Power to claim compensation if Council incurs a loss or expensebecause of the exercise or purported exercise of a power underchapter 3, part 2, division 1 by an authorised person.


Yes

CPMA20 Power, as an owner of an interest in land, to claim compensation if theexisting use that may be made of the land is changed by a prohibitionimposed by the coastal plan or the declaration of a coastal management district.

Section 150 and 152 Coastal Protection and Management Act 1995

Yes

CPMA21 Power, as an owner of an interest in land, to appeal against the decisionof the chief executive regarding a claim for compensation under section150.

Section 153(3) and (4) Coastal Protection and Management Act 1995

Yes

CPMA22 Power to make an appeal to the Planning and Environment Courtagainst the chief executive’s decision to give Council a coastalprotection or tidal works notice.


Yes

Power to:- Yes(a) where the chief executive has delegated powers under theCoastal Protection and Management Act 1995 , to exercise thosepowers; and(b) sub-delegate the powers delegated by the chief executive undersubsection (1) to an appropriately qualified entity.

YesCPMA24 Power to elect not to be the assessment manager (in which caseCouncil cannot be a referral agency) for an application to make a minorchange to a deemed approval under section 177.


CPMA23 Section 165 Coastal Protection and Management Act 1995






















Yes





DGSM01 Power, if the administration and enforcement of a regulation is devolvedto Council, to appoint a Council employee to be an authorised officer.

Section 54(2) Dangerous Goods Safety Management Act 2001

Yes

DGSM02 Power, as administering executive, to issue an identity card to eachauthorised officer.

Section 59 Dangerous Goods Safety Management Act 2001

Yes

DGSM03Power to consider an application for a review of an authorised officer’sdirective or require further information.


Yes

DGSM04 Power to make a decision on an application under section 103. Section 104 Dangerous Goods Safety Management Act 2001

Yes

Yes

Section 107A Yes

Dangerous Goods Safety Management Act 2001

Yes

DGSM08 Power, where a regulation is devolved to Council under section 182Dangerous Goods Safety Management Act , to delegate those powersdevolved to an appropriately qualified Council officer or public serviceofficer.


Yes

CPMA25 Power to elect not to be the responsible entity for a request to make apermissible change to a deemed approval under section 177.


DGSM07 Power to exercise all the powers of the chief executive under theDangerous Goods Safety Management Act that have been delegated toCouncil.


DGSM05 Power to recover the costs reasonably incurred in dealing with adangerous situation.

Section 107(2) Dangerous Goods Safety Management Act 2001

Power to issue a cost recovery notice, for the recovery of costs undersection 107, to a person reasonably believed to be a prescribed person.

DANAGEROUS GOODS SAFETY MANAGEMENT ACT 2011

DGSM06

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/D/DanGoSaManA01.pdf�
























DGSM09 Power, where the administration and enforcement of a regulation isdevolved to Council under section 182 Dangerous Goods SafetyManagement Act , to approve forms for use under the regulation.


Yes





Yes

DGSMR02Power, where an occupier of premises adjoining the boundary oflicensed premises has agreed in writing that the boundary is not to betaken to be protected work for the purposes of measuring separationdistances under AS1940 under Part 4 of the Dangerous Goods SafetyManagement Regulation for an application for a licence or to amend orrenew a licence, to consent to the agreement and note it on the licencefor the duration of the agreement.

Section 80 Dangerous Goods Safety Management Regulation 2001

Yes

DGSMR03

DGSMR04 Power to require an applicant to provide further information for anapplication to store flammable or combustible liquid on the premises.


Yes

DGSMR05 Power to grant, or refuse to grant, an application for a licence to storeflammable or combustible liquid on the premises.


Yes

DGSMR06 Power, before deciding an application for a licence to store flammableor combustible liquid on the premises, to investigate the applicant andrequire the applicant to provide further information.


Yes

DGSMR01 Power to administer and enforce Part 4 of the Regulation. Section 79 Dangerous Goods Safety Management Regulation 2001

DANGEROUS GOODS SAFETY MANAGEMENT REGULATION 2001



http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/D/DanGoSaManR01.pdf�
















DGSMR07 Power to impose other reasonable conditions considered appropriate ona licence to store flammable or combustible liquid.


Yes

DGSMR08 Power to decide the form of a licence to store flammable or combustibleliquids.


Yes

DGSMR09 Power to grant or refuse to grant an application for renewal of a licenceto store flammable or combustible liquid.


Yes

DGSMR10 Power, before deciding an application for renewal of a licence, torequest the applicant to provide further information.


Yes

DGSMR11 Power to amend or refuse to amend a licence, where an application ismade to amend a licence.


Yes

DGSMR12 Power, before deciding an application to amend a licence, to requestthe applicant to provide further information.


Yes

DGSMR13 Power to transfer, or refuse to transfer a licence, where an application ismade by the licensee to transfer the licence.


Yes

DGSMR14 Power, before deciding an application to transfer a licence, to requestthe applicant to provide further information.


Yes

DGSMR15 Power to give the licensee a show cause notice where it is consideredthat a ground exists to suspend or cancel a licence.


Yes

DGSMR16 Power to consider all written representations made by the licenseeabout a show cause notice.


Yes


























DGSMR17 Power to take no further action about a show cause notice where, afterconsidering any representations, it is considered that grounds no longerexist to suspend or cancel the licence.


Yes

DGSMR18 Power, after considering the accepted representations for the showcause notice, to suspend a licence for a stated period or cancel alicence.


Yes

DGSMR19 Power to determine the form to be used for an application for a licence,or to renew, amend or transfer a licence.


Yes

DGSMR20 Power to grant or refuse to grant an application for a replacementlicence.


Yes

DGSMR21 Power, at any time, to extend the time for applying for review of anoriginal decision.


Yes

DGSMR22 Power to review the original decision, and to decide to:(a) confirm the original decision; or Yes(b) amend the original decision; or(c) substitute another decision for the original decision.





DMA01 Power to appoint a person to a District Disaster Management Group for a disaster district.

Section 24 Disaster Management Act 2003.

Yes

DMA02 Power to nominate a person to a Temporary District DisasterManagement Group.

Section 28B Disaster Management Act 2003.

Yes

Yes

DMA04 Power to agree to unite with one or more other local government/s forthe purpose of establishing a local group.


Yes


Power to establish a Local Disaster Management Group for the localgovernment area.


DMA03

DISASTER MANAGEMENT ACT 2003











http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/D/DisastManA03.pdf�
















DMA05 Power to appoint a person as a member of a Local DisasterManagement Group.


Yes

DMA06 Power to appoint a chairperson and deputy chairperson of a LocalDisaster Management Group.


This delegation may only beused in the absence of theChair and Deputy Chair.

Yes

DMA07 Power to provide, at least once a year, written notice of the members ofa Local Disaster Management Group to the chief executive and thechairperson for the disaster district in which the Local DisasterManagement Group is situated.


Yes

DMA08 Power to prepare a local disaster management plan for disastermanagement in the local government’s area.

Section 57(1) Disaster Management Act 2003.

Yes

DMA09 Power to review, or renew, its local disaster management plan when local government considers it appropriate.


Yes

DMA10 Power to, on payment of the appropriate fee, give a person a copy of the local disaster management plan.


Yes

DMA11 Power to agree to unite with one or more other local governments for the purpose of preparing a local disaster management plan.


Yes

DMA12 Power to consult with the chief executive regarding the chief executive establishing an SES unit for the local government area.

Section 84A Disaster Management Act 2003.

Yes

DMA13 Power to nominate a member to be appointed the local controller of an SES unit by the chief executive.


Yes

DMA14 Power to enter into an agreement with the chief executive that sets out the responsibilities of each party in relation to the SES in the local government’s area.

Section 88A Disaster Management Act 2003.

Yes

DMA15 Power to consult with the chief executive regarding the chief executive establishing an ES unit (emergency service unit) in the local government area.


Yes

DMA16 Power to consult with the chief executive regarding the functions of an ES unit in the local government area.


Yes

DMA17 Power to nominate a member to be appointed as an ES unit coordinator by the chief executive.


Yes

































Yes

EPWMP02 Power to prepare a waste management plan. Section 26 Environmental Protection (Waste Management) Policy 2000

Yes

EPWMP03 Power to prepare a waste management plan in conjunction with anotherlocal government.

Section 27 Environmental Protection (Waste Management) Policy 2000

Yes

EPWMP04 Power to review its waste management plan every 5 years. Section 29 Environmental Protection (Waste Management) Policy 2000

Yes

EPWMP05 Power to amend its waste management plan. Section 30 Environmental Protection (Waste Management) Policy 2000

Yes

EPWMP06 Power to provide the chief executive with an annual report about itswaste management under its plan.


Yes





YesEPWMR01 Power to require an owner or occupier to arrange for the removal ofgeneral waste and designate premises as serviced premises.

Section 10B Environmental Protection (Waste Management) Regulation 2000

EPWMP01 Power, as an administering authority, to impose conditions on adevelopment approval or environmental authority.


ENVIRONMENTAL PROTECTION (WASTE MANAGEMENT) POLICY 2000

ENVIRONMENTAL PROTECTION (WASTE MANAGEMENT) REGULATION 2000

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Policy 2000/26 Plan must be prepared and implemented�






http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Policy 2000/30 Amendment of plan�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Policy 2000/30 Amendment of plan�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Policy 2000/34 Annual report�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Policy 2000/34 Annual report�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/10B Meaning of serviced premises�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/10B Meaning of serviced premises�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Policy 2000/19 Program may be required as a condition of particular authorities�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Policy 2000/19 Program may be required as a condition of particular authorities�

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProtWaMP00.pdf�

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProtWaMR00.pdf�






EPWMR02 Power to require an owner or occupier to supply waste containers otherthan standard general waste containers.

Section 10C(1) Environmental Protection (Waste Management) Regulation 2000

Yes

EPWMR03 Power to supply premises with standard general waste containers. Section 10C(2) Environmental Protection (Waste Management) Regulation 2000

Yes

Power to require the owner/occupier of a serviced premises to supply: Yes

(a) an elevated stand; or(b) drained paved area for the waste container, and(c) hose cock and hose in the vicinity of the stand or paved area; and

(d) suitable enclosure for the waste container.

Yes

Yes

Power to require the owner/occupier of a premises where there isindustrial waste to:

Yes

(a) supply waste containers;(b) keep the waste containers in a specified location; and(c) keep the waste containers clean and in good repair.

Yes

EPWMR05 Power to issue a notice to the owner/occupier of a serviced premisesnotice in relation to the removal of waste from a designated location.

Section 10H Environmental Protection (Waste Management) Regulation 2000

EPWMR04

EMPWMR07 Section 10J Environmental Protection (Waste Management) Regulation 2000

EMPWMR08

Section 10F Environmental Protection (Waste Management) Regulation 2000

Power to require owner/occupiers of premises, where there is industrialwaste, to treat the waste in accordance with Council’s requirements.

Section 10K Environmental Protection (Waste Management) Regulation 2000

EMPWMR06 Power to provide written approval to a premises other than a servicedpremises, to deposit or dispose of waste with or without conditions.

Section 10I Environmental Protection (Waste Management) Regulation 2000

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/10C Owner or occupier of premises to supply waste containers�




http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/10H Local government may give notice about removal of general waste�


http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/10J Requirements for storing industrial waste�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/10J Requirements for storing industrial waste�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/10F Other requirements for storing general waste at particular serviced premises�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/10F Other requirements for storing general waste at particular serviced premises�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/10K Requirement to treat industrial waste for disposal�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/10K Requirement to treat industrial waste for disposal�








EMPWMR09 Power to issue a notice to an owner/occupier to fill in a cesspit orcesspool.

Section 10M Environmental Protection (Waste Management) Regulation 2000

Yes

Yes

Yes

EMPWMR12 Power to provide the chief executive with an annual report in relation toCouncil’s kerbside recycling collection service.

Section 66X Environmental Protection (Waste Management) Regulation 2000

Yes

EMPWMR13 Power to provide the chief executive with an annual report in relation toa kerbside recycling collection service operated in Council’s area.

Section 66Y Environmental Protection (Waste Management) Regulation 2000

Yes

EMPWMR14 Power to administer and enforce those powers devolved to Council. Sections 68A, 68AA, and 68B Environmental Protection (Waste Management) Regulation 2000

Yes





EMPWP01 Power to provide the chief executive a copy of Council’s environmentalplan within 4 years of the commencement of this Policy.

Section 17(1)(b) Environmental Protection (Water) Policy 2009

Yes

EMPWP02 Power to review and update Council’s plan within 5 years of itspublication.

Section 17(1)(c) Environmental Protection (Water) Policy 2009

Yes

EMPWP03 Power to review and amend Council’s plan when requested to by thechief executive.

Section 17(2) Environmental Protection (Water) Policy 2009

Yes

EMPWMR10 Power to provide written approval to an owner to place, construct oralter a sanitary convenience.

Section 10N Environmental Protection (Waste Management) Regulation 2000

ENVIRONMENTAL PROTECTION (WATER) POLICY 2009

EMPWMR11 Power to impose requirements about the disposal of nightsoil frompremises.

Section 10O Environmental Protection (Waste Management) Regulation 2000

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/10M Cesspits etc. not to be constructed or used at particular premises�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/10M Cesspits etc. not to be constructed or used at particular premises�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/66X Local governments�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/66X Local governments�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/66Y Other operators�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/66Y Other operators�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Water) Policy 2009/17 Reporting and review of environmental plans�






http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/10N Requirements for placing, constructing or altering a prescribed sanitary convenience�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/10N Requirements for placing, constructing or altering a prescribed sanitary convenience�

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProWateP09.pdf�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/10O Disposal of nightsoil from premises not otherwise serviced�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Waste Management) Regulation 2000/10O Disposal of nightsoil from premises not otherwise serviced�






EMPWP04 Power to develop and implement an environmental plan about watercycle management.

Section 19 Environmental Protection (Water) Policy 2009

Yes

EMPWP05 Power to develop and implement an environmental plan about tradewaste management.

Section 22 Environmental Protection (Water) Policy 2009

Yes

Yes





EPA01 Power, as an ‘affected person’ (as defined by section 38), to consultwith the proponent of a project.

Section 41(3)(c) Environmental Protection Act 1994

Yes

Yes

Yes

EPA04 Power to apply to be a registered operator to carry out 1 or morechapter 4 activities.

Section 73D Environmental Protection Act 1994

Yes

ENVIRONMENTAL PROTECTION ACT 1994

EPA03 Power, as an administering authority, to add, change or cancel adevelopment condition, including the power to enter an agreement withthe registered operator of the development approval for the addition,change or cancellation of a development condition.

Section 73C Environmental Protection Act 1994

EMPWP06 Power, in cooperation with the chief executive, to develop a healthywaters management plan.

Section 24(2) Environmental Protection (Water) Policy 2009

EPA02 Power, as an administering authority, to impose conditions on adevelopment approval, including the power to require furtherinformation.

Section 73B Environmental Protection Act 1994

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Water) Policy 2009/19 Total water cycle management—general�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Water) Policy 2009/19 Total water cycle management—general�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Water) Policy 2009/22 Trade waste management�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Water) Policy 2009/22 Trade waste management�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/41 Submission�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/41 Submission�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73D Application for registration to carry out chapter 4 activity�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73D Application for registration to carry out chapter 4 activity�

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProtA94.pdf�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73C Adding, changing or cancelling a development condition�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73C Adding, changing or cancelling a development condition�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Water) Policy 2009/24 Healthy waters management plans�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection (Water) Policy 2009/24 Healthy waters management plans�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73B Conditions of development approval that may and must be imposed�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73B Conditions of development approval that may and must be imposed�






EPA05 Power, as an administering authority, to refuse an application forregistration.

Section 73E Environmental Protection Act 1994

Yes

EPA06 Power to apply for one registration certificate for activities carried out atdifferent places.

Section 73F Environmental Protection Act 1994

Yes

Yes

Yes

Yes

Yes

EPA09 Power, as a registered operator the subject of a notice under section73FA, to make submissions to the administering authority.

Section 73FA Environmental Protection Act 1994

EPA10 Power, as an administering authority, to amend a registration certificateto correct a clerical or formal error.

Section 73H Environmental Protection Act 1994

EPA07 Power, as an administering authority, to grant or refuse an applicationfor one registration certificate for activities carried out at differentplaces.

Section 73F Environmental Protection Act 1994

EPA08 Power, as an administering authority, to issue separate registrationcertificates, including the power to serve the required notices.

Section 73FA Environmental Protection Act 1994

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73E Grounds for refusing application for registration�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73E Grounds for refusing application for registration�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73F Registration certificates�


http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73FA Issue of 2 or more registration certificates in place of single certificate�


http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73H Amendment to correct error�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73H Amendment to correct error�










Yes

Yes

Yes

Yes

Power, as an administering authority, to amend a registration certificateto include a new chapter 4 activity for an existing registered operator.

Yes

Chapter 4 - Development Approvals and Registration (Other thanMining or Chapter 5A Activities)

Yes

Yes

Yes

EPA13 Power, as an administering authority, to amend a registration certificate. Section 73HB Environmental Protection Act 1994

EPA14 Power, as a registered operator, to apply for a registration certificate. Section 73HC Environmental Protection Act 1994

EPA11 Power, as an administering authority, to enter an agreement with theregistered operator to amend a registration certificate.

Section 73HA Environmental Protection Act 1994

EPA12 Power, as a registered operator, to agree to an amendment requestedby the administering authority.

Section 73HA Environmental Protection Act 1994

EPA17 Power, as an administering authority, to cancel or suspend aregistration certificate.

Section 73I and 73L Environmental Protection Act 1994

EPA18 Power, as an administering authority, to issue a notice under section73J.

Section 73J Environmental Protection Act 1994

EPA15 Section 73HC Environmental Protection Act 1994

EPA16 Power, as an administering authority, to amend a registration certificateto remove a continuing chapter 4 activity.

Section 73HD Environmental Protection Act 1994

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73HB Amendment to ensure consistency with code of environmental compliance�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73HB Amendment to ensure consistency with code of environmental compliance�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73HC Amendment for registration of new activity�


http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73HA Amendment by agreement�




http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73HD Amendment for removing registration of continuing chapter 4 activity�


http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73J Notice of proposed action�











EPA19 Power, as the recipient of a notice issued under section 73J, to makesubmissions.

Section 73J Environmental Protection Act 1994

Yes

EPA20 Power, as a registered operator, to apply to surrender Council’sregistration certificate.

Section 73O Environmental Protection Act 1994

Yes

Yes

EPA22 Power, as a registered operator, to give a proposed buyer of thebusiness notice that it needs to apply for a new registration certificate.

Section 73Q Environmental Protection Act 1994

Yes

EPA23 Power, as an administering authority, to require a person to conduct orcommission an environmental audit.

Section 322 Environmental Protection Act 1994

Yes

EPA24 Power, as an administering authority, to require a person to conduct orcommission an environmental investigation.


Yes

Power, as an administering authority, to do one or more of thefollowing:

Yes

· require the recipient to prepare a transitional environmentalprogram;· amend the conditions of any authority held by the recipient;· add, change or cancel a development condition of a developmentapproval held by the recipient;· serve an environmental protection order;· take any other action it considers appropriate.

EPA21 Power, as an administering authority, to approve or refuse anapplication to surrender a registration certificate.

Section 73O Environmental Protection Act 1994

EPA25 Section 326(2) Environmental Protection Act 1994





http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73Q Notice of disposal by registered operator�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/73Q Notice of disposal by registered operator�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/322 When environmental audit required�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/322 When environmental audit required�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/323 When environmental investigation required�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/323 When environmental investigation required�



http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/326 Administering authority to consider and act on environmental reports�







EPA26 Power, as an administering authority, to require the recipient to conductor commission a further evaluation.

Section 326(3) Environmental Protection Act 1994

Yes

Yes

Yes

Yes

EPA30 Power to make a submission in relation to a draft transitionalenvironmental program.


Yes

EPA28 Power, as an administering authority, to extend the time it is required tomake a decision on a report.


EPA29 Power, as an administering authority, to require a person or publicauthority to submit a draft transitional environmental program.


EPA27 Power, as an administering authority, to require the recipient to providefurther information.




http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/335 Public notice of submission for approval of certain draft programs�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/335 Public notice of submission for approval of certain draft programs�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/328 Extensions of time for decisions on submission of environmental reports�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/328 Extensions of time for decisions on submission of environmental reports�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/332 Administering authority may require draft program�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/332 Administering authority may require draft program�








EPA31 Power, as an administering authority, to invite parties to a conference tohelp it determine whether or not to approve a program.


Yes

Yes

Power, as an administering authority, to:- Section 339(1) Environmental Protection Act 1994

Yes

approve a draft transitional environmental program as submitted or withamendments requested or agreed to by the administering authority; or

refuse to approval a draft transitional environmental program.

EPA34 Power, as an administering authority, to impose on an approval of adraft transitional environmental program:-

Section 339 (2) Environmental Protection Act 1994

Yes

(a) any conditions the authority must impose under a regulatoryrequirement; andany other conditions the administering authority thinks appropriate.

EPA33

EPA32 Power, as an administering authority, to approve a draft transitionalenvironmental program.


http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/336 Authority may call conference�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/336 Authority may call conference�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/339 Decision about draft program�




http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/337 Administering authority to consider draft programs�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/337 Administering authority to consider draft programs�






EPA35 Power, as an administering authority, to give a person or public authority who submitted a draft transitional environmental program for approval written notice of the decision which complies with section 340(2).


Yes

Yes

Yes

Yes

Yes

EPA36 Power, as an administering authority, to approve a draft transitionalenvironmental program if there has been substantial compliance.


EPA37 Power, as an administering authority, to consider and approve or refusean application to amend a transitional environmental program.


EPA38 Power, as an administering authority, to apply to the Court for an order. Section 355 Environmental Protection Act 1994

EPA39 Power, as an administering authority, to issue an environmentprotection order.


http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/340 Notice of decision�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/340 Notice of decision�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/342 Substantial compliance with Act may be accepted as compliance�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/342 Substantial compliance with Act may be accepted as compliance�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/344 Application�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/344 Application�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/355 Authority may apply to Court for order setting aside immunity from prosecution�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/355 Authority may apply to Court for order setting aside immunity from prosecution�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/358 When order may be issued�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/358 When order may be issued�






EPA40 Power, as an administering authority, to give written notice to an applicant or person who submitted a transitional environmental program or site management plan stating that the authority requires financial assurance as a condition of approval.


Yes

Power, as an administering authority, to consider representations in relation to the condition that the person must provide financial assurance for a transitional environmental program or site management plan.

Section 365 (4) Environmental Protection Ac Yes

Yes

EPA43 Power, as an administering authority, to issue a notice that it intends tomake a claim on a financial assurance, including the power to considerrepresentations made in response to the notice.

Section 367(3) and (6) Environmental Protection Act 1994

Yes

EPA42 Power, as an administering authority, to require an applicant to provideit with an audit statement for an application made under section 366,including the power to decide such an application.


EPA41

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/365 Person may show cause why financial assurance should not be required for transitional environmental program or site management%25�



http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/367 Claims on financial assurances�


http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/366 Application for amendment or discharge of financial assurance�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/366 Application for amendment or discharge of financial assurance�






EPA44 Power, as an administering authority, to make a claim on a financialassurance.


Yes

EPA45 Power to comply with a written notice from the chief executive in relationto waste management works.


Yes

EPA46 Power to determine the form and fee for an application to Council toconduct waste management works within Council’s area.

Section 369A(2) Environmental Protection Act 1994

Yes

EPA47 Power to grant, or grant with conditions, or refuse an application toconduct waste management works within Council’s area.

Section 369A Environmental Protection Act 1994

Yes

Yes EPA48 Power to amend or cancel an approval under section 369A, includingthe power to hear representations during the ‘show cause period’.

Section 369B Environmental Protection Act 1994



http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/368 Chief executive may require local government to remove waste etc.�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/368 Chief executive may require local government to remove waste etc.�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/369 Restrictions on performing waste management works�











EPA49 Power, as owner or occupier of land, to advise the administeringauthority of a notifiable activity being carried out on the land.


Yes

EPA50 Power to notify the administering authority that a notifiable activity hasbeen, or is being conducted in, Council’s area.


Yes

Yes

EPA52 Power, as owner of land, to made submissions in response to a noticefrom the administering authority, that is land is being used for anotifiable activity or is contaminated.


Yes

EPA53 Power, as the owner of land, to permit a person to carry out a siteinvestigation.

Section 375 and 380 Environmental Protection Act 1994

Yes

EPA51 Power to notify the administering authority of contamination by ahazardous contaminant.


http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/371 Owner or occupier of land to notify administering authority�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/371 Owner or occupier of land to notify administering authority�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/372 Local government to notify administering authority�


http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/373 Notice to be given to owner of land�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/373 Notice to be given to owner of land�








EPA54 Power to conduct or commission a site investigation where requested to

Section 376 Environmental Protection Act Yes

EPA55 Power, as the recipient of a notice, to apply to the administeringauthority to waive the requirement for a site investigation.


Yes

Yes

EPA57 Power, as owner, to consent to another party entering its land toconduct or commission remediation works.


Yes

EPA58 Power to conduct or commission remediation works in relation tocontaminated land upon request by the administering authority.


Yes

EPA56 Power to provide another site investigation report or to provide furtherinformation if requested by the administering authority.

Section 385 (1) and (2) Environmental Protection Act 1994

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/376 Administering authority may require site investigation�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/376 Administering authority may require site investigation�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/378 Waiver of requirement to conduct or commission site investigation�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/378 Waiver of requirement to conduct or commission site investigation�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/391 Administering authority may require remediation of contaminated land�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/391 Administering authority may require remediation of contaminated land�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/385 Administering authority may require another report or additional information�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/385 Administering authority may require another report or additional information�






EPA59 Power, as the recipient of a remediation notice under section 391, torequest it be waived.


Yes

EPA60 Power, as owner of land, to consent to the preparation of a sitemanagement plan by a third party.


Yes

Yes

EPA62 Power, as owner of land, to request the administering authority to waivethe requirement to prepare a site management plan for contaminatedland.


Yes

EPA63 Power, as owner of land, to consent to a third party entering the land toprepare a site management plan.


Yes

EPA64 Power, as owner of land, to agree to an amendment to the sitemanagement plan made by the administering authority.


Yes

EPA65 Power to submit, at the request of the administering authority, a draftamendment of a site management plan.


Yes

EPA66 Power to issue an identity card to each authorised person. Section 448 Environmental Protection Act 1994

Yes

EPA67 Power, as an administering authority, to require a person to provideinformation for the enforcement and administration of this Act.


Yes

EPA61 Power to prepare or commission the preparation of a site managementplan if requested to by the administering authority.


http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/392 Waiver of requirement to remediate land�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/392 Waiver of requirement to remediate land�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/407 Waiver of requirement to prepare or commission site management plan�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/407 Waiver of requirement to prepare or commission site management plan�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/409 Procedure to be followed if recipient is not owner�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/409 Procedure to be followed if recipient is not owner�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/419 Administering authority may amend or require amendment of site management plan�




http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/448 Issue of identity cards�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/448 Issue of identity cards�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/451 Administering authority may require relevant information�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/451 Administering authority may require relevant information�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/405 Administering authority may prepare or require site management plan�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/405 Administering authority may prepare or require site management plan�






EPA68 Power, as owner of land, to consent to an authorised person’s entryonto the land.


Yes

EPA69 Power, as an administering authority, to issue a notice that anauthorised person will enter land.

Section 454(3)(b) and (4) Environmental Protection Act 1994

Yes

EPA70 Power to destroy or dispose of a forfeited thing that becomes theproperty of Council.


Yes

EPA71 Power to destroy or dispose of a forfeited thing that becomes theproperty of Council.


Yes

EPA72 Power to approve forms for use under the Environmental Protection Act1994 .


Yes

EPA73 Power, as an administering authority, to waive payment of costs of investigation or remediation.


Yes

EPA74 Power, as an administering authority, to make an application to the court for an order against a defendant for costs.

Section 501(1)(c) Environmental Protection Act 1994

Yes

EPA75 Power, as an administering authority, to carry out work or take other action reasonable necessary where a person has failed to comply with an order made under section 502.

Section 502A(2) Environmental Protection Act 1994

Yes

EPA76 Power, as an administering authority, to make an application to theCourt to remedy or restrain an offence against this Act.


Yes

EPA77 Power to exercise all the powers of the chief executive that have beendelegated to Council. (Sub‑section (2) permits sub delegation of thesepowers to a qualified entity).


Yes

EPA78 Power to exercise all the powers of the administering authority (wherethe administering authority is the chief executive) that have beendelegated to Council.


Yes

EPA79 Power, as an administering authority, to review a decision. Section 521(5) Environmental Protection Act 1994

Yes

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/454 Entry of land-preliminary investigation�




http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/463 Forfeiture of seized thing on conviction�






http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/489 Costs of investigation or remediation to be paid by recipient�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/489 Costs of investigation or remediation to be paid by recipient�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/501 Recovery of costs of rehabilitation or restoration etc.�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/501 Recovery of costs of rehabilitation or restoration etc.�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/502A Administering authority may take action and recover costs�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/502A Administering authority may take action and recover costs�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/505 Restraint of contraventions of Act etc.�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/505 Restraint of contraventions of Act etc.�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/516 Delegation by chief executive�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/516 Delegation by chief executive�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/518 Delegation by administering authority�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/518 Delegation by administering authority�






EPA80 Power, as a dissatisfied person, to apply for a review of an originaldecision.


Yes

EPA81 Power, as a dissatisfied person that has applied for a review undersection 521, to apply for a stay of operation of the original decision.


Yes

EPA82 Power, as a dissatisfied person, to appeal against a decision to theLand Court.


Yes

EPA83 Power, as an administering authority, to prepare and submit an annualreport to the chief executive.


Yes

EPA84 Power, as an administering authority, to seek advice, comment orinformation about an application or TEP submission.


Yes

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/521 Procedure for review�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/521 Procedure for review�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/522 Stay of operation of original decisions�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/522 Stay of operation of original decisions�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/524 Right of appeal�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/524 Right of appeal�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/546 Annual reports�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/546 Annual reports�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/556 Administering authority may seek advice, comment or information�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/556 Administering authority may seek advice, comment or information�






EPA85 Power, as an administering authority, to investigate the suitability of aperson.


Yes

EPA86 Power, as an administering authority, to consider and either grant orrefuse an application made under section 564 of the Act.


Yes

EPA87 Power, as an administering authority, to grant a conditional/limiteddisclosure exemption.


Yes

EPA88 Power, as an administering authority, to change or cancel a condition ofan environmental authority.


Yes

EPA89 Power, as an administering authority, to issue replacement documents. Section 621 Environmental Protection Act 1994

Yes

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/559 Investigation of applicant suitability or disqualifying events�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/559 Investigation of applicant suitability or disqualifying events�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/620 Additional ground for changing or cancelling development conditions�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/620 Additional ground for changing or cancelling development conditions�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Act 1994/621 Administering authority may issue replacement documents�







EPA90 Power, as an administering authority, to consider or continue toconsider, a draft transitional program submitted under section 332 orsection 333 before 4 April 2011 and decide whether to approve it underthe unamended Act.


Yes





EPR01 Power to administer and enforce those provisions of the Act devolved toCouncil.

Sections 98, 99, 100 and 101 Environmental Protection Regulation 2008

Yes

EPR02 Power to administer and enforce former environmentally relevantactivities devolved to Council.

Section 156 Environmental Protection Regulation 2008

Yes

EPR03 Power, as an administering authority, to refund:- Yesa) the application fee for a later application; andb) the annual fee for a development approval for chemical storage.





Section 104G(2) YesFire and Rescue Service Act 1990

ENVIRONMENTAL PROTECTION REGULATION 2008

Section 164 Environmental Protection Regulation 2008

FRSA01 Power to consult with the commissioner about a notice under section104G(1).

FIRE AND RESCUE SERVICE ACT 1990



http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Regulation 2008/156 Administration and enforcement of particular former environmentally relevant activities devolved to local government�

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental Protection Regulation 2008/156 Administration and enforcement of particular former environmentally relevant activities devolved to local government�

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FireARescSeA90.pdf�

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProtR08.pdf�







FRSA02 Power to consult with an authorised officer about a notice under section104I(7) or (8).

Section 104I(9) Yes

Fire and Rescue Service Act 1990

FRSA03 Power to nominate a person to be appointed an assessor by thecommissioner to help QCAT in section 104SG(1) proceedings.

Section 104SI(2)(b)(ii) Fire and Rescue Service Act 1990

Yes

Section 109(1) YesFire and Rescue Service Act 1990

Yes

Power to, by the first day of the financial year: Section 112 Yes(a) determine the prescribed properties within its area; and Fire and Rescue Service Act 1990(b) determine the annual contributions payable in respect of prescribedproperties.


FRSA06

FRSA07 Power to give the chief executive information which is relevant to thedetermination of an appeal against a local government’s determination,

FRSA04 Power to furnish to the chief executive a return disclosing the particularsprescribed under a regulation relating to certain properties.

FRSA05 Power to collect annual contributions and other amounts imposed bythe local government pursuant to Part 10 of the Fire and RescueService Act .

Section 111(2) Fire and Rescue Service Act 1990














FRSA08 Power to amend, revoke or renew a levy notice if the chief executiveallows an appeal.


Yes

FRSA09 Power to decide the way in which it keeps an administration fee forperforming functions under Part 10 of the Fire and Rescue Service Act .


Yes

FRSA10 Power to make payments to the department, for the fund, out of itsoperating fund from time to time.

Section 118 Fire and Rescue Service Act 1990

Yes



FRSA11 Power to refuse or grant, subject to any conditions, an application to paycontributions by instalments.

FRSA12 Power to engage a commercial agent (licensed as such under theProperty Agents and Motor Dealers Act 2000) to collect annual















Power to administer and enforce the following provisions of the Food Act 2006 :

Yes

(a) section 39(1); (Food standard code)(b) chapters 3 and 4; (Licences for particular food businesses &Food Safety Programs) (c) chapter 6, other than section 159. (Audits of Accredited FoodSafety Programs)

Power to administer and enforce sections 32, 33, 35 and 36 of the Food Act 2006 , in conjunction with the State.

Section 24 Yes

(Handling of food in unsafe way, sale of unsafe food, handling andsale of unsafe food, handling and sale of unsuitable food)

Food Act 2006

FA03 Power to agree with the chief executive that the State may do a thingthat is a matter of administration and enforcement for local governmentunder section 23(1) of the Food Act 2006 .

Section 25(1)(a) Food Act 2006 Yes

FA04 Power to agree with the chief executive that Council may do a thing thatis a matter of administration and enforcement for the State undersection 22(1) of the Food Act 2006 .

Section 25(1)(b) Food Act 2006 Yes

FA05 Power to consult with the chief executive in relation actions taken by theState on Council’s behalf under section 26(2).

Section 27(a) Food Act 2006 Yes

Yes FA06 Power to consult with the chief executive, and provide informationrequired by the chief executive, about the administration andenforcement of sections 24 and 25 of the Food Act 2006 .

Section 28 Food Act 2006

FA01 Section 23(1) Food Act 2006

FA02

FOOD ACT 2006

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FoodA06.pdf�












FA07 Power to consult with the chief executive about the chief executiveasking Council to provide information about matters administered andenforced by Council, either solely or in conjunction with the State, underthe Food Act 2006 .

Section 28(4) Food Act 2006 Yes

Yes

Yes

Yes

Yes

Yes

FA08 Power to consider and grant, or refuse to grant, an application for alicence to carry on a licensable food business.


FA11 Power to make enquiries as to the suitability of the applicant to hold alicence, and the suitability of the premises for carrying on a licensablefood business.

Section 59(1)(a) Food Act 2006

FA11 Power to require the applicant to give Council further information ordocuments that Council reasonably requires.

Section 59(1)(b) Food Act 2006

FA09 Power to obtain and consider the written advice of an auditor aboutwhether a food safety program complies with section 98. (content offood safety program )

Section 56(2) Food Act 2006

FA10 Power to decide whether premises are suitable for carrying on alicensable food business.













Yes

Yes

Yes

Yes

Section 68(1) Yes Food Act 2006


Yes

Yes

Yes

Yes

Yes

FA14 Power to issue a provisional licence, at any time prior to deciding anapplication for a licence.


FA15 Power to decide the term of the licence. (Note: not more than 3 years). Section 67 Food Act 2006

FA12 Power to extend the time needed to make a decision about theapplication.


FA13 Power to agree with the applicant, at any time prior to the finalconsideration day, about the day upon which the application must bedecided.


FA18 Power to impose reasonable conditions on the licence. Section 69(1)(e) Food Act 2006

FA19 Power to consider and renew, or refuse to renew, the licence for anapplication made under section 72(1) of the Food Act 2006 .


FA16 Power to decide the term of the provisional licence. (Note: not morethan 3 months).

FA17 Power to extend, and further extend, the term of a provisional licence(to a total period of not more than 3 months after the provisional licencewas issued).

FA22 Power to require the applicant to give Council further information ordocuments Council reasonably requires to decide the application (for anapplication that is made under Chapter 3, Part 5, Division 2,Subdivision 1, i.e. sections 72(1), 73(1) and 74(1)).


FA20 Power to consider and restore, or refuse to restore, the licence, whereapplication has been made under section 73(1) of the Food Act 2006 .


FA21 Power to consider and amend, or refuse to amend, a licence, whereapplication has been made under section 74(1) of the Food Act 2006 .


















FA23 Power to give an information notice where Council has failed to decidean application within 30 days of receipt under Chapter 3, Part 5, Division2, Subdivision 1, i.e. Sections 72(1), 73(1) and 74(1).


Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

FA24 Power to give a show cause notice. Section 79(2) Food Act 2006

FA27 Power to suspend a licence after considering representations (if any). Section 82(2)(a) Food Act 2006

FA28 Power to cancel a licence after considering representations (if any). Section 82(2)(b) Food Act 2006

FA25 Power to consider representations about a show cause notice. Section 80(2) Food Act 2006

FA26 Power to end the show cause process after considering representationsmade by the licensee.


FA31 Power, as the second local government, to take the same action as thefirst local government (except the power to cancel, suspend imposeconditions or other similar action in relation to the licence).


FA33 Power, as the second local government, to advise the first local government of the thing done or omitted to be done by a licensee of a mobile food business.


FA29 Power to suspend a licence immediately. Section 83(1) Food Act 2006

FA30 Power to give an information notice and show cause notice, as required,before suspending a licence pursuant to section 83(1).


FA34 Power, as the first local government, to take action, in relation to a thingdone or omitted to be done by the licensee in the second localgovernment area.


















Yes




Section 107(4) Yes Food Act 2006.

Yes

Yes

Yes

Section 110 Yes Food Act 2006.



Section 114 Yes Food Act 2006

FA36 Power to consider an application and to accredit, or refuse to accredit,the food safety program.

FA37 Power to obtain and consider the written advice of an auditor aboutwhether or not the food safety program complies with the criteria insection 104.

FA35 Power to consider and grant, or refuse to grant, an application for areplacement licence.


FA40 Power to decide that more time is needed to make a decision about theapplication.


FA41 Power to agree with the applicant, at any time prior to the finalconsideration day, about the day upon which the application must bedecided.


FA38 Power, before deciding the application, to require the applicant to givefurther information or documents reasonably required to decide theapplication.

FA39 Power to give an information notice to the applicant where theapplication is refused under section 107.

FA46 Power to direct the holder of a Council accredited food safety programto amend the program.

FA44 Power to consider an application and approve, or refuse to approve, theamendment of an accredited food safety program.

FA45 Power, before deciding the application, to require the applicant to givefurther information or documents reasonably required to decide theapplication.

FA42 Power, after accrediting an applicant’s food safety program, to decidehow often the program must have compliance audits.


FA43 Power to determine changes to the frequency of compliance audits for afood safety program accredited by Council.



















Yes


Section 121 (2) Yes Food Act 2006.

Yes

FA52 Power, as administering executive, to give directions to an authorisedperson in the exercise of powers under the Food Act 2006 .

Section 165 Food Act 2006 Yes

FA53 Power to appoint an authorised person for the purposes of the Food Act 2006.


FA54 Power, as administering executive, to sign a notice that states theconditions on which an authorised person holds office.


FA55 Power, as administering executive, to issue an identity card to eachauthorised person.


FA56 Power, if a seized thing is forfeited to Council, to deal with it a mannerconsidered appropriate.


FA47 Power to give the holder of a food safety program a show cause notice,and to decide the term of the show cause period.

FA50 Power to cancel the accreditation of a food safety program.

FA51 Power to conduct a non-conformance audit of a food safety program. Section 160(2) Food Act 2006

FA48 Power to consider representations about a show cause notice. Section 119 Food Act 2006

FA49 Power, after considering written representations by the holder of theaccredited food safety program, to take no further action.

















FA58 Power to apply to the District Court for an injunction. Section 223 Food Act 2006 Yes

Section 237 Yes Food Act 2006


Power, as reviewer, to, after reviewing the original decision, make afurther decision to:

Section 239 Yes

(a) confirm the original decision; or Food Act 2006(b) amend the original decision; or(c) substitute another decision for the original decision.

FA62 Power to sign a certificate stating that costs sought by Council undersection 255 of the Food Act 2006 were incurred.


FA63 Power to deal with a thing forfeited to Council, under section 257, inmanner considered appropriate.


FA64Power to approve forms for use by the Council under the Food Act2006.


FA60 Power, as reviewer, to, at any time, extend the time to apply for areview.

FA61

FA57 Power to approve an improvement notice where remedying thecontravention would be likely to stop the food business from operating.

FA59 Power, as the ‘reviewer’, to review an original decision under Chapter 3or Chapter 4 of the Food Act 2006 .















Yes





Yes

Yes

Yes

Yes

IPA05 Power, as agency’s principal officer, to deal with an access oramendment application.

Section 50(1) Information Privacy Act 2009 Yes

FPSA01 Power to approve the appointment of an employee of Council as anauthorised officer by Safe Food Production (QLD).

Section 83 Food Production (Safety) Act 2000

FOOD PRODUCTION (SAFETY) ACT 2000

IPA03 Power, as agency, to give access to a document created after theapplication for access is received.

Section 47 Information Privacy Act 2009

IPA04 Power, as agency, to search for a document on a backup system if itconsiders the search is appropriate.


IPA01 Power, as agency, to transfer an individual’s personal information to anentity outside Australia under certain circumstances.


IPA02 Power, as agency, to enter into a service arrangement with an entityother than an agency to provide services.


INFORMATION PRIVACY ACT 2009

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/I/InfoPrivA09.pdf�

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FoodProdSafA00.pdf�













IPA06 Power, as agency’s principal officer, to delegate the power to deal withan access or amendment application, provided the application does not involve making a healthcare decision or appointing a health careprofessional.

Section 50(2) and 50(5) Information Privacy Act 2009

Yes

Power, as agency, to refuse to deal with an access or amendmentapplication if:

Yes

(a) the application does not comply with all relevant applicationrequirements; and (b) the applicant has been afforded a reasonable opportunity toconsult with a view to making the application comply.

Power, as agency, to refuse to deal with an access application if: Yes(a) the application should have been made under the Right toInformation Act (because it is for access to a document other than tothe extent it contains the applicant’s personal information); and

(b) reasonable efforts have been made to inform the applicantthat the application:(i) can not be made under the Information Privacy Act ; and(ii) should be made under the Right to Information Act ; and (iii) may be changed so it can be made under the Information PrivacyAct , or may be dealt with under the Right to Information Act by payingthe application fee.Power, as agency, at any time before a deemed decision is taken tohave been made in relation to an access or amendment application, toask applicant for a further specified period to consider the application.

Yes

Note: more than one request can be made (section 55(2) Information Privacy Act

Yes

IPA09 Section 55(1) Information Privacy Act 2009

IPA10 Power, as agency, to continue to consider an access or amendmentapplication, if a further specified period has been requested undersection 55(1), the applicant has not refused the request, and no noticethat the applicant has applied for review has been received.

Section 55(3) Information Privacy Act 2009

IPA07 Section 53 Information Privacy Act 2009













IPA11 Power, as agency, to give access to a document that containsinformation the disclosure of which may reasonably be expected to beof concern to a government, agency, or person (a “relevant third party”),only if reasonably practicable steps are taken to obtain the relevant thirdparty’s views on whether:


(a) the document is a document for Chapter 3 of the Information Privacy Act (document of an agency or a Minister under the Right toInformation Act ); or(b) the information is exempt information or contrary to publicinterest information.

Yes

Yes

Yes

Power, as agency, to give the applicant: Yes(a) written notice of the refusal to deal with an access oramendment application under section 60(1) Information Privacy Act ; and (b) a reasonable opportunity to consult.

Yes

IPA12 Power, as agency, to transfer an access or amendment application toanother agency if the document is not in the original agency’spossession, but is, to the original agency’s knowledge, in the otheragency’s possession, and the other agency consents.



IPA16 Power, as agency, to refuse to deal with a later access application forone or more of the same documents sought under the first accessapplication by the same applicant, to the extent it is for access todocuments in the first application, if the later application does notdisclose any reasonable basis for seeking such access.


IPA13 Power, as agency, to refuse to deal with the application without havingidentified any or all of the documents, if the documents containinformation of a stated kind or relate to a stated subject matter and itappears that all of the documents are comprised of exempt information(as defined in Schedule 3 of the Right to Information Act ).


IPA14 Power, as agency, to refuse to deal with an access or amendmentapplication, or, if considering two or more access or amendmentapplications by the applicant, all the applications, if the work involved indealing with the application, or all the applications, would substantiallyand unreasonably divert the resources of Council from use inperformance of Council functions.













IPA17 Power, as agency, to refuse to deal with a later amendment applicationfor one or more of the same documents sought to be amended underthe first access application by the same applicant, to the extent it is foramendment to documents in the first application, if the later applicationdoes not disclose any reasonable basis for seeking such access.


Yes

Yes

Power, as agency, to give a prescribed written notice to an applicant, foran access application, of:

Yes

(a) the decision on the application, including a decision to refuseto deal with the application; and(b) the fact that the document is not a document in thepossession, or under the control, of Council, if this is the case.

Yes

Yes

Yes

IPA18 Power, as agency, after considering an access application, to decidewhether to give access to the document and whether any accesscharge must be paid by the applicant.


IPA21 Power, as agency, to not include any exempt information or contrary topublic interest information in the notice given under section 68(1)Information Privacy Act .


IPA22 Power, as agency, to give prescribed written notice to an applicant thatdoes not include details required to be in a prescribed written noticeunder section 199(a) and (b) Information Privacy Act , but states thatCouncil neither confirms nor denies the existence of the document, butassuming the document does exist, it would be a document to whichaccess would be refused under section 67 Information Privacy Act tothe extent it comprised prescribed information.


IPA19 Power, as agency, to refuse access to a document in the same way andto the extent access can be refused under section 47 Right toInformation Act , were access to the document applied for under thatAct.



IPA23 Power, as agency, after considering an amendment application, todecide whether amendment of the document is permitted.














Yes

Yes

Yes

Yes

Yes

Power, as agency, to refuse to give access to a document in a formrequested, if it would:

Yes

(a) interfere unreasonably with Council’s operations, or(b) be detrimental to the preservation of the document, or(c) be inappropriate having regard to the physical nature of thedocument; or(d) involve an infringement of the copyright of a person other thanthe State,and give access in another form.

Yes

Power, as agency, to defer giving access to a document for areasonable period if the document was prepared:

Yes

(a) for presentation to the Assembly or a committee of theAssembly; or(b) for release to the media; or(c) solely for inclusion in a document prepared for a purpose in(a) or (b).

IPA25 Power, as agency, to not include reasons for a decision to permitamendment of the document in the notice given under section 73(1)Information Privacy Act .


IPA26 Power, as agency, to not include any exempt information or contrary topublic interest information in the notice given under section 73(1)Information Privacy Act .


IPA24 Power, as agency, to give an applicant for an amendment application aprescribed written notice of the decision on the application.




IPA30 Power, as agency, to extend the period in which an applicant mayaccess a document.


IPA27 Power, as agency, if a decision to amend the document is made, tomake the amendment by altering the personal information or adding anappropriate notation to the personal information.


IPA28 Power, as agency, to waive an access charge. Sections 80, 81 and 82 Information Privacy Act 2009















IPA32 Power, as agency, to delete irrelevant information from a copy of arequested document when giving access to that requested document, ifthe agency considers, after considering the terms of the application orconsulting with the applicant, that the applicant would accept the copyand it is reasonably practicable to give access to the copy.

Section 88 Information Privacy Act 2009 Yes

Yes

IPA34 Power, as agency, to apply to the information commissioner forapproval to waive or modify the obligation to comply with the privacyprinciples.


IPA35 Power, as agency, to ask the information commissioner to extend thetime within which to take action stated in a compliance notice.


IPA36 Power, as agency, to apply to QCAT, as provided under the QCAT Act,for review of the information commissioner’s decision to give acompliance notice.


Yes

IPA33 Power, as agency, to direct access to the document be given instead toan appropriately qualified healthcare professional nominated by theapplicant and approved by the agency, where access was refusedunder section 47(3)(d) of the Right to Information Act , as applied underthe Information Privacy Act .














IA01 Power, as responsible person for a government representative, todelegate the obligation to give details under section 71(3) of theIntegrity Act 2009 to the integrity commissioner.

Section 71(4) Integrity Act 2009

Yes

IA02 Power, as responsible person for a government representative, where alobbyist carries out a lobbying activity with the governmentrepresentative, to give the integrity commissioner information about thelobbyist or lobbying activity, if the information may be relevant to theintegrity commissioner’s functions and powers under the Integrity Act2009 .

Section 72A(2) Integrity Act 2009 Yes





LA01 Power, as a person who may take water under the Water Act 2000,section 20(3), to exercise a right of access, a right of grazing and a rightto bring action for trespass over the adjacent land.

Section 13A(4) Land Act 1994 Yes

LA02 Power, as owner of land having a non-tidal boundary (the relevant land),to apply to the chief executive (water) to have land adjoining therelevant land (the watercourse land) declared to be former watercourseland.

Section 13B(1) Land Act 1994 Yes

LA03 Power, as an applicant under section 13B(6), to appeal against therefusal of the application.


LA04 Power, as registered owner of land, to enter an agreement with theGovernor in Council to exchange all or part of the freehold land for thegrant of unallocated State land.

Section 18(1) Land Act 1994 Yes

INTEGRITY ACT 2009

LAND ACT 1994

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/I/IntegrityA09.pdf�


http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LandA94.pdf�











LA05 Power, as lessee of a freeholding lease, to enter an agreement with theGovernor in Council to exchange all or part of the freeholding for afreeholding lease over unallocated state land.


LA06 Power, as lessee of a term lease (other than a State lease or aperpetual lease) to exchange all or part of the term lease for a lease ofunallocated State land for a term of years or in perpetuity.


LA07 Power, as a person seeking to have a plan of subdivision registered inrelation to the land contained in a deed of grant in trust or lease, toapply to the Minister for the allocation of a floating reservation to someor all of the lots created by the plan.


LA08 Power, as an applicant under section 23A(1), to appeal against theMinister’s decision.


LA09 Power, as registered owner of the deed or lessee of a reservation to besold under section 24(1), to apply to the Governor in Council to buy theland.


LA10 Power to appeal against the Minister’s determination of the unimprovedvalue of land to be sold under section 24(1) of the Land Act 1994 .


LA11 Power, as trustee, lessee or registered owner, to agree to the Minister’sproposal to change the boundaries of a lease, deed of grant or deed ofgrant in trust.


LA12 Power, as trustee, to appeal the Minister’s decision to change theboundaries of a lease, deed of grant or deed of grant in trust.


LA13 Power, as lessee or registered owner, to use and occupy a forestentitlement area.


LA14 Power, as lessee or registered owner, to buy a forest entitlement areaunder sections 24 and 25.


LA15 Power, as lessee or registered owner, to appeal against the valuedecided by the Minister for commercial timber.


LA16 Power, as trustee, to apply to the Minister to change the boundary of areserve or the purpose of a reserve.

Section 31C Land Act 1994 Yes


















LA17 Power, as recipient of a notice of proposal under section 31D, to makea submission against the proposal to the Minister.

Section 31E Land Act 1994 Yes

LA18 Power, as trustee, to consult with the Minister in response to a proposedState lease over a reserve.

Section 32 Land Act 1994 Yes

LA19 Power to apply to Minister to revoke the dedication of all or part of areserve.


LA20 Power, as recipient of a notice of proposal to revoke the dedication of allor part of a reserve under section 34A(1), to make a submission againstthe proposed revocation by the Minister.

Section 34B Land Act 1994 Yes

LA21 Power, as owner of improvements on a reserve the dedication to whichhas been revoked, to apply to remove improvements on the reserve.

Section 34H(1) Land Act 1994 Yes

LA22 Power, as owner of improvements on a reserve the dedication to whichhas been revoked, to remove improvements with the written approval ofthe Minister.


LA23 Power, as trustee of an operational reserve, to apply for a deed of grantover the reserve.

Section 34I Land Act 1994 Yes

LA24 Power, as a person given notice of a proposal under section 34J(1)(other than a trustee of the operational reserve) to make a submissionagainst the issue of the deed of grant to the Minister.

Section 34K Land Act 1994 Yes

LA25 Power, as trustee, to apply for an additional community purpose or toamalgamate land with common purposes.


LA26 Power, as trustee, to apply for the cancellation of a deed of grant in trustunder section 38.


LA27 Power, as a person given notice of a proposal under section 38B, tomake a submission against the proposal to the Governor in Council.


















LA28 Power, as owner of improvements on a deed of grant in trust that hasbeen cancelled, to apply to remove the improvements on the deed ofgrant in trust.

Section 38G(1) Land Act 1994 Yes

LA29 Power, as owner of improvements on a deed of grant in trust that hasbeen cancelled, to remove the improvements with the Minister’sapproval.

Section 38G(1) Land Act 1994 Yes

LA30 Power to accept appointment as trustee. Section 44 Land Act 1994 Yes

LA31 Power, as trustee, to advise the chief executive of change in details. Section 45 Land Act 1994 Yes

LA32 Power, as trustee, to comply with the administrative, accountingfunction and other directions provided by Minister.

Sections 46, 47, 48 and 49 Land Act 1994 Yes

LA33 Power to take all necessary action for the maintenance andmanagement of trust land.

Sections 52(1) Land Act 1994 Yes

LA34 Power, as trustee, to surrender all or part of a deed of grant in trust onterms agreed with the Minister and with the Minister’s written approval.


LA35 Power, as trustee, to apply to surrender all or part of a deed of grant intrust.

Section 55A Land Act 1994 Yes

LA36 Power, as a person given notice of a proposal under section 55B, tomake a submission against the proposal of the Minister.


LA37 Power, as owner of improvements on a deed of grant in trust that hasbeen surrendered, to apply to remove the improvements on the deed ofgrant in trust.


LA38 Power, as owner of improvements on a deed of grant in trust that hasbeen surrendered, to remove the improvements on the deed of grant intrust with the written approval of the Minister.


















Yes

LA40 Power, as trustee, to lease (a construction lease) all or part of trust landto the State for the construction of transport infrastructure and theprovision of transport services on the lease land.

Section 57(2A) Land Act 1994 Yes

Yes

LA42 Power, as trustee, to transfer, mortgage or sublease a trustee leasesubject to section 58(1)(a) and (b).


LA43 Power to appeal against the Minister’s decision to refuse to allow atransfer, mortgage or sublease of a trustee lease.


Yes

Yes

LA46 Power to seek consent to group trust land reserved for similar purposestogether.


LA47 Power to seek the Minister’s approval for rent from a trustee lease ortrustee permit to be applied to costs other than on maintenance andenhancement of the trust land.


LA48 Power, as a relevant person, to apply for approval to lease, sublease orsub-sublease trust land even if an authority is in force.


Yes

LA41 Power to seek the Minister’s approval to amend a trustee lease. Section 57A(1) Land Act 1994

LA44 Power, as trustee, to issue a trustee permit to use all or part of the trustland.

Section 60(1) Land Act 1994

LA39 Power, as trustee, to lease all or part of the trust land if the trustee firstobtains the Minister’s written “in principle’ approval to the lease.


LA45 Power to lodge a trustee permit in the appropriate register. Section 60(3) Land Act 1994

LA49 Power, as trustee, to cancel a trustee lease or trustee permit if thelessee or permittee does not comply with the conditions of the lease orpermit.


















Yes

LA51 Power, as trustee of a deed of grant in trust, to mortgage a deed ofgrant in trust issued prior the commencement of the Land Act 1994 , subject to the Minister’s approval under section 67(4).


LA52 Power to mortgage a deed of grant in trust issued after thecommencement of the Land Act 1994 subject to section 67(3)(a) and(b) and the Minister’s approval under section 67(4).


LA53 Power, as trustee of a trust being wound up or as another personmaterially affected by the winding-up of a trust, to do all thingsnecessary to help the winding-up.


Yes

LA55 Power to ask the Minister that a cemetery on trust land be closed tofurther burials.


LA56 Power to ask the Minister to re-open a cemetery previously closed tofurther burials.


LA57 Power to agree to take on the trusteeship of a cemetery from trustees ofthe cemetery, and to agree on the terms of the transfer.


LA58 Power to seek approval from the Minister to exhume a body from acemetery, in the absence of any local law covering the matter.


LA50 Power to allow the trustee lessee or trustee permittee to remove thetrustee lessee’s or trustee permittee’s improvements on the land withina reasonable time stated by the trustee.


LA54 Power, as trustee of trust land for cemetery purposes, to repair orremove structures, monuments or tombstones from a cemetery on trustland.
















LA59 Power to apply to the Minister seeking approval to surrender landgranted for an estate in fee simple for some community, public orsimilar purpose, the land to the State, and for the issue of a deed ofgrant in trust under this Act for a community or public purpose.


Yes

Yes

Yes

LA72 Power, as an adjoining owner of land permanently closed pursuant tosection 99(1) of the Land Act 1994 to ask that the land beamalgamated with the adjoining owner’s adjoining land.


Yes

LA74 Power to apply to the Minister for a road licence over a temporarilyclosed road.


LA75 Power, as a road licensee, to surrender all or part of a road licence. Section 105(3) Land Act 1994 Yes

Yes

LA71 Power to apply to the Minister to temporarily close a road. Section 99(2) Land Act 1994

LA73 Power to object to a road closure application in response to a publicnotice.

Section 100 Land Act 1994

LA60 Power to apply for land to be dedicated as a road for public use. Section 94(2) Land Act 1994

LA70 Power to apply to the Minister to permanently close a road. Section 99(1) Land Act 1994

LA76 Power, as registered owner of land, to apply for the simultaneousopening and closing of roads subject to the conditions in section109A(1)(a), (b) and (c).

Section 109A(1) Land Act 1994.















Yes

LA78 Power, as registered owner, to appeal against any conditions theMinister imposes under section 420I.

Section 109A(3) Land Act 1994. Yes

Yes

Yes

LA81 Power, as lessee, to ask that the land in the road being closed be amalgamated in accordance with section 109B(3)(a) or (b) (whichever is applicable).


LA82 Power, as trustee or lessee, to appeal against any conditions the Minister imposes under section 420I.


LA83 Power to apply for an interest in land that may be granted without competition.


Yes

Yes

Yes

Yes

LA79 Power, as trustee of lessee, to apply for the simultaneous opening orclosing of roads subject to section 109B(1)(a), (b) and (c).

Section 109B(1) Land Act 1994.

LA80 Power to ask the Minister to include the land in the road being closed inthe deed of grant in trust issued under section 358 or dedicated as areserve under section 31A (whichever is applicable).

Section 109B(2) Land Act 1994

LA77 Power, as registered owner, to ask the Minister to include land in theroad being closed in the deed of grant in trust issued under section 358.

Section 109A(2) Land Act 1994

LA86 Power, as lessee, to apply for extension of a term lease up to 40 years. Section 155A(2) Land Act 1994

LA87 Power, as lessee, to apply for extension of a term lease up to 50 years. Section 155B(2) Land Act 1994

LA84 Power, as lessee of a relevant lease to notify the Minister in accordance with section 130A(3)(a) and (b).

Section 130A(3) Land Act 1994

LA85 Power, as lessee, to apply to the Minister that a lease be used for additional or fewer purposes.


















LA88 Power, as lessee, to apply for extension of a term lease up to 75 years. Section 155BA(2) Land Act 1994 Yes

LA89 Power, as lessee, to make written submissions to the Minister to show why the term of a term lease should not be reduced.

Section 155DA Land Act 1994 Yes

LA90 Power, as lessee, to appeal against the Minister’s decision to reduce the term of a term lease.

Section 155E(3) Land Act 1994 Yes

Yes

LA92 Power, as an applicant for a renewal application, to appeal against the chief executive’s decision to refuse the renewal application if the only reason for the refusal was that the applicant had not fulfilled the conditions of the lease.


LA93 Power, as lessee, to apply to convert a perpetual lease to freehold land and a term lease to a perpetual lease or to freehold land.


LA94 Power, as applicant for a conversion application, to appeal against the chief executive’s decision to refuse the conversion application if the only reason for the refusal was that the applicant had not fulfilled the conditions of the lease.


LA95 Power to appeal against the chief executive’s decision on the purchase price for the conversion of a lease to a deed of grant.


LA96 Power, as registered owner of a deed of grant mentioned in section 174(1), to apply for the removal of the covenant from the land.


LA97 Power, as lessee, to apply for approval to subdivide the lease. Section 176(1Land Act 1994 Yes

LA91 Power, as lessee, to apply for an offer of a new lease (a renewal application).

















LA98 Power to appeal against the Minister’s decision to refuse an applicationfor approval to subdivide a lease.


LA99 Power, as lessee of 2 or more leases, to apply to the Minister forapproval to amalgamate the lots.

Section 176K Land Act 1994 Yes

LA100 Power to give the chief executive administering this Act an opinion inrespect of a proposed road closure.

Section 176N Land Act 1994 Yes

LA101 Power, as a local government, to consult with the chief executiveregarding the issue of a permit to occupy unallocated State land, a roador a reserve.


LA102 Power to apply for a permit to occupy unallocated State land, a reserveor a road.


LA103 Power, as an entity given a notice under section 177B about theproposed issue of a permit, to make a submission against the proposalto the chief executive.


Yes

LA105 Power, as a permittee, to surrender a permit. Section 180 Land Act 1994 Yes

LA106 Power, as a relevant entity, to apply to surrender or cancel a permit. Section 180A Land Act 1994 Yes

LA107 Power, as an entity given a notice under section 180B of a proposal tocancel a permit, to make a submission against the proposedcancellation to the chief executive.


LA108 Power, as a permittee for a permit that is cancelled or surrendered, toapply to remove the permittee’s improvements on the permit land.

Section 180H(1) Land Act 1994. Yes

LA104 Power, as an applicant for a permit to occupy, to enter an agreementwith an adjoining owner about the maintenance of a fence and to givethe chief executive that agreement.


















LA109 Power, as a permittee, to remove improvements with the chiefexecutive’s written approval.


LA110 Power, as a lessee, licensee or permittee, to appeal against theinclusion of the lease, licence or permit in a particular category.


LA111 Power, as a lessee or licensee, to apply to the Minister to defer, whollyor partly, the payment of rent or instalments for the lessee’s lease orlicensee’s licence


LA112 Power, as lessee, licensee or permittee, to give the Minister theinformation asked for about the lease, licence or permit.


LA113 Power, as lessee, licensee or permittee, to apply to change an imposedcondition of the lease, licence or permit.


LA114 Power to appeal against the Minister’s decision to change an imposedcondition about the protection and sustainability of the lease land.


LA115 Power, as a lessee, licensee or permittee, to do all things necessary toperform all of the conditions of tenure.


LA116 Power, as a lessee or licensee to whom a remedial action notice hasbeen given, to appeal against the decision to give the notice.


LA117 Power, as a lessee or licensee to whom a remedial action notice hasbeen given, to take action required under the notice.


LA118 Power, as lessee, to appeal against the Minister’s decision to reducethe term of, or impose additional conditions on a lease.

Section 214F(3) Land Act 1994 Yes

LA119 Power, as a person who has a lawful interest in the matters listed atsection 219(3)(a), (b) and (c), to claim compensation as prescribed bythe Acquisition of Land Act 1967.


















LA120 Power, as a compensation claimant, to appeal the Minister’s decisionabout the amount of loss, costs and expenses the claimant is entitled toclaim.


LA121 Power, as owner of lawful improvements on a lease or part of leaseresumed under the division, to claim compensation.


LA122 Power, as lessee, to appeal against the Minister’s decision oncompensation payable.


LA123 Power, as owner of lawful improvements on all or part of a reservationresumed, to claim compensation.


LA124 Power, as owner, to appeal against the Minister’s decision oncompensation payable.


LA125 Power, as a relevant local government of a term or a perpetual lease, toappeal against a decision under subsection (2)(b)(iv) to allow an entityother than the relevant local government to sell the lease.


LA126 Power, as lessee, to appeal against the Minister’s decision to forfeit alease.

Section 240D(1) Land Act 1994 Yes

LA127 Power, after receiving a notice under section 235(1) or 238(3), as alessee of a lease, to make written application for permission to sell thelease.

Section 240E(1) Land Act 1994 Yes

LA128 Power, as a local government, to apply to the Minister to sell a lease. Section 240G Land Act 1994 Yes

LA129 Power, as lessee of a forfeited lease, to remove the lessee’simprovements on the lease.

Section 243(1A) Land Act 1994 Yes

LA130 Power, as lessee of a forfeited lease, to remove the improvements withthe written approval of the Minister.


















LA131 Power, as lessee, to appeal against the Minister’s decision undersection 249(3).


LA132 Power, as lessee of all lots to which a building management statementapplies, to apply to the chief executive to extinguish it.

Section 249H Land Act 1994 Yes

LA133 Power to lodge a standard terms document and amend the standardterms document by lodging a further document.


Section 322 YesLand Act 1994


Section 327A YesLand Act 1994

Section 327B YesLand Act 1994

Section 327D YesLand Act 1994

Yes

Yes

LA135 Power, as registered owner, to surrender freehold land on terms agreedbetween the Minister and the registered owner and with the Minister’swritten approval.

LA136 Power, as lessee, to surrender a lease or part of a lease on termsagreed between the Minister and the lessee and with the Minister’s

LA134 Power to transfer a lease, sublease or licence under the Act with theapproval of the Minister, and to appeal a decision not to grant thetransfer.

LA139 Power, as owner of improvements on a lease that has beensurrendered, to apply to remove the owner’s improvements on thelease.

Section 327I(1) Land Act 1994

LA140 Power, as owner of improvements on a lease that has beensurrendered, to remove the owner’s improvements with the Minister’swritten approval.

Section 327I(2) Land Act 1994

LA137 Power, as registered owner or lessee, to apply to the Minister tosurrender freehold land or all or part of a lease.

LA138 Power, as a person given notice of a proposal to surrender a leaseunder section 327C (other than the lessee of the lease), to make asubmission against the proposal to the Minister.
















Section 329(1) YesLand Act 1994




Section 339B YesLand Act 1994



LA148 Power, as a lessee or a person acting for the lessee, to apply to amendthe description in a freeholding lease if the description of the lease maybe amended under section 360(1)(a) or (d).

Section 360C(1) Land Act 1994 Yes

LA149 Power, as a lessee or a person acting for the lessee, to apply to amendthe description in a term lease, other than a State lease, or a perpetuallease if the description of the lease may be amended under section360A(2)(a), (b) or (c).


LA145 Power, as party to a sublease, to ask the chief executive to refer thedispute to mediation.

LA146 Power, as the registered owner or trustee, to surrender land if thedescription of the land is no longer correct, because of the reasonslisted in section 358(1)(a) to (f).

LA143 Power to seek the Minister’s approval to sublease a lease and to appealthe Minister’s decision.

LA144 Power to seek the Minister’s approval to amend a sublease.

LA141 Power, as lessee, to give notice of the intention to surrender a lease.

LA142 Power to seek the Minister’s approval to waive the giving of 1 yearsnotice or paying 1 years rent.

LA147 Power, as registered owner or trustee, to surrender the land containedin the registered owner’s deed of grant or trustee’s deed of grant in trustif, on resurvey of the land, the boundaries of the land do not agree withthe boundaries described in the existing deed or appropriate plan, andno doubt exists about the boundaries of the land, with the writtenapproval of the Minister.















LA150 Power, as a lessee or a person acting for the lessee, to apply to amendthe description in a State lease if the description of the lease may beamended under section 360B(1)(a), (b), (c) or (d).


LA151 Power, as a person given notice of a proposal under section 360D,other than the lessee of the lease, to make a submission against theproposal to the designated person.


Yes

LA153 Power to sign a document surrendering an easement in favour ofCouncil, where Council acts as one of the entities listed in section371(2)(a) to (c).


LA154 Power, as trustee of trust land and a lessee, licensee or permittee, tostart a proceeding in the Magistrates Court for unlawful occupation ortrespass of trust land, lease, licence or permit.


LA155 Power, as a person who has a right to appeal against a decisionmentioned in schedule 2, to apply to the Minister for a review of thedecision.


LA156 Power, as a person who has applied for the review of a decision underdivision 2 and is dissatisfied with the review decision, to appeal to thecourt against the decision.


LA152 Power to sign the plan of survey for an easement where Council acts asthe public utility provider or the owner of the land to be burdened.

Section 363(1)(b) Land Act 1994.













LA157 Power, as licensee, to surrender all or part of an occupation licence, on terms agreed to between the Minister and the licensee and with the Minister’s written approval.


LA158 Power, as a public utility provider or a licensee to apply to cancel orsurrender all or part of an occupation licence.


LA159 Power, as a person given notice of a proposal under section 481C(other than the licensee or public utility provider who applied for thecancellation or surrender), to make a submission against the proposedcancellation or surrender to the Minister.

Section 481D Land Act 1994 Yes

LA160 Power, as a licensee of an occupation licence that is cancelled orsurrendered absolutely, to apply to remove the licensee’s improvementson the licence.

Section 481J(1) Land Act 1994 Yes

LA161 Power, as a licensee, to remove the licensee’s improvements on thelicence with the written approval of the Minister.

Section 481J(2) Land Act 1994 Yes

LA163 Power, as licensee of an occupation licence, to carry out improvementsor development work on the licence only with the Minister’s writtenapproval.


LA164 Power, as a local government, to apply to exchange the conditionaldeed for a reserve or deed of grant in trust with the local government astrustee or a lease granted under the Land Act 1994 .


LA165 Power to agree to an allocation or dedication of land from the State,where the land has become an asset of the State by virtue of section231 (repealed) of the Transport Infrastructure Act 1994 .
















LPA01 Power to cause a pest management plan for declared pests to bedrafted for Council’s local government area that complies with therequirements of the Land Protection (Pest and Stock RouteManagement) Act .

Sections 25, 26, 27 and 28 Land Protection (Pest and Stock Route Management) Act 2002

Yes

Power to review, or renew, its pest Yesmanagement plan when the chief executive officer of the local government considers it appropriate.

Yes

YesLPA04 Power to consider and either grant or refuse an application to extendthe compliance period for a ‘pest control notice’.

Section 79 Land Protection (Pest and Stock Route Management) Act 2002

LPA02 Section 33(1) Land Protection (Pest and Stock Route Management) Act 2002

LPA03 Power to issue a ‘pest control notice’ pursuant to the Land Protection(Pest and Stock Management) Act.


LAND PROTECTION (PEST AND STOCK ROUTE MANAGEMENT) ACT 2002

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LandPrPSRMA02.pdf�















LPA05 Power to issue an entry notice if the owner has failed to comply with a‘pest control notice’, including authorising a pest controller to enter theowner’s land and take the action stated in the notice.

Sections 80 and 81 Land Protection (Pest and Stock Route Management) Act 2002

Yes

Power to ask the person responsible for Yes registering title to the land and dealings affecting the land to register the charge.

LPA07 The power to issue an emergency quarantine notice if a declared pestin Council’s local area is or reasonably could cause significanteconomic, environmental or social impact in Council’s area or the State.

Yes

LPA08 The power to direct an authorised person to take the action reasonablyrequired under the emergency quarantine notice.


Yes

LPA09 Power to prepare a stock route network management plan. Sections 105 to 109 inclusive Land Protection (Pest and Stock Route Management) Act 2002

Yes

Power to review, or renew, its stock route Yesnetwork management plan when the chief executive officer of the local government considers it appropriate.

Yes

Yes

LPA11 Power to by written notice, ask the applicant of a stock route permit to give further reasonable information or documents about the application by the reasonable date stated in the notice and refuse the application if the applicant does not comply.


LPA12 Power to grant or refuse an application for a stock route agistment permit.


LPA06 Sections 85 Land Protection (Pest and Stock Route Management) Act 2002

LPA10 Section 113 Land Protection (Pest and Stock Route Management) Act 2002

Section 89 and 90 Land Protection (Pest and Stock Route Management) Act 2002























Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

LPA15 Power to amend the conditions of a stock route agistment permit. Section 127 Land Protection (Pest and Stock Route Management) Act 2002

LPA16 Power to cancel a stock route agistment permit. Section 128 Land Protection (Pest and Stock Route Management) Act 2002

LPA13 Power to grant or refuse an application to renew a stock route agistment permit.


LPA14 Power to impose on a stock route agistment permit the reasonable conditions it decides.


LPA19 Power to grant or refuse an application for a stock route travel permit. Section 136 Land Protection (Pest and Stock Route Management) Act 2002

LPA20 Power to require a stock route travel permit holder who gives a notice of the correct particular to return the permit.


LPA17 Power to require the holder of a stock route agistment permit to return the permit.


LPA18 Power to ask the applicant to give the further reasonable information or documents about the application, and to refuse the application if the applicant does not comply.


LPA23 Power to cancel a stock route travel permit. Section 144 Land Protection (Pest and Stock Route Management) Act 2002

LPA21 Power to impose on a stock route travel permit the reasonable conditions it decides.


LPA22 Power to amend a stock route travel permit. Section 143 Land Protection (Pest and Stock Route Management) Act 2002




























Yes

Yes

Yes

LPA27 Power to enter land at any reasonable time to build or complete thebuilding of the fence, or do anything necessary to make the fence stock-proof.


Yes

LPA28 Power to determine whether it is reasonably necessary to muster stockon relevant land in its area to monitor compliance with—

Yes

(a) a stock route agistment permit; or(b) a stock route travel permit.

Yes

LPA24 Power to require the holder of a stock route travel permit to return the permit for an amendment under a decision made under certain sections of the Act.


LPA29 Power to give a mustering notice. Section 156 Land Protection (Pest and Stock Route Management) Act 2002

LPA25 Power to consider it necessary to build a stock-proof fence on the boundary of land adjoining a stock route network.


LPA26 Power to issue a fencing notice. Section 149 Land Protection (Pest and Stock Route Management) Act 2002



















LPA30 Power to enter land at any reasonable time and muster the stock, if theholder does not comply with a mustering notice.


Yes

LPA31 Power to manager and conserve pasture on its stock route network. Section 160 Land Protection (Pest and Stock Route Management) Act 2002

Yes

Yes

LPA33 Power to seize stray stock found on the stock route network in Council’sarea.


Yes

LPA34 Power to give written notice of the seizure to the owner of the seizedstock.


Yes

LPA32 Power to require an owner to reduce the number of stock on the land. Section 161(2) Land Protection (Pest and Stock Route Management) Act 2002














LPA35 Power to release stock to a person entitled to possession, where therelevant fees are paid.


Yes

LPA36 Power to sell seized stock by public auction or tender or dispose ofseized stock in an appropriate manner.


Yes

LPA37 Power to destroy the stock in an appropriate manner, where: Yes(a) stock found on the stock route network are stray stock; and(b) it is not practicable to seize the stock under section 167; and(c) it is necessary to destroy the stock in the interests of public safety.

Yes

LPA39 Power to take action to comply with any notice given by the Minister inrelation to the administration and enforcement of the Land Protection(Pest and Stock Route Management) Act .


Yes

Power to provide any information that the Minister may required inrelation to:

Yes

(a) details of amounts payable to Council under the Land Protection (Pest and Stock Route Management) Act ; and(b) functions or powers performed or exercised or required to beperformed or exercised by Council under the Land Protection (Pest andStock Route Management) Act.

LPA41 Power to appoint an authorised person for the purposes ofadministering and enforcing the provisions of the Land Protection (Pestand Stock Route Management) Act 2002


Yes



LPA38 Power to consent to the burning or removal of pasture.

LPA40 Section 188 Land Protection (Pest and Stock Route Management) Act 2002


















LPA42 Power to appoint an authorised person to monitor compliance with theLand Protection (Pest and Stock Route Management) Act.

Section 241(1) Land Protection (Pest and Stock Route Management) Act 2002

Yes

LPA43 Power to cause to be published between 28 and 14 days before thecommencement of a pest survey program, details required by the Land Protection (Pest and Stock Route Management) Act .


Yes

LPA44 All the powers delegated by the chief executive (State department) tothe CEO.

Yes





LVA01 Power to consult with the valuer-general about an annual valuation of land.

Section 74 Land Valuation Act 2010 Yes





Yes

Yes

Section 305(1) Land Protection (Pest and Stock Route Management) Act 2002 (N.B. sub-section (3) permits the CEO to sub-delegate)

LIQA02 Power to raise a matter and make comment to the chief executive,where Council is consulted in relation to an application for an extendedhours permit.

Section 110(4)(a) Liquor Act 1992

LIQA01 Power to make comments in regard to the grant of an adultentertainment permit.

Section 107D(2) Liquor Act 1992

LAND VALUATION ACT 2010

LIQUOR ACT 1992





http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LandValA10.pdf�





http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LiquorA92.pdf�


http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LandValA10.pdf�







Power to: Yes(a) comment on the reasonable requirements of the public in thelocality; or(b) object; in respect of the grant of a relevant application.

Yes

Yes

LIQA06 Power to designate a “public place” as a “designated area”, for thepurposes of permitting the consumption of liquor, and power to set theperiod or times during which the designation will have effect.

Section 173C(1) and (2) Liquor Act 1992 Yes

LIQA07 Power to advertise the designation made under section 173C(1), andpower to erect signs advising of the designation, the period and times ofthe designation.

Section 173D(1) and (3) Liquor Act 1992 Yes

LIQA08 Power to repeal or amend the designation under section 173C, andpower to advertise the repeal or amendment; erect signs that thedesignation has been amended; or remove signs if the designation hasbeen repealed

Section 173E (1) and (3) Liquor Act 1992 Yes

LIQA09 Power to display a notice regarding a designation at or near eachentrance to a place within a restricted area.

Section 173M(1) Liquor Act 1992 Yes

Power to comment about particular applications. Section 117A Liquor Act 1992

LIQA05 Power to make comment in regard to the grant of an applicationgenerally.

Section 121(c) Liquor Act 1992

LIQA04

LIQA03 Section 117(2) Liquor Act 1992













Power to: Yes(a) suspend a restricted area designation for a public place for up to 10 days if the local government reasonably believes it is in the best interests of the area’s residents to do so; and

(b) to display a notice about the suspension on each of the section 173M notices about the restricted area designation while the suspension is in force; and(c) to notify the Queensland Police Service about the suspension.





LGBEBAR01 Power to apply for an approval to invest in a beneficial enterprise. Section 6 Local Government (Beneficial Enterprises and Business Activities) Regulation 2010

Yes

LGBEBAR02 Power to identify and assess each new significant business for possiblereform involving full cost pricing, commercialisation or corporatisation.

Section 8 Local Government (Beneficial Enterprises and Business Activities) Regulation 2010

Yes

LGBEBAR03 Power to decide what to charge for goods or services provided inconducting a significant business.

Section 21 Local Government (Beneficial Enterprises and Business Activities) Regulation 2010

Yes

LGBEBAR04 Power to create a corporatisation committee. Section 35 Local Government (Beneficial Enterprises and Business Activities) Regulation 2010

Yes

LGBEBAR05 Power to appoint the chief executive officer of a corporate entity. Section 62(1) Local Government (Beneficial Enterprises and Business Activities) Regulation 2010

Yes

LGBEBAR06 Power to decide otherwise than that the corporate entity must pay thelocal government the remuneration of a person who is a director.

Section 72(3) Local Government (Beneficial Enterprises and Business Activities) Regulation 2010

Yes

LGBEBAR07 Power to give a direction under section 76(4)(b). Section 76(4) Local Government (Beneficial Enterprises and Business Activities) Regulation 2010

Yes

LIQA10 Section 173N(1), (3) and (4) Liquor Act 1992

LOCAL GOVERNMENT (BENEFICIAL ENTERPRISES AND BUSINESS ACTIVITIES) REGULATION 2010

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Beneficial Enterprises and Business Activities) Regulation 2010/6 Approval for a local government to invest in a beneficial enterprise�



http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Beneficial Enterprises and Business Activities) Regulation 2010/8 Reforming a significant business�



http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Beneficial Enterprises and Business Activities) Regulation 2010/21 Cost of community service obligations�



http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Beneficial Enterprises and Business Activities) Regulation 2010/35 Committee to oversee corporatisation�



http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Beneficial Enterprises and Business Activities) Regulation 2010/61 Chief executive officer�



http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Beneficial Enterprises and Business Activities) Regulation 2010/72 Dual service for directors of corporate entities�



http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Beneficial Enterprises and Business Activities) Regulation 2010/76 Shareholder delegates�





http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LocalGovBER10.pdf�






LGBEBAR08 Power to ask a shareholder delegate to give Council a report on theperformance of the corporate entity.


Yes

LGBEBAR09 Power to decide charges to persons for goods or services and to decidethe required revenue under schedule 1, section 2.


Yes

Power to decide: Yes (a) the depreciation amount for an asset used in providing aservice; and(b) the rate of return on capital used in providing a service.

LGBEBAR11 Decisions under schedule 1 for deciding charges. Schedule 1 section 2 Local Government (Beneficial Enterprises and Business Activities) Regulation 2010

Yes

LGBEBAR12 Power to make an allocation of administrative and overhead costs toeach relevant activity having regard to all of a local government’srelevant activities.

Schedule 1 section 5 Local Government (Beneficial Enterprises and Business Activities) Regulation 2010

Yes

LGBEBAR13 Power to decide the basis for depreciation. Schedule 1 section 7 Local Government (Beneficial Enterprises and Business Activities) Regulation 2010

Yes

LGBEBAR14 Power to work out tax equivalents for Commonwealth or State taxes a local government is not liable to pay as a local government.

Schedule 1 section 8 Local Government (Beneficial Enterprises and Business Activities) Regulation 2010

Yes

Yes

LGBEBAR10 Section 128(4) Local Government (Beneficial Enterprises and Business Activities) Regulation 2010

LGBEBAR15 Power to decide the amount for the return on capital used by a localgovernment in conducting a relevant activity.

Schedule 1 section 10 Local Government (Beneficial Enterprises and Business




http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Beneficial Enterprises and Business Activities) Regulation 2010/120 Applying the competitive neutrality principle�



http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Beneficial Enterprises and Business Activities) Regulation 2010/Schedule 1�












http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Beneficial Enterprises and Business Activities) Regulation 2010/128 Full cost recovery for water and sewerage services�











LGCFR01

Power to appoint another individual as returning officer for an election. Section 273(1) Schedule 1 Local Government (Community Forums) Regulation 2008

Yes

LGCRF02

Section 273(2) (a) Schedule 1 Yes

Local Government (Community Forums) Regulation 2008

LGCRF03 Power to determine that it is appropriate to invite submissions forappointment as returning officer from any individual the chief executiveofficer considers suitably qualified to conduct elections.

Section 273(2) (b)Schedule 1 Local Government (Community Forums) Regulation 2008

Yes





LGFPRR01 Power to authorise a person as a qualified person for chapter 2 part 5 division 2 of the Local Government (Finance, Plans and Reporting) Regulation 2010 .

Section 18(2)(b) Local Government (Finance, Plans and Reporting) Regulation 2010

Yes

LGFPRR02 Power to allow a longer period than prescribed for the owner of land to object to the categorisation of the owners land for rating purposes.

Section 22(4)(d)(ii) Local Government (Finance, Plans and Reporting) Regulation 2010

Yes

LGFPRR03 Power to allow a longer period within which an owner of rateable land must give an objection notice.

Section 24(5)(b) Local Government (Finance, Plans and Reporting) Regulation 2010

Yes

LOCAL GOVERNMENT (COMMUNITY FORUMS) REGULATION 2010

LOCAL GOVERNMENT (FINANCE, PLANS AND REPORTING) REGULATION 2010

Power to determine a newspaper other than a newspaper circulatinggenerally in the local government area to be appropriate for publicationof a public notice inviting expressions of interest from individuals whoare suitably qualified to conduct elections.

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Community Forums) Regulation 2008/Schedule 1�









http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/18 Appointing categorisation officer�



http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/22 Notice to owner of categorisation�



http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/24 Land owners objection to rates category�



http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LocGovComFR08.pdf�

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LocalGovFPR10.pdf�






LGFPRR04 Power to consider objections to the rating category for land and decideto change the rating category or to not allow the objection.

Section 25 Local Government (Finance, Plans and Reporting) Regulation 2010

Yes

LGFPRR05 Power to determine a period considered appropriate for the issue of a rate notice.

Section 41(1) Local Government (Finance, Plans and Reporting) Regulation 2010

Yes

LGFPRR06 Power to give a benefit that is not a discount as an inducement for payment of rates or charges before the due date for payment.


Yes

LGFPRR07 Power to recover overdue rates or charges by bringing Court proceedings for a debt.


Yes

LGFPRR08 Power to sign a notice of intention to sell under section 74(4). Section 74(4) Local Government (Finance, Plans and Reporting) Regulation 2010

Yes

LGFPRR09 Power to set a reserve price for the sale by auction of land for overdue rates or charges.


Yes

LGFPRR10 Power to enter into negotiations with the highest bidder at the auction to sell land for overdue rates or charges and to form an agreement to sell the land.


Yes

LGFPRR11 Power to sign a notice of intention to acquire under section 82(3). Section 82(3) Local Government (Finance, Plans and Reporting) Regulation 2010

Yes

LGFPRR12 Power to certify a copy of an entry in the land record. Section 90(2) Local Government (Finance, Plans and Reporting) Regulation 2010

Yes

LGFPRR13 Power to give a grant to a community organisation in the public interest and consistent with the local government’s community grants policy.


Yes

LGFPRR14 Power to spend money on entertainment or hospitality in the public interest and consistent with the local government’s entertainment and hospitality policy.


Yes

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/25 Decision on a land owners objection�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/25 Decision on a land owners objection�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/41 Issue of and period covered by rate notice�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/41 Issue of and period covered by rate notice�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/65 Other benefits for prompt payment�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/65 Other benefits for prompt payment�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/68 Court proceedings for overdue rates or charges�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/68 Court proceedings for overdue rates or charges�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/74 Notice of intention to sell land for overdue rates or charges�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/74 Notice of intention to sell land for overdue rates or charges�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/77 Conduct of auction�




http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/82 Requirements for notice of intention to acquire land�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/82 Requirements for notice of intention to acquire land�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/90 Evidence of land record�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/90 Evidence of land record�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/137 Grants to community organisations�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/137 Grants to community organisations�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/139 Entertainment and hospitality�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/139 Entertainment and hospitality�






LGFPRR15 Power to spend money on advertising in the public interest and consistent with the local government’s advertising spending policy.


Yes

LGFPRR16 Power to transfer money from a trust fund in accordance with section 146 Local Government (Finance, Plans and Reporting) Regulation 2010.


Yes

LGFPRR17 Power to debit the operating fund for amounts relating to the local government’s operations including capital expenditure.


Yes

LGFPRR18 Power to make a response to an internal audit. Section 156 Local Government (Finance, Plans and Reporting) Regulation 2010

Yes

Yes

Yes

Yes

No

LGFPRR23 Power to decide to accept a tender or not to accept any tenders it receives.


Yes

LGFPRR24 Power to accept a tender most advantageous to it having regard to the sound contracting principles.


Within the Budget. Yes

LGFPRR20 Power to decide to accept a quote or to decide not to accept any of the quotes it receives for a medium-sized contract.

Section 174(3) and (4) Local Government (Finance, Plans and Reporting) Regulation 2010

LGFPRR21 Power to invite written tenders for a large-sized contract or a valuable non‑current asset contract or to offer a non-current asset for sale by auction.

Sections 176 and 177 Local Government (Finance, Plans and Reporting) Regulation 2010

LGFPRR19 Power to invite written quotes for a medium-sized contract. Section 174(1) Local Government (Finance, Plans and Reporting) Regulation 2010

LGFPRR22 Power to invite expressions of interest, prepare a short list and invite written tenders pursuant to section 177 Local Government (Finance, Plans and Reporting) Regulation 2010.


http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/141 Advertising spending�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/141 Advertising spending�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/146 Transferring money to or from a trust fund�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/146 Transferring money to or from a trust fund�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/147 Operating fund�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/147 Operating fund�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/156 Internal audit progress report�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/156 Internal audit progress report�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/176 Valuable non-current asset contract-tenders or auction needed first�





http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/174 Medium-sized contract-quotes needed first�
















LGFPRR25 Power to enter into a medium-sized or large-sized contract for services with a person on an approved contractor list.


Yes

LGFPRR26 Power to put together an approved contractor list. Section 180(4) Local Government (Finance, Plans and Reporting) Regulation 2010

No

LGFPRR27 Power to enter into a contract for a medium-sized contract or large-sized contract for the supply of goods or services with a supplier from a register of pre-qualified suppliers.


Yes

No

Yes

No

Yes

LGFPRR32 Power to enter into a medium-sized contract or large-sized contract without first inviting written quotes or tenders in circumstances specified in section 184 Local Government (Finance, Plans and Reporting) Regulation 2010.


Yes

LGFPRR29 Power to enter into a medium-sized contract or a large-sized contract for goods or services with a preferred supplier under a preferred supplier arrangement.


LGFPRR30 Power to establish a preferred supplier arrangement by inviting tenders. Section 182 Local Government (Finance, Plans and Reporting) Regulation 2010

LGFPRR28 Power to establish a register of pre‑qualified suppliers of particular goods or services.


LGFPRR31 Power to enter into a contract for goods and services under an LGA arrangement.


http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/180 Exception for contractor on approved contractor list�






http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/181 Exception for register of pre-qualified suppliers�



http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/184 Other exceptions�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/184 Other exceptions�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/182 Exception for a preferred supplier arrangement�








http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/183 Exception for LGA arrangement�








LGFPRR33 Power to dispose of a valuable non‑current asset other than by tender or auction in circumstances specified in section 185 Local Government (Finance, Plans and Reporting) Regulation 2010.


Yes





LGOR01 Power to decide the amount of a fee for a request of an extract or certified copy of a local law from the local government’s register of local laws.

Section 16 Local Government (Operations) Regulation 2010

Yes

Power in relation to a mall to do any of the following: Yes (a) anything that is necessary or desirable for developing, managing, maintaining (including cleaning), promoting, or using the mall; (b) permit the use of any part of the mall (including for the use of erecting any structure, for example) on the conditions it considers appropriate;(c) anything incidental to its powers mentioned in paragraph (a) or (b).

Power to construct, maintain, manage and regulate the use of: Yes (a) harbours for small vessels in or over tidal waters; and

(b) jetties, breakwaters and ramps in or over tidal waters; and

to occupy and use foreshore, tidal land or tidal waters to undertake work in exercising those powers.

LGOR02 Section 22 Local Government (Operations) Regulation 2010

LG0R03 Section 23 Local Government (Operations) Regulation 2010

LOCAL GOVERNMENT (OPERATIONS) REGULATION 2010

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/185 Exceptions for valuable non-current asset contracts�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Finance, Plans and Reporting) Regulation 2010/185 Exceptions for valuable non-current asset contracts�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/16 Local law register-Act, s 31�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/16 Local law register-Act, s 31�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/22 Other matters connected with managing, promoting or using malls-Act, s 80A�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/22 Other matters connected with managing, promoting or using malls-Act, s 80A�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/23 Harbours, jetties, breakwaters and ramps�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/23 Harbours, jetties, breakwaters and ramps�

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LocalGovOR10.pdf�






Power to take all necessary steps for: Yes (a) construction on, maintenance of or improvement of the land; and(b) regulation of the use of the land,

where the land is subject to a public thoroughfare easement.

LGOR05 Power to enter into arrangements necessary to perform the joint responsibility of the local government where a road or other work is to be or has been built along the boundary between two or more local government areas and partly in each of the areas.

Section 28 Local Government (Operations) Regulation 2010

Yes

LGOR06 Power to adjourn a meeting of a local government if no councillors arepresent.

Section 58(2) Local Government (Operations) Regulation 2010

Yes

LGOR07 Power to give access to a register of interests. Section 109(4) Local Government (Operations) Regulation 2010

Yes

LGOR08 Power to include in the register of delegations information other thanthat specified in section 118(1) Local Government (Operations)Regulation 2010.


Yes

LGOR09 Power to develop and publish an EEO management plan. Section 125 Local Government (Operations) Regulation 2010

Yes

LGOR10 Power to give the Department’s chief executive written notice of thelocal government’s reason for not complying with a recommendationunder section 129(2) Local Government (Operations) Regulation 2010 .


Yes

LGOR04 Section 27 Local Government (Operations) Regulation 2010

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/28 Boundary works�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/28 Boundary works�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/58 Adjournment of meetings�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/58 Adjournment of meetings�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/109 Access to registers of interests�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/109 Access to registers of interests�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/118 Particulars to be contained in register of delegations-Act, s 260�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/118 Particulars to be contained in register of delegations-Act, s 260�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/125 Local government to develop EEO management plan�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/125 Local government to develop EEO management plan�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/129 Departments chief executive may take action if dissatisfied with EEO management plan of a local government�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/129 Departments chief executive may take action if dissatisfied with EEO management plan of a local government�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/27 Public thoroughfare easements�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government (Operations) Regulation 2010/27 Public thoroughfare easements�







LGA01 Power to conduct a joint government activity. Section 10 Local Government Act 2009 Yes

LGA02 Power to carry out the responsibilities specified in section 13(3) Local Government Act 2009—

Yes

(a) managing the local government; (b) managing the other local government employees throughmanagement practices that promote equal employment opportunitiesand are responsive to the local government’s policies and priorities;

(c) establishing and implementing goals and practices inaccordance with the policies and priorities of the local government;

(d) establishing and implementing practices about access andequity;(e) keeping a record, and giving the local government access to, arecord of, all directions given by the mayor to the chief executive officer,

(f) the safe custody of all records and documents; (g) complying with reasonable requests from councillors for adviceand information.

Power to:- Yes(a) review whether each of its divisions has a reasonableproportion of electors; and(b) give the electoral commissioner and the Minister written noticeof the results of the reviewno later than 1 March in the year before the quadrennial elections.

LGA04 Power to apply to the change commission to assess whether a localgovernment change other than a local government change made underthe 2007 reform process should be made.

Section 18 Local Government Act 2009 Yes

LGA05 Power to make submissions to the change commission in response to arequest for submissions in relation to a proposed local governmentchange.


LGA06 Power to decide the local government’s process for making a local lawconsistent with sections 29A and 29B of the Local Government Act2009.


LGA07 Power to consult with relevant government entities about the overallState interest in a proposed local law.

Section 29A(2) Local Government Act 2009

Yes

LGA03 Section 16 Local Government Act 2009

LOCAL GOVERNMENT ACT 2009

Section 13 Local Government Act 2009

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/10 Power includes power to conduct joint government activities�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/18 Who may start the change process�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/19 Assessment�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/29 Local law making process�



http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/16 Review of divisions of local government areas�

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LocalGovA09.pdf�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/13 Responsibilities of local government employees�






LGA08 Power to review provisions of a local government’s local laws inaccordance with section 33 of the Local Government Act 2009.


LGA09 Power to consult with local government employees affected by abeneficial enterprise or an industrial association representing theemployees in relation to a proposed beneficial enterprise of the localgovernment.


LGA10 Power to seek approval of the Department’s chief executive before thelocal government invests in a beneficial enterprise when the amount ofthe investment is not identified as a capital expenditure in the budget orinvest in a beneficial enterprise an amount prescribed under aregulation.

Section 42(6) Local Government Act 2009 Yes

LGA11 Power to conduct a public benefit assessment of a new significantbusiness activity


LGA12 Power to prepare a report on the public benefit assessment inaccordance with section 46(5) of the Local Government Act 2009.


LGA13 Power to make an application to a Supreme Court or District Court foran order for the examination of a person about the management,administration or affairs of a corporate entity of the local government.


Yes

Yes

Yes

Yes

Yes

LGA14 Power to exercise control of all roads in the local government areaincluding the ability to survey and resurvey roads, construct, maintainand improve roads, approve the naming and numbering of privateroads, and name and number other roads.


LGA17 Power to decide a claim for compensation for a notice of intention toacquire land.


LGA18 Power to acquire land after service of notice of intention to acquireinstead of paying compensation for injurious affection.


LGA15 Power to give the owner of land a notice of intention to acquire land. Section 61 Local Government Act 2009

LGA16 Power to lodge the copy of a notice of intention to acquire land with theRegistrar of Titles for registration on the instrument of title to the land.

Section 61(6) Local Government Act 2009

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/33 Regular review of local laws�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/40 Conducting beneficial enterprises�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/42 Planning for a beneficial enterprise with the private sector�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/46 Assessing public benefit�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/46 Assessing public benefit�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/55 Order for examination of persons concerned with corporate entities�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/60 Control of roads�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/62 Compensation for a notice of intention to acquire land�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/64 Acquisition of land instead of compensation�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/61 Notice of intention to acquire land to widen a road�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/61 Notice of intention to acquire land to widen a road�






Yes

Yes

Yes

Yes

Yes

Yes

Yes

LGA26 Power to close a road (permanently or temporarily) to traffic or particulartraffic subject to section 69(1) of the Local Government Act 2009.


Power to close a road to traffic: Yes(a) during a temporary obstruction to traffic; or(b) if it is in the interests of public safety; or(c) if it is necessary or desirable to close the road for a temporarypurpose (including a fair, for example).

LGA21 Power to withdraw notice of intention to acquire land. Section 65(4) Local Government Act 2009

LGA22 Power to lodge with Registrar of Titles for registration a notice of adecision not to proceed with, or to withdraw, notice of intention ofrealignment of road or part of road.


LGA19 Power to assess compensation for acquisition of land. Section 64 Local Government Act 2009

LGA20 Power to serve notice of decision not to proceed to acquire land thesubject of a notice of intention to acquire.


LGA25 Power to submit objection to application for opening or closing of road inlocal government area by someone other than the local government.


LGA27 Section 69(2) Local Government Act 2009

LGA23 Power to assess and pay the owner of land reasonable compensationfor decrease in value of land because of decision not to proceed withrealignment of a road or part of a road after giving a notice of intentionto acquire land and the local government has made structuralimprovements on land that adjoins the road.


LGA24 Power to acquire land that adjoins a road for use as a footpath. Section 67 Local Government Act 2009

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/69 Closing roads�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/65 What is to happen if a realignment is not carried out�


http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/64 Acquisition of land instead of compensation�


http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/68 Notice to local government of opening or closing of roads�


http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/66 Compensation if realignment not carried out�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/67 Acquiring land for use as a footpath�






Yes

Yes

Yes

Yes

Yes

LGA33 Power to allow additional time to submit a claim for compensation inrelation to a temporary road.


Yes

Yes

Yes

LGA37 Power to assess impact on roads of specified activities under section 72of the Local Government Act 2009.


LGA30 Power to permit the use of any part of a road after it is closed to trafficfor a temporary purpose subject to appropriate conditions.


LGA31 Power to make a temporary road through land adjoining the road to beused while the road is being remade or repaired.


LGA28 Power to publish notice of closing of road. Section 69(3) Local Government Act 2009

LGA29 Power to do everything necessary to stop traffic using the road after it isclosed.


LGA35 Power to fix and advise the owner or occupier or change the permanentlevel of a road under section 71 of the Local Government Act 2009.


LGA36 Power to agree the amount of compensation payable under section 71of the Local Government Act 2009.


LGA32 Power to agree with owner or occupier of land regarding localgovernment entry and the giving of written or oral notice as specified insection 70(3) and (4) of the Local Government Act 2009.

Section 70(3) and (4) Local Government Act 2009

LGA34 Power to agree with owner of land amount of compensation for physicaldamage caused by local government entering, occupying or using landunder section 70 of the Local Government Act 2009.

Section 70(7) and (8) Local Government Act 2009

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/70 Temporary roads�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/72 Assessment of impacts on roads from certain activities�





http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/71 Road levels�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/71 Road levels�










LGA38 Power to require entity conducting activity on road to provide information under section 72 of the Local Government Act 2009.


Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

LGA41 Power to prepare and keep up to date a map of every road includingprivate roads in the local government area and a register of roadsshowing the category of every road, the level of every road that has afixed level and other particulars prescribed under a regulation.


LGA42 Power to approve the carrying out of works on a road or interferencewith a road or its operation subject to conditions.


LGA39 Power to give the entity conducting an activity a direction about the useof the road to lessen the impact and to require the entity to carry outworks to lessen the impact or to pay an amount as compensation forthe impact.

Section 72 (3) Local Government Act 2009

LGA40 Power to categorise the roads in the local government area according tothe surface of the road.


LGA45 Power to give a notice requiring the owner of a property to performsewerage installation works.


LGA46 Power to perform work to fix damage and recover reasonable costs forthe work from a person who puts a prohibited substance in thestormwater drain.


LGA43 Power to, by written notice, require the owner of a property to connect astormwater installation for the property to the local government’sstormwater drain in the way, under the conditions and within the timestated in the notice.


LGA44 Power to give approval for the connection of a stormwater installation tothe local government’s stormwater drain (including the imposition ofconditions) in accordance with section 77 of the Local Government Act2009.



http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/73 Categorisation of roads�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/75 Unauthorised works on roads�


http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/73 Categorisation of roads�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/78 No connecting sewerage to stormwater drain�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/79 No trade waste or prohibited substances in stormwater drain�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/77 Connecting stormwater installation to stormwater drain�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/77 Connecting stormwater installation to stormwater drain�






Yes

LGA48 Power to apply to the Minister for approval to make a major policy decision during the caretaker period for an election for the local government.

Section 90B Local Government Act 2009 Yes

Yes

Yes

LGA51 Power to sign a certificate as to a charge over land for overdue ratesand charges.


Yes

Yes

LGA54 Power to establish a system of financial management that complies withthe requirements prescribed under a Regulation and to regularly reviewthe performance of the system of financial management.


LGA55 Power to conduct and report on the results of an annual review of theimplementation of the local government’s annual operational plan, 5-year corporate plan and long-term community plan.


LGA56 Power to establish an efficient and effective internal audit function. Section 105(1) Local Government Act 2009 Yes

LGA50 Power to lodge documents with the Registrar of Titles for release of thecharge if overdue rates and charges are paid.



LGA52 Power to issue other remedies to recover overdue rates and charges.

LGA47 Power to provide a ferry service across a water course undersection 80B of the Local Government Act 2009 including the leasing ofthe right to provide the ferry service.

Section 80B Local Government Act 2009

LGA49 Power to register a charge over land for overdue rates and chargesunder section 95 of the Local Government Act 2009.



Power to implement systems to meet financial sustainability criteriaunder section 102 of the Local Government Act 2009.

LGA53

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/90B Prohibition on major policy decision in caretaker period�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/95 Overdue rates and charges are a charge over rateable land�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/103 Financial management systems�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/103 Financial management systems�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/105 Auditing, including internal auditing�


http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/102 Financial sustainability criteria�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/80B Ferry services�








LGA57 Power to maintain public liability insurance and professional indemnityinsurance.


LGA58 Power to enter into a contract of insurance with WorkCover Queenslandor another insurer to cover its councillors.


LGA59 Power to give the public notice (in a newspaper circulating generally inthe local government area in accordance with section 110(2) of theLocal Government Act 2009 ) of the disbursement of funds not providedfor in the local government’s budget for the financial year and madewithout the approval of the local government by resolution.


LGA60 Power to give or to attempt to give an occupier of a property a writtennotice that informs the occupier of the local government’s intention toenter the property, the reason for entering the property and anestimation of when the property will be entered.


LGA61 Power to assess, agree and pay compensation for damage or lossincurred by a person because of the exercise, or purported exercise, ofa power under division 1 part 2 chapter 5 of the Local Government Act2009.


LGA62 Power to assess, agree and pay compensation for damage or lossincurred by a person because of the exercise, or purported exercise, ofa power under division 1 part 2 chapter 5 of the Local Government Act2009. (Authorised Persons)


LGA63 Power to give a remedial notice to the owner of a property. Section 138(2) Local Government Act 2009

Yes

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/107 Insurance�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/107 Insurance�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/110 Councillors liable for improper disbursements�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/133 Entering property under an approved inspection program�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/137 Compensation for damage or loss caused after entry�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/138 What this division is about�






LGA64 Power to give a reasonable written notice to the owner and occupier ofa property.


Yes

LGA65 Power to authorise an employee or agent of the local government to actas a local government worker.


LGA64 Power to recover as a debt the amount that the local governmentproperly and reasonably incurs in taking the action that is requiredunder a remedial notice where the owner and the occupier of theproperty failed to take the action required under the remedial notice.


LGA66 Power to recover an amount payable under section 142 of the Local Government Act 2009 as if the amount were an overdue rate.


LGA67 Power to give reasonable notice to the owner and the occupier ofrateable land of entry by a local government worker to search for andremove materials.


LGA67 Power to agree and to pay the amount of compensation payable to aperson who incurs damage or loss during the course of the exercise, orpurported exercise, of a power under division 2, part 2, chapter 5 of theLocal Government Act 2009. (Powers of other persons)


LGA68 Power to form a suspicion or belief that information included in aregister or record of the local government is incorrect.

Section 148F(1) Local Government Act 2009

Yes

LGA69 Power to direct an authorised person to make inquiries as to whetherand to what extent the register or record is incorrect.

Section 148F(2) Local Government Act 2009

Yes

LGA70 Power to give a direction to an authorised person to require a person togive information or produce a document relating to an error, omission oroffence relating to a register or record.

Section 148G (2) Local Government Act 2009

Yes

LGA71 Power to conclude that an offence has been committed relating to aregister or record.

Section 148H (1) Local Government Act 2009

Yes

LGA72 Power to take the declaration of office of a councillor. Section 169(3) Local Government Act 2009 Yes

LGA73 Power to make advice guidelines for a councillor to ask a localgovernment employee for advice.

Section 170A (3) Local Government Act 2009

Yes


http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/142 Entry by a local government worker, with reasonable written notice, under a remedial notice�


http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/143 Entry by a local government worker, with reasonable written notice, to take materials�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/147 Compensation for damage or loss caused�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/148F Making of inquiries for local government�






http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/148H Referral to department�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/148H Referral to department�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/169 Obligations of councillors before acting in office�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/170A Requests by councillors for advice or information�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/170A Requests by councillors for advice or information�






LGA74 Power to assess complaints of misconduct and to refer complaints ofmisconduct to the Department’s chief executive.


LGA75 Power to give written notice of a complaint about the conduct orperformance of a councillor to the chief executive officer.


LGA76 Power to assess each complaint to decide whether the complaint isabout a frivolous matter or made vexatiously or about inappropriateconduct, misconduct, official misconduct or another matter.


LGA77 Power to decide to take no further action in relation to a complaintassessed to be about a frivolous matter or made vexatiously.


LGA78 Power to decide conditions of employment of local governmentemployees.


LGA79 Power to agree with other local governments about the jointemployment of a local government employee.


LGA80 Power to appoint a qualified person to be an authorised person. Section 202(1) Local Government Act 2009 Yes

LGA81 Power to determine the competencies necessary to perform theresponsibilities required to be performed by the authorised person.


LGA82 Power to give written notice of conditions of appointment. Section 202(4) Local Government Act 2009 Yes

LGA83 Power to ask the police commissioner to give the chief executive theinformation about an authorised person specified in section 204B(1)Local Government Act 2009 .

Section 204B(1) Local Government Act 2009

Yes

LGA84 Power to give instructions and act as authorised agent for the localgovernment and sign all documents for the local government in anylegal proceedings.


LGA85 Power to certify a document to be a true copy of an entry in a record ofthe proceedings of a local government or a committee of a localgovernment in accordance with section 249(1) Local Government Act2009.



http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/177 Assessing complaints�



http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/196 Appointing other local government employees�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/198 Concurrent employment of local government employees�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/202 Appointing authorised persons�



http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/204B Chief executive officer may obtain report from police commissioner�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/204B Chief executive officer may obtain report from police commissioner�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/240 Acting for a local government in legal proceedings�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/249 Evidence of proceedings of local government�






LGA86 Power to authorise an employee of a local government to conductsearches or registers or documents about land in the land registry inaccordance with the practice of the registry without payment of a fee.

Section 265A (1) Local Government Act 2009

Yes

Power to enter into an arrangement for a councillor under which – Yes

(a) the councillor agrees to forgo a percentage or amount of theremuneration that the councillor is entitled to as a councillor; and

(b) the local government agrees to contribute the percentage oramount to the superannuation scheme for the councillor.

LGA88 Power to make a submission as a local governing body within themeaning of the Local Government (Financial Assistance) Act to assistthe Local Government Grants Commission to make a decision aboutfunding under the Local Government (Financial Assistance) Act.



http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/265A Land registry searches free of charge�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/265A Land registry searches free of charge�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/228 Allocating Commonwealth funding�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/226 Super scheme for councillors�






LGA89 Power to sign a document on behalf of a local government as adelegate of the local government.


Yes

Power to authorise an employee in any legal proceedings – Yes(a) to give instructions and act as the authorised agent for thelocal government; and(b) sign all documents for the local government.

LGA92 Power to do anything that is necessary or convenient for performing theresponsibilities of the local government under a Local Government Act.


LGA93 Power to apply to the Minister for approval to make a major policy decision during the caretaker period for an election for the local government.

Section 284 and Schedule 2 Local Government Act 2009 – section 441D Local Government Act 1993 – note section 284 and schedule 2 expire on 31 December 2011

Yes





Section 84 Yes

Plumbing and Drainage Act 2002


PDA01 Power to carry out a compliance assessment of plans or work in relationto regulated work or on-site sewerage work by or for a public sectorentity and, if satisfied, issue a compliance permit if it is a plan and acompliance certificate if it is for a work.

LGA90 Power to effect substituted service on an owner of rateable land. Section 239 Local Government Act 2009

PLUMBING AND DRAINAGE ACT 2002

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/236 Who is authorised to sign local government documents�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/262 Powers in support of responsibilities�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/284 Continuation of electoral and related provisions�





http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PlumbDrainA02.pdf�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/240 Acting for a local government in legal proceedings�

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local Government Act 2009/239 Substituted service�







Yes

Yes

Yes

Yes

Yes

Yes

Yes

PDA04 Power to decide not to assess regulated work or on-site sewerage workif an approved person for the assessment gives Council a notice in theapproved form verifying that the work complies with the relevantcompliance permit and the Standard Plumbing and DrainageRegulation 2003 .

Section 86(6) Plumbing and Drainage Act 2002

PDA05 Power to ask the person making a request to assess regulated work oron-site sewerage work to supply a plan of the assessed work.


PDA02 Power to respond to a compliance request for regulated work or on-sitesewerage work, including requesting further information, deciding therequest and imposing reasonable and relevant conditions.

Section 85 Plumbing and Drainage Act 2002

PDA03 Power to assess and decide all requests for compliance assessment forregulated work or on-site sewerage work according to the provisions ofthe Plumbing and Drainage Act 2002 and Standard Plumbing andDrainage Regulation 2003.


PDA08 Power to issue a written notice requiring a former holder of acompliance certificate for testing purposes to remove all or a stated partof a grey water use facility or on-site sewerage facility.

Section 86E Plumbing and Drainage Act 2002

PDA06 Power to ask a person who has completed regulated work or on-sitesewerage work in a remote area to supply a plan of the completed work.

Section 86A(3)(b) Plumbing and Drainage Act 2002

PDA07 Power to replace a compliance certificate with a certificate that hasdifferent conditions for the ongoing operation, maintenance or testing ofa relevant grey water use facility or on-site sewerage facility.

Section 86D Plumbing and Drainage Act 2002




















Yes

Yes

Yes

PDA12 Power to appoint those individuals that have the qualifications andexperience prescribed under the Standard Plumbing and DrainageRegulation 2003 as an inspector for the purposes of the Plumbing andDrainage Act 2002.


Yes

PDA13 Power to issue an inspector’s instrument of appointment with or withoutconditions limiting the inspector’s powers under the Plumbing andDrainage Act 2002 .


Yes

PDA14 Power to issue an identity card to each inspector appointed undersection 107 of the Plumbing and Drainage Act 2002 .


Yes

Yes

Yes

PDA09 Power to amend any compliance certificate for work for testingpurposes if it is necessary or desirable due to changes in a relevantchief executive’s approval.

Section 86G Plumbing and Drainage Act 2002

PDA15 Power to issue show causes notices before a local government gives a person an enforcement notice under section 116(1)(a)(ii) to (iv) or (2) of the Plumbing and Drainage Act2002.

Sections 115 Plumbing and Drainage Act 2002

PDA16 Power to issue an enforcement notice to the owner of premises requiring the owner to do a stated thing.


PDA10 Power to assess minor work prescribed under the Standard Plumbingand Drainage Regulation 2003 as notifiable minor work.


PDA11 Power to administer the Standard Plumbing and Drainage Regulationfor Council’s area, or those areas not under Council’s control that it hasbeen requested to administer by the entity that has control of the area.























Yes

Yes

Yes

Yes

PDA21 Power to authorise a person to dismantle or take away all or part of agrey-water treatment plant.

Section 127A Plumbing and Drainage Act 2002

Yes

PDA22 Power to authorise a person to dismantle or take away all or part of anon-site sewerage facility.


Yes

Yes

Yes

Yes

PDA19 Power to give an enforcement notice to the owner or occupier of thepremises to register a backflow prevention device that is required to beregistered under the Standard Plumbing and Drainage Regulation2003 .

Section 117(2)(b) Plumbing and Drainage Act 2002

PDA20 Power to give an enforcement notice to the owner or occupier of thepremises to have a backflow prevention device inspected, tested and ifnecessary repaired or replaced by a licensee licenced to do the work.

Section 117(2)(c) Plumbing and Drainage Act 2002

PDA17 Power to issue an enforcement notice to a person who has performed plumbing or drainage work or on-site sewerage work requiring the person to do a stated thing.


PDA18 Power to give an enforcement notice to the owner or occupier of thepremises to install a backflow prevention device.

Section 117(2)(a) Plumbing and Drainage Act 2002

PDA25 Power to approve the disposal of effluent from an on-site seweragefacility that has not been installed only for testing purposes.

Section 128P(4) Plumbing and Drainage Act 2002

PDA23 Power to approve the disposal of the contents of a grey water treatmentplant into the infrastructure of the sewerage service provider for thearea in which the plant is located.

Section 128OA Plumbing and Drainage Act 2002

PDA24 Power to approve the disposal of the contents (other than effluent) of anon-site sewerage facility that has not been installed only for testingpurposes.

Section 128P(2) Plumbing and Drainage Act 2002
























Yes

Yes





Yes

Yes

Yes

PDA26 Power to monitor grey water use facilities in Council’s local governmentarea.

Section 143B Plumbing and Drainage Act 2002

PDA27 Power to monitor an on-site sewerage facility installed for testingpurposes in sewered areas in Council’s local government area.

Section 143C Plumbing and Drainage Act 2002

PDR03 Power to accept a certification of a plan for regulated work or on-sitesewerage work from a competent person where the Chief ExecutiveOfficer has decided that part of the work is outside Council’s expertise.

Section 15 Standard Plumbing and Drainage Regulation 2003

PDR01 Power to request a reasonable number of copies of a plan the subject of a compliance request.

Section 14(6) Standard Plumbing and Drainage Regulation 2003

PDR02 Power to request other information that the local government requires in relation to the testing of a proposed grey water use facility.

Section 14B(c)(ii)

PLUMBING AND DRAINAGE REGULATION 2003





http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PlumDrainStR03.pdf�










PDR04 Power to request information or documents to assess regulated work

Section 18 Standard Plumbing and

Yes

Yes

Yes

Yes

Power to determine whether an item (that an inspector is satisfied isunsuitable for a particular use) may:

Yes

(a) not be installed or used; or(b) be approved for installation or use with either a protective coating,lining or wrapping or another plumbing or drainage item.

Yes

Power to require for a supply pipe for a premises: Yes(a) part or all of the supply pipe (premises main) to be built to thestandard of a water main;(b) the premises main to supply directly each separately occupiedpart of the premises;(c) the premises main to supply directly each fire service within thepremises.

PDR07 Power to approve the continued use of a plumbing or drainage item thatis not certified and to require a person to have the item tested at theperson’s cost.


PDR08 Section 32 Standard Plumbing and Drainage Regulation 2003

PDR05 Power to test or commission plumbing or drainage the subject of regulated work carried out in a remote area.


PDR06 Power to accept a notice of compliance under section 86A(3)(a) of theAct from a person other than the person who performed the work.


PDR09 Power to decide that a supply pipe for premises or a premises group can not give an efficient water supply for the premises or premises group.

Section 34(1) Standard Plumbing and Drainage Regulation 2003

PDR10 Section 34(2) Standard Plumbing and Drainage Regulation 2003




















Power to require for a supply pipe for a premises group: Yes(a) part of the supply pipe (premises group main) to be built to thestandard of a water main;(b) each separately occupied part of the premises group to be serveddirectly by a supply pipe connected to the premises group main; and

(c) each separately occupied part of the premises group that is tohave a fire service to be served directly by a fire service connected tothe premises group main.

Yes

Yes

Yes

Yes

PDR16 Power to approve hydraulic powered equipment’s connection to asupply pipe.


Yes

Power to approve a pipe carrying water supplied by the local government or other service provider to be:-

Yes

(a) connected to a water storage tank used to store water obtained from another source or;(b) discharged into a water storage tank used to store water obtained from another source.

PDR11 Section 34(3) Standard Plumbing and Drainage Regulation 2003

PDR12 Power to require the sanitary drainage for premises or a group ofpremises to be of a standard of a sewer forming part of Council’s oranother service provider’s sewerage system.


PDR15 Power to approve air-cooling equipment’s connection to a supply pipe. Section 41 Standard Plumbing and Drainage Regulation 2003


PDR13 Power to implement and maintain a program for the registration,maintenance and testing of testable backflow prevention devices.


PDR14 Power to approve the design and location of a grease arrestor. Section 39 Standard Plumbing and Drainage Regulation 2003




















Yes

Power to issue a notice to the owner of a new building and an oldbuilding, requiring:-

Yes

(a) the owner of the new building to pay the reasonable costs ofchanging the vents of the old building; and(b) the owner of the old building to change the vents.

PDR20 Power to determine the qualifications, skills and experience that anindividual should have to be competent to assess plumbing anddrainage work.


Yes

Yes





PHICPASA01 Power to administer and enforce the Act for Council’s area. Section 9 Public Health (Infection Control for Personal Appearance Services) Act 2003

Yes

YesPHICPASA02 Power to consider all applications for licences, and determine whetherto grant or refuse the application.

Section 33 Public Health (Infection Control for Personal Appearance Services) Act 2003

PDR18 Power to approve a water closet pan, urinal or another fixture below thelevel of the sewer or on-site sewerage facility.



PDR21 Power to perform maintenance work on existing combined sanitarydrains, apportion the reasonable costs between or among the ownersand recover from each owner, the owner’s share of Council’s costs.


PUBLIC HEALTH (INFECTION CONTROL AND PERSONAL APPEARANCE SERVICES) ACT 2003



http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PubHeICPA03.pdf�


















Power to grant an application for a licence only if Council is satisfied— Yes

(a) the applicant is a suitable person to hold a licence; and (b) the premises at which the higher risk personal appearance services are to be provided are suitable for providing the services.

Yes

Yes

Yes

Yes

Yes

Yes

PHICPASA03 Section 34 Public Health (Infection Control for Personal Appearance Services) Act 2003

PHICPASA04 Power to have regard to the matters listed in this section in decidingwhether a person is a suitable person to hold a licence.


PHICPASA07 Power to impose conditions on a licence. Sections 38(2) and 41(1)(c) Public Health (Infection Control for Personal Appearance Services) Act 2003

PHICPASA08 Power to decide the earlier ending date of a licence. Section 40 Public Health (Infection Control for Personal Appearance Services) Act 2003

PHICPASA05 Power to have regard to all the matters listed in this section in decidingwhether the premises at which higher risk personal appearanceservices are to be provided are suitable for providing the services.


PHICPASA06 Power to make inquiries before making a decision regarding sections35 and 36 and, by giving notice to the applicant, require the applicant togive Council, within the reasonable time of at least 40 days stated in thenotice, further information or a document Council reasonably requires todecide the application.


PHICPASA09 Power to consider all applications for renewals of licences, anddetermine whether to grant or refuse the application for renewal.




























Yes

Yes

Yes

Yes

Yes

Yes

Yes

PHICPASA11 Power to consider all applications for amendments to licences, anddetermine whether to grant or refuse the application to amend thelicence.


PHICPASA12 Power to give a notice to the licensee requiring the licensee to giveCouncil, within a reasonable period of at least 40 days stated in thenotice, further information or a document Council reasonably requires todecide an licence amendment application.


PHICPASA10 Power to give a notice to a licensee requiring the licensee to giveCouncil, within a reasonable period of at least 40 days stated in thenotice, further information or a document Council reasonably requires todecide a licence renewal application.


PHICPASA16 Power to issue a ‘show cause notice’. Section 52 Public Health (Infection Control for Personal Appearance Services) Act 2003

PHICPASA13 Power to determine whether to grant or refuse the application to transferthe licence by having regard to whether the transferee is a suitableperson to hold a licence and whether the premises are suitable forproviding higher risk personal appearance services.


PHICPASA14 Power to give a notice to the licensee requiring the licensee to giveCouncil, within a reasonable period of at least 40 days stated in thenotice, further information or a document Council reasonably requires todecide a licence transfer application.


PHICPASA17 Power to determine whether grounds continue to exist for thesuspension or cancellation of a licence after issuing the licensee with a‘show cause’ notice, and if so, determine whether to suspend or cancelthe licence.

Sections 54 and 55 Public Health (Infection Control for Personal Appearance Services) Act 2003



























Power to suspend a licence immediately if Council believes— Yes(a) a ground exists to suspend or cancel the licence; and(b) it is necessary to suspend the licence immediately because there isan immediate and serious risk of infection to the licensee’s clients.

Yes

Yes

Yes

PHICPASA22 Power to, where Council is the first local government and has beennotified by a second local government of their reasonable belief that amobile license holder or operator has breached their licence conditions,take action under the Act.


Yes

PHICPASA23 Power to appoint authorised persons. Section 70 Public Health (Infection Control for Personal Appearance Services) Act 2003

Yes

PHICPASA24 Power to apply conditions to an authorised person’s powers under theAct by giving the person a signed notice.


Yes

PHICPASA25 Power to monitor compliance with the Act by having authorised personsinspect places of business in Council’s areas and recover monitoringcosts from business proprietors.


Yes

PHICPASA19 Power to consider all applications for a replacement licence, anddetermine whether to grant or refuse the application for the replacementlicence.


PHICPASA20 Power to make an agreement with a licensee intending to providehigher risk personal appearance services from mobile premises to allowa lesser period for notification to Council of the licensee’s intentions.

Section 65(3) Public Health (Infection Control for Personal Appearance Services) Act 2003

PHICPASA18 Section 56 Public Health (Infection Control for Personal Appearance Services) Act 2003

PHICPASA21 Power to, where Council is the second local government for a licenceunder the Act, notify the first local government where it is reasonable tobelieve that a mobile licensee or operator has contravened their licence.































Yes

Yes

Yes

PHICPASA29 Power to, upon request, review an original decision and make adetermination according to section 122 of the Act.

Part 7, Division 1 Public Health (Infection Control for Personal Appearance Services) Act 2003

Yes

PHICPASA30 Power to, following the conviction of a person of an offence against thisAct, apply to the court for an order against the person for the paymentof the costs Council has incurred in taking a thing or doing somethingelse during the investigation of the offence.


Yes

Yes

PHICPASA32 Power to commence proceedings against a person who has committedan offence against the Act.


Yes

Yes

PHICPASA27 Power to prosecute a business proprietor or operator for thecontravention of a relevant provision for which a remedial notice hasbeen issued without an authorised person first issuing a remedial noticefor the contravention.


PHICPASA28 Power to, at any time, extend the time for applying for a review ofCouncil’s original decision relating to a licence application.


PHICPASA26 Power to charge a business proprietor an inspection fee to check if theremedial notice given by an authorised person acting for Council to theproprietor has been complied with.


PHICPASA31 Power to deal with a thing forfeited to Council, including destroying thething.


PHICPASA33 Power to approve forms to be used in the administration andenforcement of the Act.































Yes

Yes

Yes





Yes

PHA02 Power to agree with the chief executive to administer or enforce the Actin partnership with the State.

Section 14 Public Health Act 2005 Yes

PHA03 Power to exercise the powers Council has agreed to exercise pursuantto an agreement under section 14(1)(b) of this Act.

Section 14(3) Public Health Act 2005 Yes

PHA04 Power to consult with the chief executive before the chief executivetakes any action under section 15(3) of the Act.


PHICPASA34 Power to, with regard to an application for registration of premises madeunder part 15 of the former regulation, assess the suitability of theapplication and the premises under this Act, and make inquiries andrequire further information or a document under section 37 of the Act.


PHICPASA35 Power to, with regard to an application for renewal of registration ofpremises made under part 15 of the former regulation, assess thesuitability of the applicant and the premises under this Act, and makeinquiries and require further information or a document under section 45of the Act.


PHICPASA36 Power to, with regard to an application for registration or renewal ofregistration of 2 or more premises to which sections 153(2) and 154(2)apply, issue a single licence to cover all the premises.


PHA01 Power to administer and enforce the Act regarding local governmentpublic health risks and a regulation made under section 61 stating thatthe regulation is to be administered and enforced by local governmentsonly.

Section 13 Public Health Act 2005

PUBLIC HEALTH ACT 2005

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PubHealA05.pdf�



















PHA05 Power to consult with the chief executive before the chief executiveissues a notice requiring Council to provide information about itsadministration and enforcement of a matter under chapter 2.


PHA06 Power to consult with the chief executive of a department administeringthe Acts under section 22(1) before the authorised person issues apublic health order under section 22 of this Act.


PHA07 Power, as an issuing authority, to apply to a magistrate for an orderenforcing a public health order (an enforcement order).


Yes

Yes

PHA10 Power to lodge a request to register with the registrar of titles, in theappropriate form over the land, an unpaid amount, including interest,that is payable to Council under an enforcement order relating to apublic health risk on land owned by a person as a charge on the land.


Section 36(5) YesPublic Health Act 2005

PHA12 Power to agree to the chief executive authorising Council to undertake aprevention and control program.


PHA13 Power, as a water service provider[1], to inform the authorised personthat Council believes that it has complied with an improvement noticeissued under this division.

Section 57B Public Health Act 2005 Yes

PHA08 Power, as an issuing authority, to enter a place to take steps to removeor reduce the risk to public health from the public health risk or preventthe risk to public health from recurring, if ordered by a magistrate.

Section 27(2)(b) Public Health Act 2005

PHA09 Power, as an issuing authority, to recover the amount, plus interest, aperson has been ordered to pay under an enforcement order as anoverdue rate payable to Council under the Local Government Act 2009 .


PHA11 Power to consult with the chief executive before the chief executiveauthorises a prevention and control program which relates to Council’slocal government area.













PHA14 Power to enter into an agreement with the chief executive for thedisclosure of confidential information.

Sections 84(1)(b)(i) and (2)(a), 226(1)(b)(i) and (2)(a), 244(1)(b)(i) and (2)(a), and 269(1)(b)(i) and (2)(a) Public Health Act 2005

Yes

PHA15 Power to agree to the appointment of a Council employee as a contacttracing officer.


PHA16 Power to agree to the appointment of a Council employee as anemergency officer (general).


PHA17 Power to appoint an authorised person for the purposes of the Public Health Act 2005.

Sections 377 and 378 Public Health Act 2005

Yes

PHA18 Power to agree with the chief executive officer of another Council toappoint a Council employee as an authorised person for the otherCouncil.

Section 377(2)(b) Public Health Act 2005 Yes

PHA19 Power to issue an identity card to each authorised person. Section 380 Public Health Act 2005 Yes

Yes

Yes

PHA22 Power, as an issuing authority, to recover the amount payable, includinginterest, of the reasonable costs and expenses incurred by Council inexercising powers under section 388 or 405 as an overdue rate payableto Council under the Local Government Act 2009 .


PHA23 Power, as an issuing authority, to lodge with the registrar of titles, in theappropriate form over the land, a request to register an unpaid amount,including interest, that is payable to Council for steps taken by it onland owned by a person as a charge on the land.


PHA21 Power, as an issuing authority, to give the occupier and owner of aplace a notice required under the section, where an authorised personintends to enter the place to take steps required under a public healthorder.

Section 393(2) Public Health Act 2005

PHA20 Power, as an issuing authority, to enter the place, at reasonable times,to take the steps stated in a public health order where the person hasfailed to comply the order.

Section 388(2) Public Health Act 2005




















PHA24 Power, as an owner of a thing seized by an authorised person, toinspect the thing and, it if is a document, to copy it.


PHA25 Power to approve a systematic or selective inspection program. Section 427 Public Health Act 2005 Yes

PHA26 Power to publish notice of an approved inspection program. Section 428 Public Health Act 2005 Yes

PHA27 Power to charge a fee to a person requesting a copy of an approvedinspection program.


PHA28 Power to provide a certificate regarding section 443 proceedings statingthe costs incurred by Council and the way in which, and purpose forwhich, the costs were incurred.


PHA29 Power to apply to the court for an order against a person convicted ofan offence against the Act for the payment of the costs Council hasincurred in taking a thing or doing something else during theinvestigation of the offence.

Section 443(1)(b) Public Health Act 2005 Yes

Yes

PHA31 Power, as an owner of a thing forfeited to a relevant entity under section413(1), to appeal against a decision resulting in the forfeiture of thething.


PHA32Power to approve forms for use by Council under the Public Health Act2005 .


PHA30 Power to deal with a thing forfeited as Council considers appropriate,including destroying the thing.

















Power to administer and enforce Part 1A, Divisions 1, 2 and 3. Yes

(Asbestos fibres)

Yes





Yes

PIDA02 Power to receive a public interest disclosure by a public officer wherethe local government is a proper authority for the purposes of section 15of the Public Interest Disclosure Act.

Section 13 Public Interest Disclosure Act 2010

Yes

PIDA03 Power to receive a public interest disclosure where the localgovernment is a proper authority for the purposes of section 15 of thePublic Interest Disclosure Act.

Section 17(3)(a) Public Interest Disclosure Act 2010

Yes

PIDA01 Power to receive a public interest disclosure by any person where thelocal government is a proper authority for the purposes of section 15 ofthe Public Interest Disclosure Act.

Section 12 Public Interest Disclosure Act 2010

Section 2I(2)(c) Public Health Regulation 2005

PHR02 Power to approve a site for the disposal of asbestos waste.

PHR01 Sections 2C, 2M, and 2T Public Health Regulation 2005

PUBLIC HEALTH REGULATION 2005

PUBLIC INTEREST DISCLOSURE ACT 2010

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PubIntDisA10.pdf�






http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PubHealR05.pdf�











PIDA04 Power to establish reasonable procedures to ensure that: Yes(a) public officers making public interest disclosures receiveappropriate support;(b) public interest disclosures are appropriately assessed,investigated and dealt with and appropriate action is taken;(c) appropriate action is taken about any wrongdoing disclosed;

(d) a compliant management program standard is developed; and

(e) public officers are offered protection from reprisal from other publicofficers in the local government.

PIDA05 Power to ensure that a proper record is kept about disclosures receivedby the public sector entity.

Section 29(1) and (2) Public Interest Disclosure Act 2010

Yes

Power to: Yes(a) decide not to investigate or deal with a public interest disclosure incertain circumstances; and(b) give written reasons for a decision not to investigate.

PIDA07 Power to review a decision not to investigate upon request from theperson receiving written reasons for the decision.

Section 30(3) Public Interest Disclosure Act 2010

Yes

PIDA08

Yes

PIDA09 Power to give a person making a disclosure, or an entity referring adisclosure, reasonable information about the disclosure.


Yes

Power to refer a disclosure to another public sector entity in certaincircumstances.


PIDA06 Section 30(1) and (2) Public Interest Disclosure Act 2010

Section 28 (a) to (e) Public Interest Disclosure Act 2010



















PSEA01 Power to place anything in a code of conduct that is considered to benecessary or useful for achieving the purpose of a code of conduct.

Section 14 Public Sector Ethics Act 1994 Yes

PSEA02 Power to ensure that a code of conduct is prepared for Council’semployees and officers, including conduct consultation in accordancewith the Public Sector Ethics Act 1994

Section 15 & 16 Public Sector Ethics Act 1994

Yes

PSEA03 Power to approve a code of conduct prepared under section 15. Section 17(1) Public Sector Ethics Act 1994

Yes

PSEA04 Power to provide a written statement concerning the consultationconducted prior to the code of conduct being approved.

Section 17(2) Public Sector Ethics Act 1994

Yes

PSEA05 Power to ensure that each employee and officer of Council hasreasonable access to a copy of the approved code of conduct that isrelevant to them


PSEA06 Power to publish and keep the approved codes of conduct available forinspection and enable people to take a copy if and when required.


PSEA07 Power to ensure that each employee and officer of Council is providedwith appropriate training and education about public sector ethics.


PSEA08 Power to ensure that the administrative procedures and managementpractices of Council have proper regard to the Public Sector Ethics Act1994 and Council’s approved codes of conduct.


PSEA09 Power to ensure that each Council annual report includes the requireddetails of action taken during the reporting period to comply withprovisions of the Public Sector Ethics Act 1994


PUBLIC SECTOR ETHICS ACT 1994

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PublicSecEthA94.pdf�



















QRAA01 Power to request the Minister to declare a project for proposeddevelopment to be a declared project.

Section 42(5) Queensland Reconstruction Authority Act 2011

Yes

QRAA02 Power to agree about the declaration of acquisition land. Section 43(7) Queensland Reconstruction Authority Act 2011

Yes

QRAA03 Power to request the Minister to declare a part of the State to be areconstruction area and/or acquisition land.


Yes

QRAA04 Power to give the authority a written recommendation to impose acondition for infrastructure to which the Sustainable Planning Act , chapter 8, part 1, applies.


Yes

QRAA05 Power to request the Minister to direct the local government to takeparticular action about a local planning instrument.


Yes

QRAA06 Power to make submissions to the Minister about a proposal to directthe local government to take particular action about a local planninginstrument.


Yes





YesRSAA01 Power, on application by a person conducting, or proposing to conduct,a residential service in premises, to assess and determine whether abuilding complies with the prescribed building requirements.

Section 29(1) and (3) Residential Services (Accreditation) Act 2002

RESIDENTIAL SERVICES (ACCREDIATION ACT) 2002

QUEENSLAND RECONSTRUCTION AUTHORITY ACT 2011

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/Q/QldReconAA11.pdf�












http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/R/ResidSAccreA02.pdf�









Yes

Yes

Yes





Yes

Yes

Yes

RSAA04 Power to issue a notice stating the extent to which the premises complywith the prescribed building requirements.

Section 189(3)(a) Residential Services (Accreditation) Act 2002

RTI01 Power to disclose information under a publication scheme, withoutlimiting another way Council may disclose information.

Section 22 Right to Information Act 2009

RSAA02 Power, where a building complies with the prescribed buildingrequirements, to issue a building compliance notice.

Section 29(1) and Schedule 2 Residential Services (Accreditation) Act 2002

RSAA03 Power to approve the form to be used for an application under section29(1) Residential Services (Accreditation) Act 2002 .

Section 29(2)(a) Residential Services (Accreditation) Act 2002

RTI02 Power to give access to a document created after the application isreceived but before notice is given under section 54.

Section 27(2) Right to Information Act 2009

RTI03 Power to search for a document from a backup system if Councilconsiders the search appropriate.


RIGHT TO INFORMATION ACT 2009



http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/R/RightInfoA09.pdf�













RTI04 Power to deal with an access application . Section 30(1) Right to Information Act 2009 Yes

RTI05 Power to appoint an appropriately qualified healthcare professional tomake a healthcare decision in relation to an access application.

Section 30(5)(b) Right to Information Act 2009

Yes

Power to: Yes(1) ask the applicant for a further specified period to consider theapplication;(2) make additional requests for further specified periods undersubsection (1); and(3) continue to consider the application and make a considereddecision in relation to it only if—(a) Council has asked the applicant for a further specified periodunder subsection (1); and(b) the applicant has not refused the request; and(c) Council has not received notice that the applicant has applied forreview under this Act.

Yes

Power to give access to a document that contains information thedisclosure of which may reasonably be expected to be of concern to agovernment, agency or person (the relevant third party) only if Councilhas taken steps that are reasonably practicable—

Yes

(a) to obtain the views of the relevant third party about whether—

(i) the document is a document to which this Act doesnot apply; or (ii) the information is exempt information or contrary topublic interest information; and(b) to inform the relevant third party that if access is given to thedocument because of an access application, access may also be givento the document under a disclosure log.

RTI06 Section 35 Right to Information Act 2009

RTI07 Power to make an agreement with the applicant to extend theprescribed period.

Section 36(7), “prescribed period” Right to Information Act 2009

RTI08 Section 37 (1) Right to Information Act 2009














Power to decide that: Yes(a) a document to which section 37(1) applies is a document to whichthe Act does not apply; or(b) information in a document referred to in (a) is not exemptinformation or contrary to public interest information

Power to transfer the application to another agency if— Yes(a) the document to which the application relates is not in Council’spossession but is, to Council’s knowledge, in the other agency’spossession; and(b) the other agency consents to the transfer.

Yes

Power to refuse to deal with the access application without havingidentified any or all of the documents if—

Yes

(a) an access application is expressed to relate to all documents, or toall documents of a stated class, that contain information of a stated kindor relate to a stated subject matter; and

(b) it appears to Council that all of the documents to which theapplication relates are comprised of exempt information.

Yes

Yes

RTI10 Section 38(2) Right to Information Act 2009

RTI11 Power to deal with an access application even if this Act provides thatthe Council may refuse to deal with the application.


RTI09 Section 37(3)(b) ) Right to Information Act 2009

RTI14 Power to make an agreement with an applicant to extend the prescribedconsultation period.

Section 42(6)(b) Right to Information Act 2009

RTI12 Section 40 Right to Information Act 2009

RTI13 Power to refuse to deal with an access application or, if Council isconsidering 2 or more access applications by the applicant, all theapplications, if Council considers the work involved in dealing with theapplication or all the applications would, if carried out, substantially andunreasonably divert the resources of the Council from their use byCouncil in the performance of its functions, provided that the conditionsset out in section 42(1) have been complied with.















Power to refuse to deal with the later application to the extent it is foraccess to a document or documents sought under the first applicationif—

Yes

(a) when the later application was made, Council had not decided thefirst application; or (b) in relation to the first application, if made under this Act— (i) the applicant had been given notice under section54 that access was to be given to the document sought or to some or allof the documents sought; or (ii) Council had decided that the application was for adocument to which this Act does not apply; or (iii) Council had decided the document or documentssought were documents access to which was refused under section 47;or (iv) Council had refused to deal with it under this part; or

(c) in relation to the first application, if made under the InformationPrivacy Act— (i) the applicant had been given notice under section68 of that Act that access was to be given to the document sought or tosome or all the documents sought; or (ii) Council had decided that the application was for adocument to which chapter 3 of that Act does not apply; or (iii) Council had decided t the document or documentssought were documents access to which was refused under section 67of that Act; or (iv) Council had refused to deal with it under chapter 3,part 4 of that Act; or(d) Council’s decision on the first application— (i) is the subject of a review and the review is notcomplete; or (ii) has been the subject of a completed review (otherthan an internal review).

Yes

Yes

Yes


RTI18 Power to give access to all or part of a document despite Council’spower under section 47(3)(a) to refuse access to all or part of thedocument.


RTI16 Power to refuse access to a document of the Council. Section 47(3) Right to Information Act 2009

RTI17 Power to decide whether disclosure of a document would, on balance,be contrary to the public interest

Sections 48(1), 49(1), 50(1), and 51(1) Right to Information Act 2009











Yes

Yes

Yes

Power to satisfy itself in dealing an application for access to a documentthat is nonexistent or unlocatable, that—

Yes

(a) the document does not exist; or(b) the document has been or should be in Council’s possession, andall reasonable steps have been taken to find the document but thedocument cannot be found.

Yes

Yes

Yes

Yes

Yes

RTI19 Power to give access to all or part of a document despite Council’spower under section 47(3)(b) to refuse access to all or part of thedocument.



RTI23 Power to give a prescribed written notice, with regards to an accessapplication for a document containing prescribed information, that doesnot include details mentioned in section 191(a) or (b), and in a scheduleof relevant documents.

Section 55 (2) and (3) Right to Information Act 2009

RTI20 Power to give access to all or part of a document despite Council’spower under section 47(3)(c) to refuse access to all or part of thedocument.


RTI21 Power to give access to all or part of a document despite Council’spower under section 47(3)(d) to refuse access to all or part of thedocument.


RTI26 Power to refuse to give access to documents in a form requested by theapplicant and give access in another form in the circumstancesspecified in section 68(4).


RTI27 Power to give access to a document in another form agreed to by theapplicant


RTI24 Power to waive a processing charge, or access charge, for an accessapplication if Council considers that the likely associated costs toCouncil would be more than the likely amount of the charge.


RTI25 Power to give access to a document in one or more of the prescribedforms in section 68(1).

















Yes

Power to defer giving access to a document for a reasonable period ifthe document was prepared—

Yes

(a) for presentation to the Assembly or a committee of the Assembly;or(b) for release to the media; or(c) solely for inclusion, in the same or an amended form, in adocument to be prepared for a purpose mentioned in paragraph (a) or(b);and the document is yet to be presented or released, or included in adocument to be presented or released, as the case may be.

Yes

Yes

Yes

Yes

Yes

RTI30 Power to delete irrelevant information from a copy of a document andgive access to the document by giving access to a copy of thedocument with the irrelevant information deleted, only if Councilconsiders the applicant would accept the copy and it is reasonablypracticable to give access to the copy.


RTI31 Power, subject to section 55, to give access to a document containingexempt information if it is practicable to give access to a copy of thedocument from which the exempt information has been deleted and itappears to Council that the applicant would wish to be given access tothe copy.


RTI28 Power to allow an additional period during which a person may access adocument.



RTI34 Power to consult, or make an agreement, with the information giver or aperson other than the applicant if a summary of information undersection 76(2) includes information given by the information giver or theother person.


RTI32 Power, subject to section 55, to give access to a document containingcontrary to public interest information if it is practicable to give access toa copy of the document from which the contrary to public interestinformation has been deleted and it appears to Council that theapplicant would wish to be given access to the copy.


RTI33 Power to consider, despite Council refusing access to a document tothe extent that it comprises personal information of the applicant,whether it is consistent with the primary object of the Act to give theapplicant or an intermediary a summary of the personal information onconditions of use or disclosure agreed between Council and theintermediary, or between Council, the intermediary and the applicantspecified in section 76(2).














RTI35 Power, despite Council refusing access to the document under section47(3)(d), to direct that access to a document is to be given instead to anappropriately qualified healthcare professional nominated by theapplicant and approved by Council.

Section 77(2) Right to Information Act 2009 Yes

Power to— Yes(a) include a copy of a document, or details identifying the documentand information about how the document may be accessed, in adisclosure log if that document that does not contain personalinformation of the applicant and is accessed by the applicant within theaccess period; or (b) include details identifying the document and information about howthe document may be accessed and any applicable charge if theapplicant has failed to access the document within the access period.

Yes

Yes

Yes

Yes

Yes

Yes

RTI36 Section 78(1) and (5) Right to Information Act 2009


RTI40 Power, as a participant in an external review, to make a request to theinformation commissioner to refer a question of law arising on anexternal review to the Queensland Civil and Administrative Tribunal.

Section 118 (1) Right to Information Act 2009

RTI37 Power to apply to the information commissioner to participate in anexternal review if Council is affected by the decision the subject of theexternal review.


RTI38 Power to apply to the information commissioner to allow Council furthertime to deal with the access application which has become the subjectof an application for an external review concerning a deemed decisionin relation to an access application.


RTI41 Power, as a participant in an external review, to appeal to the appealtribunal against a decision of the information commissioner on theexternal review.


RTI42 Power to make an application to the information commissioner toextend the 10 year period during which disclosure of certain informationcannot be made.

Schedule 4, Part 4, section1(3) Right to Information Act 2009

RTI39 Power, as a participant in an external review, to apply to the informationcommissioner to correct an error in a written decision of thecommissioner.



















Yes

Yes

Yes

Yes

Power, as administering authority, to Yes(a) commence proceedings against an applicant for an offence;or(b) accept payment of the fine in full; or(c) issue a fresh infringement notice where the registrar has cancelled an enforcement notice and referredthe matter back to Council.

SPEA06 Power to delegate Council’s powers as administering authority underthe State Penalties Enforcement Act to an appropriately qualifiedperson.

Section 160 State Penalties Enforcement Act 1999

Yes

Yes

SPEA01 Power, as administering authority, to approve (or refuse where theconditions in this section have not been complied with) an applicationfor payment of a fine by instalments.

Section 23 State Penalties Enforcement Act 1999

SPEA04 Power, as administering authority, to give the State PenaltiesEnforcement Registry a default certificate for registration in respect ofany recipient of an infringement notice who has not taken action withinthe time period provided by the infringement notice.

Section 33(1) State Penalties Enforcement Act 1999

SPEA05 Section 57(5) State Penalties Enforcement Act 1999

SPEA02 Power, as administering authority, to submit particulars required forregistration of approval of instalment payments with the State PenaltiesEnforcement Registry.

Section 24(1) State Penalties Enforcement Act 1999

SPEA03 Power, as administering authority, to withdraw an infringement notice. Section 28(1) State Penalties Enforcement Act 1999

SPEA07 Power to approve forms for use as infringement notices. Section 162 State Penalties Enforcement Act 1999

STATE PENALTIES ENFORCEMENT ACT 1999

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/StatePenEnfA99.pdf�





















Yes





Yes

SOA02 Power to recover from the owner of a place, as a debt, any damages,including costs, paid by Council under section 32(2), if the breach ofduty by the owner that caused the injury to ,or death of, a local graffitiremoval officer amounts to gross negligence.

Section 32(3) Summary Offences Act 2005 Yes

Yes

SOA04 Power to appoint a graffiti removal officer Section 37 Summary Offences Act 2005 Yes

SOA01 Power to authorise a person to busk in a public place. Section 8(2)(b) Summary Offences Act 2005

SOA03 Power to make an agreement with the owner of a place in relation to thefee payable by Council to the owner for the removal of public graffiti bythe owner.

Section 33(2) Summary Offences Act 2005

SA01 Power to destroy stray diseased stock found on any road or land underCouncil control.

Section 19 Stock Act 1915

STOCK ACT 1915

SUMMARY OFFENCES ACT 2005

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SumOffA05.pdf�





http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/StockA15.pdf�

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/StockA15.pdf�








Yes

SOR02 Power, as entity having a legitimate interest in the area, to consult with a government entity for the purposes of reviewing the number andlocation of prescribed areas of motorbike control land.

Section 14(3) Summary Offences Regulation 2006

Yes





SMIA01 Power, as an owner or occupier of land, to consent to a surveyorplacing a permanent survey mark on the land.

Section 21(2) Survey and Mapping Infrastructure Act 2003

Yes

Yes

Yes

Yes

SMIA03 Power, where the survey mark is on a road under the control of Council,to maintain the integrity of survey markers, and provide updatedinformation to the survey control register.

Section 39 Survey and Mapping Infrastructure Act 2003

SMIA04 Power, as a public authority, where the survey mark is on land, otherthan roads, controlled by Council, to maintain the integrity of surveymarkers, and provide updated information to the survey control register.


SOR01 Power to consult with an entity that intends to make an application foran area of public land to be prescribed as motorbike control land aboutthe proposal.

Section 10(1)(a) Summary Offences Regulation 2006

SMIA02 Power, as a public authority that placed, or requested to be placed, asurvey mark, to give to the chief executive a copy of a survey plan orother information necessary to establish a survey mark as a recognisedpermanent survey mark.


SURVEY AND MAPPING INFRASTRUCTURE ACT 2003

SUMMARY OFFENCES REGULATION 2006

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SumOffR06.pdf�


http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SurvMapInfA03.pdf�

















Yes

Yes





SPA01 Power to accept or refuse a request made under section 95, includingextending the request period by 10 days.

Section 96 Sustainable Planning Act 2009 Yes

SPA02 Power to issue a written notice of Council’s decision under section 96. Section 97 Sustainable Planning Act 2009 Yes

SPA03 Power to decide an application for extension of time made undersection 98(2), and provide written notice of that decision.

Section 98(2) and (4) Sustainable Planning Act 2009

Yes

SPA04 Power to publish in a local newspaper and government gazette notice ofa repealed temporary planning scheme.

Section 123(3) Sustainable Planning Act 2009

Yes

SPA05 Power to publish in a local newspaper and government gazette notice ofa repealed planning scheme policy.


Yes

SPA06 Power to make submissions to the Minister about the proposed exercise of the State’s power, after being given written notice under section 125.

Section 125(3)(b) Sustainable Planning Act 2009

Yes

SPA07 Power to note each master planned area on its planning scheme. Section 135 Sustainable Planning Act 2009 Yes

SPA08 Power to enter an agreement with owners or occupiers of land in adeclared master planned area to fund the preparation of a structureplan.


Power, as a public authority, where a person interferes with arecognised permanent survey mark, to take action reasonablynecessary to reinstate the physical and survey integrity of a recognisedpermanent survey marker.


SMIA06 Power, as a public authority, to provide the chief executive withinformation about the boundaries of an administrative area.

SUSTAINABLE PLANNING ACT 2009


SMIA05

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/96 Decision on request�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/97 Notice of decision�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/98 When development under superseded planning scheme must start�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/98 When development under superseded planning scheme must start�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/123 Repealing temporary local planning instruments�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/123 Repealing temporary local planning instruments�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/124 Repealing planning scheme policies�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/124 Repealing planning scheme policies�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/125 Procedures before exercising particular power�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/125 Procedures before exercising particular power�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/135 Notation of master planned areas on planning scheme�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/143 Agreement to fund structure plan�



http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SustPlanA09.pdf�








SPA09 Power to form the opinion that: Section 144 Sustainable Planning Act 2009 Yes

(a) the land, or the owner or occupier of the land, has or will speciallybenefit from the marking of the structure plan; or

(b) the owner or occupier of the land, or the use made or to be made ofthe land, has specially contributed, or will specially contribute, to theneed for the making of the structure plan.

SPA10 Power to accept and process an application for a proposed master planunder Chapter 4, Part 3, Division 3 of the Act. For avoidance of doubt,the power delegated includes (without limitation) the power to take allactions of the local government as detailed in sections 160, 161, 189,192 and 197.

Yes

SPA11 Power to accept and process an application for a proposed master planunder Chapter 4, Part 3, Division 3 of the Act. For avoidance of doubt,the power delegated includes (without limitation) the power to take allactions of the local government as detailed in sections 160, 161, 162,163(4), 169, 171, 172, 179, 180, 181, 183, 184, 185, 189, 191, 192, 195and 197.

Sections 160, 161, 162, 163(4), 169, 171, 172, 179, 180, 181, 183, 184, 185, 189, 191, 192, 195 and 197 Sustainable Planning Act 2009

Yes

SPA12 Power to enter an agreement with an applicant in relation to theobligations or to secure the performance of those obligations under aproposed master plan.


SPA13 Power to accept a non-complying application to amend a master plan. Section 198 Sustainable Planning Act 2009 Yes

SPA14 Power to cancel a master plan. Section 199 Sustainable Planning Act 2009 Yes

SPA15 The power to form the opinion, prior to land being designated for thecommunity infrastructure, that the community infrastructure will:


(a) facilitate the implementation of legislation and policies aboutenvironmental protection or ecological sustainability

(b) facilitate efficient allocation of resources;

(c) satisfy statutory requirements or budgetary communities of State &local government for the supply of community infrastructure

(d) satisfy the community's expectations for the efficient and timelysupply of infrastructure.

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/160 Requirements for application�




http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/193 Agreements about master plan�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/198 Application to amend master plan�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/199 Cancellation of master plan by local government�






SPA16 Power to facilitate the designation of land for community infrastructureunder Chapter 5 of the Act. For avoidance of doubt, the powerdelegated includes (without limitation) the power to take all actions asdetailed in sections 206, 212, 213, 216 and 227.

Sections 206, 212, 213, 216 and 227 Sustainable Planning Act 2009

Yes

SPA17 Power to facilitate the designation of land for community infrastructureunder Chapter 5 of the Act. For avoidance of doubt, the powerdelegated includes (without limitation) the power to take all actions asdetailed in sections 223, 224, 225 and 226.

Sections 206, 212, 213, 216, 223, 224, 225, 226 and, 227 Sustainable Planning Act 2009

Yes

SPA18 Power to make a submission to the Minister in relation to a Ministerialdesignation of land.


SPA19 Power to enter a Ministerial designation of land in its planning scheme. Section 211 Sustainable Planning Act 2009 Yes

SPA20 Power to facilitate the repeal of a designation made by Council. For theavoidance of doubt, the power delegated includes (without limitation)the power to take all actions as detailed in sections 218, 219 and 221.

Sections 218, 219 and 221 Sustainable Planning Act 2009

Yes

SPA21 Power to act as the “assessment manager” for all applications receivedby Council under Chapter 6 of the Sustainable Planning Act 2009 . Foravoidance of doubt, the power delegated includes (without limitation)the power to take all actions of an assessment manager as detailed insections 259, 260, 262, 286, 305, 310, 325, 328, 339, 364, 417,418, 419, 428 and 433 of the Sustainable Planning Act 2009 .

Sections 259, 260, 262, 286, 305, 310, 325, 328, 339, 364, 417, 418, 419, 428 and 433 Sustainable Planning Act 2009

Yes

SPA22 Power to act as the “assessment manager” for all applications receivedby Council under Chapter 6 of the Sustainable Planning Act 2009 . Foravoidance of doubt, the power delegated includes (without limitation)the power to take all actions of an assessment manager as detailed insections 256, 259, 260, 262, 266, 267, 268, 272, 274, 276, 277, 279,280, 286, 297, 302, 303, 304, 305, 309, 310, 313, 314, 315, 316, 317,318, 324, 325, 326, 327, 328, 329, 331, 334, 335, 337, 339, 341, 343,348, 350, 351, 352, 354, 355, 356, 357, 362, 363, 364, 367, 368, 371,373, 374, 375, 376, 378, 381, 383, 386, 387, 388, 389, 398, 417, 418,419, 428, 433, 434, 488, 728, 750, 802, and 807 of the Sustainable Planning Act 2009 .

Sections 256, 259, 260, 262, 266, 267, 268, 272, 274, 276, 277, 279, 280, 286, 297, 302, 303, 304, 305, 309, 310, 313, 314, 315, 316, 317, 318, 324, 325, 326, 327, 328, 329, 331, 334, 335, 337, 339, 341, 343, 348, 350, 351, 352, 354, 355, 356, 357, 362, 363, 364, 367, 368, 371, 373, 374, 375, 376, 378, 381, 383, 386, 387, 388, 389, 398, 417, 418, 419, 428, 433, 434, 488,728, 750, 802 and 807 Sustainable Planning Act 2009

Yes

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/206 How designations must be shown in planning schemes�





http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/207 Matters the Minister must consider before designating land�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/211 When local government must include designation in planning scheme�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/218 Notice of repeal�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/218 Notice of repeal�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/256 Assessment manager or concurrence agency may seek advice or comment about application�



















SPA23 Power to act as a “referral agency”, “concurrence agency” or “adviceagency” for all applications referred to Council under Chapter 6, Part 3of the Sustainable Planning Act 2009 . For avoidance of doubt, thepower delegated includes (without limitation) the power to take allactions of a “referral agency” or a “concurrence agency” or an “adviceagency” as detailed in sections 271, 276, 277, 279, 281, 282, 284, 285,287, 288, 290, 291, 292, 348, 357, 367, 368, 371, 373, 374, 375, 376,378, 385, 420, 434, 456, 488, 537, 802, of the Sustainable Planning Act2009 .

Sections 271, 276, 277, 279, 281, 282, 284, 285, 287, 288, 290, 291, 292, 348, 357,367, 368, 371, 373, 374, 375, 376, 378, 385, 420, 434, 456, 488, 537 and 802 Sustainable Planning Act 2009

Yes

SPA24 Power to consult with the Minister in relation to a deemed approval. Section 332 Sustainable Planning Act 2009 Yes

SPA25 Power to note an approval on its planning scheme and give notice ofthat approval to the chief executive of the department.


SPA26 Power to carry out compliance assessment. Section 399 Sustainable Planning Act 2009 Yes

SPA27 Power to assess and report on aspects of the development requiringcompliance assessment.


SPA28 Power as a compliance assessor to decide a request, give an actionnotice, give a permit with conditions (if any), give a certificate withconditions (if any).

Sections 405 and 407 Sustainable Planning Act 2009

Yes

SPA29 Power, as compliance assessor, to respond to a request to withdraw orchange an action notice.


SPA30 Power, as compliance assessor, to respond to an application to changea permit or certificate.


SPA31 Power to bring declaratory and other proceedings in the Planning andEnvironment Court.


http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/271 Referral agency responses before application is made�





http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/332 Standard conditions for deemed approvals�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/391 Particular approvals to be recorded on planning scheme�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/399 Who may carry out compliance assessment�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/402 Aspects of development requiring compliance assessment to be referred to local government�



http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/412 Changing and withdrawing action notice�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/413 Changing compliance permit or compliance certificate�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/456 Court may make declarations and orders�






SPA32 The power to, if Council is an applicant for a development application,appeal to the Planning and Environment Court against any of thefollowing:

Section 461 (1) Sustainable Planning Act 2009

Yes

(a) the refusal, or the refusal in part, of the development application;

(b) any condition of a development approval, another matter stated in adevelopment approval and the identification or inclusion of a code underSection 242 of the Act.

(c) the decision to give a preliminary approval when a developmentpermit was applied for;

(d) the length of a period mentioned in Section 341 of the Act;

(e) a deemed refusal of the development application.

SPA33 The power to, if Council is a submitter for a development application,appeal to the Planning and Environment Court only against:

Section 462 (1) Sustainable Planning Act, 2009

Yes

(a) the part of the approval relating to the assessment manager'sdecision about any part of the application requiring impact assessmentunder Section 314 of the Act; or

(b) the part of the approval relating to the assessment manager'sdecision under Section 327 of the Act.

SPA34 The power to, if Council is a submitter of a properly made submissionfor a development application to which Chapter 9, Part 7 of the Actapplies, appeal to the Planning and Environment Court about a referralagency's response made by a prescribed concurrence agency for theapplication.


Yes

SPA35 (d) the length of a period mentioned in section 341of the Act; Section 464 Sustainable Planning Act 2009 Yes

SPA36 (e) a deemed refusal of the development application. Section 465 Sustainable Planning Act 2009 Yes

SPA37 Power, as a responsible entity, to appeal against a decision on arequest to make a permissible change to an approval.


SPA38 Power to , if Council is given a decision to change or cancel a conditionof a development approval it holds, appeal to the Planning andEnvironment court against the decision in the notice.


Yes

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/464 Appeals by advice agency submitters�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/465 Appeals about decisions relating to extensions for approvals�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/466 Appeals about decisions relating to permissible changes�






SPA39 Power to, if Council is given an enforcement notice, decide to appeal tothe Planning and Environment Court against the giving of the notice.


Yes

SPA40 The power to, if Council is dissatisfied with a designator's decision torefuse a request made by Council under section 222 of the Act, appealto the Planning and Environment Court:

Section 477 (1) Sustainable Planning Act 2009

Yes

(a) the decision; or

(b) a deemed refusal of the request

SPA41 Power to appeal to the Court against a building and developmentcommittee decision.


SPA42 Power, as assessment manager, to apply to the court to withdraw froman appeal, if the appeal is only about a concurrence agency’s response.


Yes

SPA43 Power, as an assessment manager, concurrence agency or referralagency for the development application, to elect to become a co-respondent in an appeal.


Yes

SPA44 Power, as a second entity under section 484, to elect to be a co-respondent.


SPA45 Power to elect to be a co-respondent to an appeal. Section 488 Sustainable Planning Act Yes

SPA46 Power, as a party to a proceeding, to appeal a decision to the Court ofAppeal.


SPA47 Power, as an assessment manager, to bring a proceeding before thebuilding and development committee.


SPA48 The power to, if Council is an applicant for a development applicationfor a material change of use of premises that involves the use of aprescribed building, bring a proceeding before a Building andDevelopment committee for a declaration about a matter stated in anacknowledgement notice.


Yes

SPA49 Power, as a compliance assessor, to bring a proceeding before thebuilding and development committee.


http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/479 Appeals from building and development committees�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/485 Respondent and co-respondents for appeals under div 8�





http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/498 Who may appeal to Court of Appeal�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/510 Declaration about whether development application is properly made�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/512 Declaration about lapsing of request for compliance assessment�






SPA50 Power, as a responsible entity, to bring a proceeding before the buildingand development committee.


SPA51 Power, as applicant in a proceeding before the building anddevelopment committee, to request the proceedings to be fast tracked.


Yes

SPA52 The power to, if Council is an applicant for a development applicationfor a material change of use of premises that involves the use of aprescribed building, appeal to the Building and Development committeeagainst any of the following:


Yes

(a) the refusal, or the refusal in part, of the application;

(b) any condition of the development approval and any other matter,other than the identification of inclusion of a code under Section 242 ofthe Act, stated in the development approval;


(d) the length of a period mentioned in Section 341 of the Act;

(e) a deemed refusal of the application

SPA53 Power, as a concurrence agency served with a notice under section389, to appeal a decision to the building and development committee.


Yes

SPA54 Power, as an entity given a notice under section 373, to appeal adecision to the building and development committee.

Sections 521 and 530 Sustainable Planning Act 2009.

Yes

SPA55 The power to, if Council is an applicant for a development applicationdescribed in Section 522(1) of the Act, appeal to a Building andDevelopment Committee against a condition of the developmentapproval.


Yes

SPA56 The power to, if Council is given an action notice about a request forcompliance assessment of development, a document or work, appeal toa Building and Development Committee against the decision in thenotice.


Yes

SPA57 The power to, if Council is given a compliance permit or compliancecertificate subject to any conditions, appeal to a Building andDevelopment Committee against the decision to impose the condition.


Yes

SPA58 The power to, if Council is given any of the notices prescribed in Section525(1) of the Act, appeal to a Building and Development Committeeagainst the decision in any of those notices.


Yes

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/513 Declaration about change to development approval�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/515 Fast-track proceedings for declarations�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/515 Fast-track proceedings for declarations�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/520 Appeal about decision relating to extension for development approval�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/520 Appeal about decision relating to extension for development approval�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/521 Appeal about decisions relating to permissible changes�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/521 Appeal about decisions relating to permissible changes�






SPA59 The power to, if council is an applicant for a development applicationabout a matter stated in Section 526 of the Act, appeal to the following:

Yes

(a) the refusal, or the refusal in part, of the application;

(b) any condition of the development approval and another matter,other than the identification or inclusion of a code under Section 242 ofthe Act stated in the development approval.


(d) the length of the period mentioned in Section 341 of the Act; and

(e) a deemed refusal of the application.

SPA60 Power to act as "Local Government (including as "designator","compliance assessor" and "public sector entity") under the SustainablePlanning Act over Sections 529(1), 530(1), 531(1), 533(1), 535(2),537(1), 648(k), 658(1), 706(1), 706(2), 706(3), 708, 709, 711(1), 712,713(1), 794(6),

Sections 529(1), 530(1), 531(1), 533(1), 535(2), 537(1), 648(k), 658(1), 706(1), 706(2), 706(3), 708, 709, 711(1), 712, 713(1), 794(6) Sustainable Planning Act 2009

Yes

SPA61 Power, as an advice agency, to appeal to the building and developmentcommittee about a development approval.


SPA62 Power to request the Chief Executive to appoint a Building andDevelopment committee to start hearing the appeal within two businessdays after starting the appeal.


SPA63 Power, as assessment manager, to apply to withdraw from the appeal ifthe appeal is only about a concurrence agency response.


SPA64 Power to elect to be a co-respondent. Section 547(3)(b) Sustainable Planning Act 2009.

Yes

SPA65 Power, as assessment manager, to provide all material requested bythe registrar.


SPA66 Power, as a party to an appeal or proceedings, to agree to have thematter decided on the basis of written submissions.

Section 558(b) Sustainable Planning Act 2009

Yes

SPA67 Power to give a show cause notice. Section 588 Sustainable Planning Act 2009 Yes

SPA68 Power to give an enforcement notice. Section 590 Sustainable Planning Act 2009 Yes

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/528 Appeal by advice agency�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/543 Respondent and co-respondents for appeals under s 519, 522 or 527�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/547 Respondent and co-respondents for appeals under s 531, 532, 533 or 535�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/547 Respondent and co-respondents for appeals under s 531, 532, 533 or 535�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/551 Registrar must ask assessment manager for material in particular proceedings�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/558 Appeal or other proceedings may be by hearing or written submission�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/558 Appeal or other proceedings may be by hearing or written submission�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/588 Giving show cause notice�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/590 Giving enforcement notice�






SPA69 Power to consider all representations made by a person about the shocause notice within the period stated in that notice.

Section 591 Sustainable Planning Act 2009

Yes

Power to, after considering representations made by the person aboutthe show cause notice within the period stated in the notice, form thebelief that it is still appropriate to give the enforcement notice

SPA70 The power to form the reasonable belief that it is not possible andpractical to take steps:


(a) to make the work comply with a development approval, acompliance permit, a code or a master plan; or

(b) if the work is dangerous - to remove the danger.

SPA71 Power to bring proceedings in the Magistrates Court on a complaint. Section 597 Sustainable Planning Act 2009 Yes

Yes

SPA73 Power to impose a condition in relation to non-trunk infrastructure. Section 626 Sustainable Planning Act 2009 Yes

SPA74 Power to review its priority infrastructure plan every 5 years. Section 628 Sustainable Planning Act 2009 Yes

SPA75 Power to impose a condition in accordance with section 626A(2) and626A(3) for supplying development infrastructure for 1 or more of thefollowing:

Section 626A Sustainable Planning Act 2009

Yes

a) networks internal to a premises;

b) connecting a premises to extern infrastructure networks;

protecting or maintaining the safety or efficiency of the infrastructure network of which the development infrastructure is a component.

SPA76 Power to levy a charge for supplying trunk infrastructure. Section 629 Sustainable Planning Act 2009 Yes

SPA77 Power to agree in writing, with the owner of the land to which aninfrastructure charge relates, regarding a charge to be imposed.


Yes

SPA78 Power, as a local government, to issue an infrastructure charges noticeor regulated infrastructure charges notice.

Sections 633 and 643 (and 364) Sustainable Planning Act 2009

Yes

Section 601 Sustainable Planning Act 2009SPA72 Power to bring proceedings in the court for orders identified in section601.

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/597 Proceedings for offences�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/626 Conditions local governments may impose for non-trunk infrastructure�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/628 Local government must review its priority infrastructure plan every 5 years�



http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/629 Funding trunk infrastructure for local governments�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/632 Infrastructure charges�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/632 Infrastructure charges�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/633 Infrastructure charges notices�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/633 Infrastructure charges notices�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/601 Proceeding for orders�






SPA79 Power to agree with the State infrastructure provider for State-controlledroads that the infrastructure charge may be used to provide works forthe Council road network.


SPA80 Power to enter into a written agreement with a person to whom aninfrastructure charges notice has been given.


Yes

SPA81 Power to give the applicant a notice, for development infrastructure thatis land, in addition to, or instead of, the notice given under section 633.


Yes

SPA82 Power to supply different trunk infrastructure to that detailed in thepriority infrastructure plan.


SPA83 Power to enter into a written agreement with the applicant that theinfrastructure charge is a debt.


Yes

SPA84 Power to advertise Council’s regulated infrastructure charges scheduleand notify the chief executive of the department.


Yes

SPA85 Power to enter into a written agreement with a person to whom aregulated infrastructure charges notice has been given.


SPA86 Power to enter into a written agreement with the applicant that aregulated infrastructure charge is a debt.


SPA87 Power, following Council making an adopted infrastructure chargeresolution, to publish in a newspaper circulating generally in Council'sarea a notice stating:-

Section 648D(3) Sustainable Planning Act 2009

Yes

a) the name of Council;

b) the day the resolution was made; and

the details of the resolution, or how a person can obtain the details.

SPA88 Power, on the day a notice is published under section 648D(3), to givethe chief executive:-

Section 648D(4) Sustainable Planning 2009

Yes

a) a copy of the notice; and

3 certified copies of a document stating the details of the resolution.

SPA89 Power to attach an adopted infrastructure charges resolution to Council's planning scheme.

Section 648D(6) Sustainable Planning Act 2009

Yes

SPA90 Power to give an adopted infrastructure charges notice to an applicant or person who requested compliance assessment.

Section 648F(3) Sustainable Planning Act 2009

Yes

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/635 Application of infrastructure charges�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/637 Agreements about, and alternatives to, paying infrastructure charges�




http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/638 Local government may supply different trunk infrastructure from that identified in a priority infrastructure plan�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/639 Infrastructure charges taken to be rates�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/639 Infrastructure charges taken to be rates�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/641 Adopting and notifying regulated infrastructure charges schedule�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/641 Adopting and notifying regulated infrastructure charges schedule�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/647 Agreements about, and alternatives to, paying regulated infrastructure charges�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/648 Regulated infrastructure charges taken to be rates�






SPA91 Power to enter into a written agreement with a distributor-retailer aboutthe proportion of an adopted infrastructure charge made under section648A(1)(b) that may be:-

Section 648G(2) Sustainable Planning Act 2009

If Council has adopted adiscounted rate forinfrastructure charges - anyvariation from the discount ratewould require Council approvalor specific delegation.

Yes

a) levied by Council; or

charged by the distributor retailer for its water or wastewater service.

SPA92 Power to enter into a written agreement with a person to whom anadopted infrastructure charges notice or negotiated adoptedinfrastructure charges notice has been given about:-

Section 648K(1) Sustainable Planning Act 2009


Yes

a) whether the charge may be paid at a different time from that statedin the notice and whether it may be paid by instalments; and/or

whether infrastructure may be supplied instead of paying all or part of the charge.

SPA93 Power, for development infrastructure that is land, to give the applicantor person who requested compliance assessment a notice, in additionor instead of a notice given under section 648F, requiring them to:

Section 648K(2) Sustainable Planning Act 2009


Yes

a) give Council, in fee simple, part of the land the subject of theapplication or request for compliance assessment; or

give Council, in fee simple, part of the land the subject of the application or request for compliance assessment and part of an adopted infrastructure charge.

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/648K Agreements about, and alternatives to, paying adopted infrastructure charge�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/648K Agreements about, and alternatives to, paying adopted infrastructure charge�






SPA94 Power to enter into a written agreement with an applicant or person who requests compliance assessment stating that section 648L(1) does not apply to an adopted infrastructure charge levied by Council.

Section 648L(2) Sustainable Planning Act 2009

Yes

SPA95 Power to impose conditions requiring different trunk infrastructure tothat identified in the priority infrastructure plan.


SPA96 Power to impose conditions requiring payment of additional trunkinfrastructure costs.


SPA97 Power to enter an agreement with an applicant or person whorequested compliance assessment, for the refund of infrastructureestablishment costs.


SPA98 Power to enter into an agreement with the State infrastructure providerand the person required to comply with the conditions imposed by aState infrastructure provider.


Yes

SPA99 Power to sell land held on trust in fee simple by Council. Section 659 Sustainable Planning Act 2009 Yes

SPA100 Power to enter an infrastructure agreement. Chapter 8 Part 2 Sustainable Planning Act 2009

Yes

SPA101 Power, as entity that issued the infrastructure charges notice orregulated infrastructure charges notice, adopted infrastructure chargesnotice or regulated State infrastructure charges notice to considerrepresentations made under section 677.


SPA102 Power to make a decision in response to a representation under section677.


SPA103 Power to make comments in relation to draft terms of reference of anenvironmental impact statement.


SPA104 Power to make comments in relation to draft environmental impactstatement.

Section 694 and 695 Sustainable Planning Act 2009

Yes

SPA105 Power to decide claims for compensation. Section 709 and 710 Sustainable Planning Act 2009

Yes

SPA106 Power to seek approval of the Governor in Council to take land, underthe Acquisition of Land Act 1967.


SPA107 Power to enter land to undertake works. Section 715 Sustainable Planning Act 2009 Yes

SPA108 Power to decide a claim for compensation, and recover same from anapplicant.


http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/648L Adopted infrastructure charge taken to be rates�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/648L Adopted infrastructure charge taken to be rates�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/649 Conditions local governments may impose for necessary trunk infrastructure�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/650 Conditions local governments may impose for additional trunk infrastructure costs�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/651 Local government additional trunk infrastructure costs in priority infrastructure areas�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/653 Conditions State infrastructure provider may impose�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/653 Conditions State infrastructure provider may impose�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/659 Sale of particular land held on trust by local governments�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/Part 2 Infrastructure agreements�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/Part 2 Infrastructure agreements�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/678 Consideration of representations�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/679 Decision about representations�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/691 Draft terms of reference for EIS�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/694 Public notification of draft EIS�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/694 Public notification of draft EIS�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/709 Time limits for deciding and advising on claims�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/709 Time limits for deciding and advising on claims�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/714 Local government may take or purchase land�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/715 Power of assessment manager or other entity to enter land in particular circumstances�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/716 Compensation for loss or damage�






SPA109 Power to make submissions in response to a development for publichousing.


Power to decide that sections 724(1), 729(1) and 734(1) do not applywhere reasonably satisfied that the documents mentioned in section724(1) (za) to (zf), and 729(1)(i) or (j), and 734(1) contain—

Sections 724(5), 729(5) and 734(3) Sustainable Planning Act 2009

Yes

(a) sensitive security information; or(b) information of a purely private nature about an individual,including, for example, someone’s residential address.

SPA111 Power to decide that sections 725(1), 726(1) and 728(1) do not applywhere reasonably satisfied that the documents mentioned in sections725(1), 726(1) and 728(1) contain sensitive security information.

Section 725(3), 726(3) and 728(3) Sustainable Planning Act 2009

Yes

SPA112 Power to decide that section 736(1) and (2) do not apply because theinformation contains sensitive security information.


Yes

SPA113 Power to issue limited, standard or full planning and developmentcertificates.


SPA114 Power, as assessment manager for a development application(distributor-retailer), to make a decision on an application and issuenotices.

Section 755E and 755F Sustainable Planning Act 2009

Yes

SPA115 Power, as a compliance assessor, to receive applications forcompliance assessment.

Section 755G Sustainable Planning Act 2009

Yes

SPA116 Power, on behalf of Council, to receive reports from Council’snominated entity in relation to requests for compliance assessmentmade to Council’s nominated entity.

Section 755H(2) Sustainable Planning Act 2009

Yes

SPA117 Power, on behalf of Council, to receive information from the distributor-retailer that it may be required to provide under section 755H(4).

Section 755H(4) Sustainable Planning Act 2009

Yes

SPA118 Power to give a copy of any compliance permit or certificate issued byCouncil or received by Council under section 408(4) to the distributor-retailer.

Section 755I Sustainable Planning Act 2009

Yes

SPA119 Power to impose, under section 626, conditions in relation to non-trunkinfrastructure.

Section 755J Sustainable Planning Act 2009

Yes

SPA120 Power to require, under section 649(2), different trunk infrastructure fora distributor-retailers water or wastewater service.

Section 755Q(1) Sustainable Planning Act 2009

Yes

SPA110

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/721 Chief executive must publicly notify particular proposed development�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/736 Publishing particular information about development application�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/736 Publishing particular information about development application�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/741 Time within which planning and development certificate must be given�



http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/755 Adjusted referral agencys assessment period�

















SPA121 Power to require, under section 649(3), conditions about trunkinfrastructure for a distributor-retailers water or wastewater service.

Section 755Q(2) Sustainable Planning Act 2009

Yes

SPA122 Power to impose, under section 650(1), conditions about additionaltrunk infrastructure costs for a distributor-retailers water or wastewaterservice.

Section 755R Sustainable Planning Act 2009

Yes

SPA123 Power to receive a notice of appeal under section 482 and provide acopy of it to the distributor-retailer for whom Council is exercisingconcurrence agency jurisdiction.

Section 755U Sustainable Planning Act 2009

Yes

SPA124 Power to receive a notice of appeal under section 483 and provide acopy of it to the distributor-retailer.

Section 755V Sustainable Planning Act 2009

Yes

SPA125 Power to consult with the Minister in relation to the guidelines theMinister may make under section 759.


SPA126 Power to consult with the chief executive in relation to guidelines thechief executive may make under section 760.


SPA127 Power to continue to decide a claim made under sections 5.4.2, 5.4.3,5.4.5 or 5.5.3 of the repealed IPA.


SPA128 Power to impose conditions on a development approval. Section 848 Sustainable Planning Act 2009 Yes

SPA129 Power to continue to decide an iconic places development application to which section 873(3) applies and give a decision notice for the application.

Section 873(4)(b) Sustainable Planning Act 2009

Yes

SPA130 Power to appeal to the court, as if Council had been a submitter for an iconic places development application to which sections 461 to 464 apply.


Yes





SPR01 Power to advise a school by written notice that the local governmentdoes not agree to an exemption.

Schedule 4, table 5, item 11(3)(b) of the Sustainable Planning Regulation 2009

Yes

SUSTAINABLE PLANNING REGULATION 2009









http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/759 Minister may make guidelines�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/760 Chief executive may make guidelines�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/842 Claims for compensation�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/848 Conditions about infrastructure for particular applications�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/873 Dealing with iconic places development applications�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/873 Dealing with iconic places development applications�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/875 Provision about appeals�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Act 2009/875 Provision about appeals�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Regulation 2009/Schedule 4�

http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable Planning Regulation 2009/Schedule 4�

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SustPlanR09.pdf�







Yes

TSPA02 Power to administer and enforce Part 2C, Division 3 of the Act within Council’s area and, for a patrolled beach area of a patrolled beach or aprescribed outdoor swimming area, adjacent to or within Council’s area.

Sections 26ZM and 26ZN Tobacco and Other Smoking Products Act 1998

Yes

TSPA03 Power to commence a proceeding concerning an offence under Part2C, Division 3 of the Act.

Section 26ZP Tobacco and Other Smoking Products Act 1998

Yes

TSPA04 Power to commence a proceeding for a contravention of a local lawmade pursuant to Part 2C, Division 4 of the Act.

Section 26ZPE Tobacco and Other Smoking Products Act 1998

Yes

TSPA05 Power to give an authorised person directions concerning the exerciseof the authorised person’s powers.

Section 27(2) and (3) Tobacco and Other Smoking Products Act 1998

Yes

TSPA06 Power to appoint authorised persons for the Act. Sections 28(2) and 29 Tobacco and Other Smoking Products Act 1998

Yes

TSPA07 Power to give an authorised person a signed notice concerning theauthorised person’s powers.

Section 30 Tobacco and Other Smoking Products Act 1998

Yes

TSPA08 Power to issue an identity card to each authorised person under the Act. Section 30A Tobacco and Other Smoking Products Act 1998

Yes

TSPA09 Power, as an occupier of a place, to give consent to an authorisedperson to enter the place.

Section 33(1)(a) Tobacco and Other Smoking Products Act 1998

Yes

TSPA10 Power, as an occupier of a place, to sign an acknowledgementconfirming that consent to enter the place was given to an authorisedperson.

Section 34(3) Tobacco and Other Smoking Products Act 1998

Yes

TSPA11 Power, as an owner of a seized thing, to inspect the thing seized by anauthorised person and, if it is a document, to copy it.

Section 44B(1) Tobacco and Other Smoking Products Act 1998

Yes

TSPA01 Power, as an occupier of an enclosed space, to give directions to stoppersons from smoking in the enclosed space.

Section 26U(1) Tobacco and Other Smoking Products Act 1998

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TobaccoOSmPrA98.pdf�





























Yes





Power to manage the public marine facilities listed in schedule 1. Yes

(MRC has a list of boat ramps referred to under this schedule)

TIPMFR02 Power, as a manager of a non-State managed boat harbour, to pay tothe chief executive the fees stated in schedule 3 for each mooring in theboat harbour.

Section 65 Transport Infrastructure (Public Marine Facilities) Regulation 2000

Yes

TRANSPORT INFRASTRUCTURE (BUSWAY) REGULATION 2002

TIPMFR01 Section 5, 7, and Schedule 1 Transport Infrastructure (Public Marine Facilities) Regulation 2000

TIBR01 Power to provide written directions to the chief executive regarding theremoval of Council property abandoned on a busway or buswaytransport infrastructure, or parked or left on a bus way or bus waytransport infrastructure against the chief executive’s directions.

Section 20 Transport Infrastructure (Bus way) Regulation 2002

TRANSPORT INFRASTRUCTURE (PUBLIC MARINE FACILITIES) REGULATION 2000

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TranstInfPuMR00.pdf�


http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TranstInfBuR02.pdf�






http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TransInfPuMR11.pdf�







Power, as a railway manager, to give permission to persons withregards to the following:-

Yes

(a) playing a musical instrument or operating sound equipment on arailway; or(b) publicly and personally selling anything, seeking business orconducting a survey on a railway; or(c) operating a gate at a railway crossing in a way other than opening,closing and securing the gate; or(d) going onto a railway track; or(e) loading luggage onto rolling stock; or(f) do an act or make an omission contrary to all or any of sections 26to 30.

Power, as a railway manager, to:- Yes(a) supply alcohol to persons on a railway; or(b) give permission to person to drink alcohol on a railway; and(c) to set aside an area for persons to drink alcohol.

TIRR03 Power, as a railway manager, to direct a person displaying colouredlight on or near a railway, and which interferes with the safe operation ofthe railway, to remove or screen the light.

Section 10 (1) Transport Infrastructure (Rail) Regulation 2006

Yes

TIRR04 Power, as a railway manager, to provide an entrance or exit for arailway for the purpose of entering or exiting the railway.

Section 11(1) Transport Infrastructure (Rail) Regulation 2006

Yes

TIRR05 Power, as a railway manager, to take reasonable and necessary stepsto move property abandoned or left on a railway.

Section 18 Transport Infrastructure (Rail) Regulation 2006

Yes

TIRR06 Power, as a railway manager, to recover Council’s reasonableexpenses of moving property abandoned or left on a railway, securelystoring the property and publishing any newspaper notice for it from theperson in charge of the property or the property’s owner.


Yes

TIRR07 Power to provide written directions to a railway manager or operatorregarding the release of property abandoned or left on a railway.


Yes

TIRR08 Power, as a railway manager, to dispose of property Council reasonablyconsiders to have been abandoned.


Yes

TIRR02 Section 8(1) Transport Infrastructure (Rail) Regulation 2006

TIRR01 Sections 6(2)(b), 14(2), 16(5), 17(c), 25(2)(b) and 31 Transport Infrastructure (Rail) Regulation 2006

TRANSPORT INFRASTRUCTURE (RAIL) REGULATION 2006

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TranstInfRaR06.pdf�























TIRR09 Power, as a railway manager, to waive part or all of the expensesreasonably incurred by Council in moving and disposing of propertyabandoned or left on a railway.

Section 23(6) Transport Infrastructure (Rail) Regulation 2006

Yes

TIRR10 Power, as a railway manager, to impose relevant conditions on apermission provided under section 31.


Yes

TIRR11 Power, as a railway manager, to deal with property moved under part 3of the now repealed Transport Infrastructure (Rail) Regulation 1996 asif the repealed regulation had not been repealed.


Yes





TIA01 Power to consult with the chief executive concerning the developmentof a roads implementation program if the chief executive believes thatCouncil would be affected by the program.

Section 11(4) Transport Infrastructure Act 1994

Yes

TIA02 Power to consult with the chief executive concerning the developmentof a rail implementation program if the chief executive believes thatCouncil would be affected by the program.

Section 14(3)(a) Transport Infrastructure Act 1994

Yes

TIA03 Power to consult with the chief executive concerning the developmentof implementation programs for miscellaneous transport infrastructure ifthe chief executive believes that Council would be affected by theprograms.


Yes

TIA04 Power to prepare and make submissions to the Minister in relation toany declaration, or revocation of a declaration that a road or route, orpart of road or route, is a State-controlled road.

Section 25(b) Transport Infrastructure Act 1994

Yes

TRANSPORT INFRASTRUCTURE ACT 1994







http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TranstInfA94.pdf�














Power, as a railway manager, to:- Yes(a) consult with, and make submissions to, the Minister before adeclaration is made making a road or route, or part of a road or route,that crosses rail corridor land and continues on the other side of the railcorridor land a State-controlled road;(b) construct, maintain and operate a railway on a declared commonarea in a way not inconsistent with its use as a State-controlled road;

(c) make an agreement with the chief executive regarding the State-controlled road on the common area.

TIA06 Power to prepare and make submissions to the Minister in relation toany declaration or revocation of declaration that the whole or a part of aState-controlled road is a motorway.

Section 27(3)(b) Transport Infrastructure Act 1994

Yes

Yes

Power to make a sharing arrangement with the chief executive for thecosts of:-

Yes

(a) acquisition of land for transport infrastructure;(b) road works on a State-controlled road;(c) other works that contribute to the effectiveness and efficiency ofthe road network; or(d) the operation of a State-controlled road;including all necessary preliminary costs associated with acquisition,works, or operation.

TIA09 Power, as an owner or occupier of land, to provide written approvalagreeing to allow the chief executive to enter, and occupy or use theland to undertake road works after service of notice for temporaryoccupation and use of land.

Section 36(1) and (4) Transport Infrastructure Act 1994

Yes

TIA10 Power, as an owner of land, to give notice to the chief executiveclaiming compensation for physical damage caused by the temporaryentry, occupation, or use, or for the taking or consumption of material.

Section 37 Transport Infrastructure Act 1994

Yes

TIA11 Power to enter into agreements with the chief executive in relation tofunding for road works on Council’s roads.


Yes

TIA08 Section 32 Transport Infrastructure Act 1994


TIA07 Power to enter into contracts with the chief executive in respect of roadworks, other works or the operation of State-controlled roads within andoutside Council’s local government area.





















TIA12 Power to enter into a financial arrangement with the chief executive forimprovements to State‑controlled roads that would be beneficial toCouncil’s road network.


Yes

TIA13 Power to obtain the chief executive’s written approval for consent tocarry out road works or make changes to the management of a Councilroad if conditions under subsection (1) apply.


Yes

Yes

Power to obtain the chief executive’s written consent to the erection,alteration or operation of an advertising sign or device that would be:-

Yes

(a) visible from a motorway;(b) beyond the boundaries of the motorway; and (c) reasonably likely to create a traffic hazard; and on conditions that comply with fixed criteria.

TIA16 Power to apply conditions to the erection, alteration or operation of anadvertising sign or device.


Yes

Yes

TIA18 Power, as an owner of ancillary works and encroachments, to enter intoan agreement with the chief executive for a contribution towards thecost of the alteration, relocation, making safe or removal of the ancillaryworks and encroachments.


Yes

TIA19 Power to make submissions to the chief executive concerning aproposal to publish a gazette notice to make, amend or revoke adeclaration or to make, amend or replace a policy for limited accessroads.


Yes

TIA20 Power to make an application to the chief executive to make a writtendecision stating any of the matters provided in sub-subsections (a)-(k)concerning access between 1 or more State-controlled roads andparticular adjacent land which Council has an interest in.


Yes

TIA21 Power to ask the chief executive, in writing, to give Council a copy ofany decision in force under section 62(1) for land that Council has aninterest in.


Yes

TIA14 Power to apply and enforce conditions to proposed road works orchanges to the management of a Council road.



TIA17 Power to exercise all the powers it may exercise for a local governmentroad in its area in relation to State-controlled roads in its area.



























Power, as an owner or occupier of land, to enter into an agreement withthe chief executive for:-

Yes

(a) the supply by the chief executive of, or a contribution towards thesupply by the chief executive of, alternative road access works betweena State-controlled road and Council’s land or between Council’s landand another road; or(b) the carrying out, or contributions towards the carrying out of, otherworks in relation to Council’s land.

TIA23 Power, as an owner or occupier of land, to recover, as a debt from thechief executive, compensation for the diminution in land value becauseof the prohibition or change made to the access between a State-controlled road and Council’s land.


Yes

TIA24 Power to enter into an agreement with the chief executive for the supplyof roadside service centres, roadside rest facilities and other roadsidebusinesses adjacent to or near State-controlled roads.


Yes

Power, as the owner of a public utility plant (whether existing orproposed), to arrange with the chief executive for the sharing of thecosts, including preliminary costs, of all or any of the following:-

Yes

(a) acquisition of land associated with the plant; or(b) construction, augmentation alteration or maintenance of the plant;or(c) construction of road works affected by the plant.

TIA26 Power, as a railway manager, to consult with, and make submissions to,the Minister about an intended declaration under section 84A.

Section 84B(2) Transport Infrastructure Act 1994

Yes

TIA27 Power, as a railway manager for a rail corridor land that has beendeclared to be part of a common area, to construct, maintain andoperate a railway on the common area in a way not inconsistent with itsuse as a toll road.

Section 84B(4) Transport Infrastructure Act 1994

Yes

Power, as a railway manager for rail corridor land that has beendeclared to be part of a common area, to enter into an agreement withchief executive, or the lease holder for the particular State toll roadcorridor land, regarding the following:-

Yes

(a) responsibility for maintaining a toll road, and the transportinfrastructure relating to a toll road, on the common area; and(b) responsibility for the cost of removing road transport infrastructurefrom the common area and restoring the railway.

TIA29 Power to claim compensation regarding land, in which Council has aninterest but has been declared to be State toll road corridor land undersection 84A, under the Acquisition of land Act 1967 , section 12(5A) and(5B), and part 4 as if the interest were land taken by the State underthat Act.

Section 84D Transport Infrastructure Act 1994

Yes

TIA22 Section 72(2) Transport Infrastructure Act 1994


TIA28 Section 84B(5) Transport Infrastructure Act 1994






















Power, as a railway manager, to:- Yes(a) consult with, and make submissions to, the Minister regarding theconstruction, maintenance or operation of a road, or part of a road, thatcrosses rail corridor land and continues on the other side of the railcorridor land;(b) construct, maintain and operate a railway on the common area in away not inconsistent with its use a franchised road;(c) enter into an agreement with the franchisee regarding thefranchised road on the common area.

TIA31 Power, as a toll road operator, to recover, as a debt, from the driver theamount of any unpaid toll or user administration charge, subject to anyapplicable agreement made by Council.


Yes

TIA32 Power, as a toll road operator, to enter into an agreement with a personregarding the liability of a designated vehicle’s driver for the toll payableat a toll plaza.


Yes

Power, as a toll road operator, to give the registered operator of avehicle a written notice requiring the registered operator, within theprescribed time for the notice—

Yes

(a) to pay Council the deferred toll amount; or(b) to give Council the registered operator’s statutory declarationcontaining the required information.

TIA34 Power, as a toll road operator, to give written notice, in the approvedform, under this section if Council has not received a deferred tollamount and it considers, on reasonable grounds, that a person otherthan the vehicle’s registered operator has information that could helpthe toll road operator establish the name and address of the driver.


Yes

Power to give a statutory declaration complying with subsection (3). Yes

(Toll Roads, Toll Road Agreements)

TIA36 Power, as a toll road operator, to give a written notice, in the approvedform, under this section if Council has not received a deferred tollamount and it considers, on reasonable grounds, that Council hascorrectly identified the person who was the driver.


Yes

Power to disclose, allow access to, record or use personal informationunder certain circumstances.

YesTIA37 Sections 104(2) and 105ZN(2) Transport Infrastructure Act 1994


TIA35 Sections 100(2) and 105ZJ(2) Transport Infrastructure Act 1994

TIA30 Section 85A Transport Infrastructure Act 1994






















TIA38 Power to exercise all the powers of Council, including applying for theMinister’s consent for a local government tollway, under Part 8 (LocalGovernment Tollways).[3]

Chapter 6, Part 8 Transport Infrastructure Act 1994

Yes

TIA39 Power certify any of the matters stated in subsection (1)(c). Section 105 Transport Infrastructure Act 1994

Yes

Power, as a railway manager, to— Yes(a) consult with, and make submissions to, the Minister about anintended declaration under section 105H;(b) construct, maintain and operate a railway on a declared commonarea in a way not inconsistent with its use as a local governmenttollway;(c) make an agreement with the chief executive regarding the localgovernment tollway on the common area.

TIA41 Power to enter into a lease or sublease with another local governmentor person, respectively, concerning the use of local government tollwaycorridor land for a tollway.

Section 105J(9) and (10) Transport Infrastructure Act 1994

Yes

TIA42 Power, as a person with an interest in land declared to be a localgovernment tollway corridor land under section 105H, to claimcompensation under the Acquisition of Land Act 1967 , section 12(5A)and (5B) and part 4 as if the interest were land taken by the State underthat Act.

Section 105JA(3) Transport Infrastructure Act 1994

Yes

Power, as a public utility provider, to do the following on localgovernment tollway corridor land—

Yes

(a) build, replace or take away, or alter, other than for maintenance orrepair, its public utility plant;(b) maintain or repair, or alter, for maintenance or repair, its publicutility plant;(c) take reasonable steps to stop obstruction or potential obstructionto, or interference or potential interference with, its public utility plant;

(d) seek written agreement from the local government for whom thedeclaration of the local government tollway corridor land was made;

(e) in the interests of public safety, carry out urgent maintenance of itspublic utility plant on local government tollway corridor land without thewritten agreement of the local government.

TIA40 Section 105I Transport Infrastructure Act 1994

TIA43 Section 105N Transport Infrastructure Act 1994


















TIA44 Power, as a public utility provider, to ask another local government forinformation about lines and levels for planned local government tollwayinfrastructure on local government tollway corridor land.

Section 105O(1) Transport Infrastructure Act 1994

Yes

TIA45 Power, as a public utility provider, to make an agreement with a localgovernment regarding the reduction in cost of replacing orreconstructing a public utility plant.

Section 105X(4) Transport Infrastructure Act 1994

Yes

TIA46 Power to enter into a local government tollway franchise agreement withanother local government.

Section 105Y Transport Infrastructure Act 1994

Yes

TIA47 Power to certify any of the matters stated in subsection (1)(c). Section 105ZO Transport Infrastructure Act 1994

Yes

TIA48

Power, as an owner or occupier of land, to allow the chief executive toenter the land by giving written consent to the chief executive.

Yes

(Rail Corridor)

TIA50 Power to apply to the chief executive for a rail feasibility investigator’sauthority for an area of land.


Yes

Power:- Yes(a) as an owner or occupier of land, to consent to an investigator or anassociated person to enter onto land; or(b) as an authorised investigator, to enter land, with the owner’s oroccupier’s consent;for the purpose of investigating the land’s potential and suitability as arail corridor.

TIA52 Power, as an authorised investigator, to allow an associated person toact under the investigator’s authority.


Yes

TIA53 Power, as an owner or occupier of land, to ask person who has entered,is entering, or is about to enter Council’s land under an authority for theperson’s identification or about the person’s authority to enter Council’sland.

Sections 115(4) and 408(4) Transport Infrastructure Act 1994

Yes

TIA54 Power, as an authorised investigator, to do anything necessary ordesirable to minimise damage to the land or inconvenience to the land’sowner or occupier.


Yes

TIA51 Section 114(3)(a) Transport Infrastructure Act 1994

TIA49 Section 109A(4)(a) Transport Infrastructure Act 1994


























Power, as an owner or occupier of land, to:- Yes(a) claim compensation from the relevant person for the loss ordamage arising out of an entry onto land, any use made of the land,anything brought onto the land, or anything done or left on the land inconnection with the relevant person’s authority;(b) require the relevant person to carry out works to rectify, within areasonable time, the damage after the relevant person has finishedinvestigating the land under the authority; or(c) require the relevant person to carry out works to rectify thedamage and claim compensation from the investigator for any loss ordamage not rectified.

Power:- Yes(a) as an owner or occupier of land, to make an agreement with therelevant person with regards to the amount of compensation; or

(b) as an authorised investigator, to make an agreement with owner oroccupier of the land with regards to the amount of compensation.

TIA57 Power, as an owner of land, to agree to allow an applicant foraccreditation as a railway manager and/or operator to access the landwhere the railway is constructed or is proposed to be constructed.

Section 126(2)(d)(i) Transport Infrastructure Act 1994

Yes

TIA58 Power, as an owner or occupier of land, to agree to allow the chiefexecutive or an accredited person to take or use the material onCouncil’s land.

Section 165(c) Transport Infrastructure Act 1994

Yes

Power, as an owner or occupier of land, to give written notice to thechief executive or an accredited person regarding:-

Yes

(a) a claim for compensation for the loss or damage caused by theentry or railway works carried out on Council’s land;(b) a claim for compensation for the taking or use of materials; (c) a requirement that the accredited person carry out works inrestitution for the damage; or(d) a requirement that the accredited person carry out works inrestitution for the damage and a claim for compensation for any loss ordamage not restituted.

TIA60 Power to seek the chief executive’s written approval to carry out worksnear a railway.


Yes

TIA61 Power, as an owner or occupier of land, to make an agreement with anauthorised person to allow the authorised person to enter Council’s landand inspect railway works.


Yes



TIA55 Section 118 (1) Transport Infrastructure Act 1994




















Power, as a railway manager, to— Yes(a) temporarily close or regulate a railway crossing if satisfied it isnecessary because of an immediate threat to— (i) the safety of the railway; or (ii) the public using it or who may use it;(b) construct a substitute crossing if Council decides to close orregulate a crossing.

TIA63 Power, as an occupier of a place, to consent to the entry of a rail safetyofficer into the place.


Yes

TIA64 Power, as an occupier of a place, to sign an acknowledgement ofCouncil’s consent to allow a rail safety officer to enter the place.


Yes

TIA65 Power, as a railway manager, to enter into a sublease with the chiefexecutive for rail corridor land or non-rail corridor land.


Yes

TIA66 Power, as a railway manager, to make an agreement with the chiefexecutive to renew a sublease for a section of rail corridor land beforeor immediately after its expiry.

Section 240B(2A) Transport Infrastructure Act 1994

Yes

TIA67 Power to make an agreement with the chief executive, or commenceproceedings in a court, for compensation to be paid to Council becauseof the revocation of an unregistered right in a railway manager’ssublease for a section of rail corridor land.

Section 240B (5)-(7) Transport Infrastructure Act 1994

Yes

TIA68 Power to enter into a sublease with the chief executive for a section ofnon-rail corridor land.


Yes

TIA69 Power, as an owner of land, to seek and negotiate with the railwaymanager a right of access across a proposed railway if Council’s land isadjacent to the relevant land or Council has access over the relevantland.

Section 240E(2) and (3) Transport Infrastructure Act 1994

Yes

TIA70 Power, as a railway manager or as an owner of land, to ask the chiefexecutive, if an agreement regarding right of access cannot be made, todecide whether a right of access across the proposed railway should begranted.

Section 240E(5) Transport Infrastructure Act 1994

Yes

TIA71 Power, as a railway manager or an owner of land, to give the chiefexecutive the information the chief executive requires in decidingwhether to grant a right of access across the proposed railway.

Section 240E(7) Transport Infrastructure Act 1994

Yes

TIA72 Power, as a railway manager of a rail corridor land or as a right ofaccess holder, to agree to cancel the right of access to the land.

Section 240F(3)(a) Transport Infrastructure Act 1994

Yes





























TIA73 Power, as a railway manager of a rail corridor land or as an owner ofland, to enter into an agreement in relation to the compensation payablefor the cancellation of a right of access across a rail corridor land.

Section 240F(4) Transport Infrastructure Act 1994

Yes

TIA74 Power, as an owner of land, to commence proceedings in the LandCourt for compensation.

Section 240F(6) Transport Infrastructure Act 1994

Yes

TIA75 Power, as a railway manager, to grant a sublicence in relation to aneasement described in schedule 4 to a railway operator.


Yes

Power, as a railway manager, to— yes(a) alter the rail transport infrastructure; and(b) manage the railway using the rail transport infrastructure, whetheror not altered; and(c) operate, or authorise a railway operator to operate, rolling stock onthe railway.

Power:- Yes(a) as a railway manager for rail corridor land or future railway land, toconstruct, maintain and operate a railway on the common area in a waynot inconsistent with its use as a relevant road;

(b) to construct, maintain and operate a local government tollwaycorridor land within a declared common area in a way not inconsistentwith its use as a railway

Power:- Yes(a) to make an agreement with the railway manager for a railwaywithin a common area; or(b) as a railway manager, to make an agreement with a relevantperson for a relevant road within a common area;regarding the costs of removing rail transport infrastructure from thecommon area and restoring the relevant road.

TIA77 Section 249(3)(a) and (b) Transport Infrastructure Act 1994


TIA76 Sections 244(2)(b) and 244A(2)(b) Transport Infrastructure Act 1994


















Power:- Yes(a) as a railway manager, to:- (i) in constructing or managing a railway, to alterthe level of a road or require the authority responsible for the road toalter its level; (ii) make an agreement with the authorityresponsible for the road with regards to the responsibility for thepayment of all reasonable expenses incurred in altering the road level;

(iii) make an agreement with a person, whose land isdirectly affected by the road alteration, regarding the amount ofcompensation payable to the person; (iv) if an agreement cannot be reached with theperson directly affected by the road alteration, make an application to acourt with jurisdiction to make a decision on the amount ofcompensation; or(b) as an authority responsible for a road, to make an agreement withthe railway manager with regards to the responsibility for the payment ofall reasonable expenses incurred in altering the road level; or

(c) as an occupier or owner of land that has been directly affected bythe road alteration, to:- (i) make an agreement with the railway managerregarding the amount of compensation payable to Council;

(ii) make an application to a court with jurisdiction tomake a decision on the amount of compensation.

TIA80 Power to construct, maintain and operate a road on rail corridor land ornon-rail corridor land, if permitted by the chief executive, by way of abridge or other structure that allows the road to go over or pass underthe relevant infrastructure on the land, or a crossing at the same levelas the relevant infrastructure.


Yes

TIA81 Power, as a railway manager of rail corridor land or as a sublessee ofnon-rail corridor land, to consult with the chief executive before the chiefexecutive makes a decision on proposed relevant infrastructure on railcorridor land or non-rail corridor land.


Yes

TIA82 Power, as a railway manager of rail corridor land or as a sublessee ofnon-rail corridor land, to continue to use the land and the airspaceabove the land, other than any land and airspace excluded by acondition of the permission.


Yes















TIA83 Power to enter into an agreement with the chief executive concerningthe maintenance of a road and a bridge, structure or crossingconstructed on rail corridor land or non-rail corridor land, as well as thecosts of removing the bridge, structure or crossing when the road is nolonger in use and the subsequent restoration of the relevantinfrastructure on the land.


Yes

Power:- Yes(a) as a railway manager, to give written approval to a person seekingto interfere with the railway; or(b) to seek written approval from a railway’s manager to interfere withthe railway; and(c) to interfere with a railway provided that the interference is:- (i) with the railway manager’s written approval;

(ii) permitted or authorised under a right of accessunder sections 240E or 253, or under the Transport (Rail Safety) Act2010 ; or (iii) otherwise approved, authorised or permitted underthis Act or another Act.

TIA85 Power, as a railway manager, to require, by written notice, a person whohas contravened section 255(1) to rectify the interference within a stated reasonable time, or to rectify the interference if the person fails tocomply with the requirement.


Yes

TIA86 Power to make an application to the chief executive to make a changeto the management of a local government road.

Section 258A Transport Infrastructure Act 1994

Yes

TIA87 Power, as a railway manager, to construct and maintain a fence ofsubstantially similar quality to any fence around the neighbouring landwhen the railway was constructed in order to satisfy its obligation undersubsection (2)(b).


Yes

TIA88 Power, as an owner or occupier of land next to existing railway, or as arailway manager of the existing railway, to enter into an agreement forcompensation for railway works with the railway manager or the owneror occupier of the land, respectively.


Yes



















Power:- Yes(a) as an owner or occupier of land adjacent to an existing railway, tocarry out further works at Council’s expense, with the railway manager’sagreement, if Council considers that the works carried out under section260 are insufficient for the convenient use of the land; or

(b) as a railway manager of an existing railway:- (i) to agree to the further works proposed to becarried out by the owner or occupier of land adjacent to the existingrailway at it’s expense; (ii) to require, by written notice given to the owner oroccupier, the further works to be carried out under the supervision of aperson nominated by Council and according to plans and specificationsapproved by Council.

TIA90 Power, as an owner or occupier of land adjacent to an existing railway,to cross the existing railway with Council’s, and its employees’ andagents’, vehicles and livestock until the railway manager carries out theworks pursuant to subsection (2), unless Council has receivedcompensation for the works.


Yes

TIA91 Power, as a railway manager, to give written notice to the chiefexecutive, at least 2 months before a preserved train path is allocated toa person, stating details of the proposed allocation.

Section 266A(2)(a) Transport Infrastructure Act 1994

Yes

TIA92 Power, as a railway manager, to make a submission against theimposition of a penalty pursuant to section 266C(2) in the way stated inthe proposed penalty notice.


Yes

TIA93 Power, as a railway manager, to appeal a penalty notice to the SupremeCourt against the chief executive’s decision to impose a penalty.

Section 266F Transport Infrastructure Act 1994

Yes

TIA94 Power to exercise all the powers and functions of a port authority underChapter 8 if Council is given management of a port under Chapter 8.


Yes

Power— Yes(a) as a port lessor, port lessee or port manager of the Port ofBrisbane, to impose charges in relation to port services and portfacilities;(b) as a port user, to make an agreement with the port lessor, portlessee or port manager regarding subsection (1).

TIA89 Section 260(6) and (7) Transport Infrastructure Act 1994





















TIA96 Power, as a port lessor, port lessee or port manager of the Port ofBrisbane, to enter into a port agreement with the Minister about chargesimposed pursuant to section 279A.

Section 279B Transport Infrastructure Act 1994

Yes

Power, as a port lessor, port lessee or port manager of the Port ofBrisbane, to—

Yes

(a) decide a reasonable time for payment of a charge imposedpursuant to section 279A and a reasonable interest rate to be applied toany unpaid amount; and(b) recover a charge, or part of a charge, and any interest payable inrelation to the charge, as a debt payable to Council.

Power, as a port lessor, port lessee or port manager of the Port ofBrisbane, to

Yes

(a) by written notice, require a person to give Council a securitydeposit as a security for a liability or debt incurred, or that may beincurred, by it under chapter 8, part 3A in relation the payment of acharge or damage caused, or that may be caused, to port facilities;

(b) appropriate, or partly appropriate, a security deposit to meet theliability or indebtedness of the person if the liability or debt is unpaidafter becoming due; (c) by written notice, require the person to give Council a furthersecurity deposit subsequent to the appropriation, or part appropriation,of a security deposit; and(d) by written notice, require the person to give Council a securitydeposit in a greater amount, or in a different form, or both, if Councilconsiders that the person’s liability or indebtedness, or potential liabilityor indebtedness, to Council under chapter 8, part 3A should be moreadequately guaranteed.

Power, as a port lessor of the Port of Brisbane, to display or publish aport notice to control activities or conduct in its port area if Councilreasonably considers the activities or conduct may—

Yes

(a) affect the port’s operation; or(b) cause damage to the port authority’s strategic port land or Brisbanecore port land; or(c) cause damage to the environment.

TIA100 Power, as a port lessor of the Port of Brisbane, to display or publish aport notice requiring a person or class of persons to produce to the portlessor or port lessor’s delegate, information relevant to the matterslisted in sub-subsections (a)-(e).

Section 282AA Transport Infrastructure Act 1994

Yes


TIA97 Section 281C Transport Infrastructure Act 1994

TIA98 Section 281F Transport Infrastructure Act 1994
















Power, as a port lessor of the Port of Brisbane, to control by portnotice—

Yes

(a) the movement or mooring of ships at its port facilities; or(b) the movement or mooring of ships if the movement or mooring mayaffect the port’s operation; or(c) activities on or by ships moored at its port facilities or in its port ifthe activities may affect the port’s operation.

TIA102 Power, as a port lessor of the Port of Brisbane, to control, by portnotice, the movement, handling or storage of goods loaded, waiting tobe loaded, unloaded or transhipped to or from ships at its port facilities.

Section 282C Transport Infrastructure Act 1994

Yes

TIA103 Power, as a port lessor of the Port of Brisbane, to control, by portnotice, the movement of persons at its facilities including, for example,where the movement of members of the public, or another identifiedgroup, is restricted or prohibited.


Yes

TIA104 Power, as a port lessor of the Port of Brisbane, to control by port noticethe parking or stopping of vehicles at or on its port facilities, strategicport land or Brisbane core port land including, for example, by indicatinga place where parking or stopping of a vehicle is restricted or prohibited.

Section 282E Transport Infrastructure Act 1994

Yes

TIA104 Power, as a port lessor of the Port of Brisbane, to control by port noticethe movement, stopping or parking of rolling stock at its port facilitiesincluding, for example, by indicating where parking of rolling stock isrestricted or prohibited.

Section 282F Transport Infrastructure Act 1994

Yes

TIA105 Power, as a port lessor of the Port of Brisbane, to appoint a person asan authorised officer for Council.

Section 282K Transport Infrastructure Act 1994

Yes

TIA106 Power, as a port operator, to consult with the Minister before theMinister gives a direction under subsection (2).

Section 283ZJ Transport Infrastructure Act 1994

Yes

Power, as an assessment manger for a development application fordevelopment on Brisbane core port land under the Sustainable Planning Act 2009 , to impose a condition on the development approvalfor the application requiring a contribution only in relation to the followinginfrastructure provided by the Brisbane City Council or a serviceprovider—

Yes

(a) drainage;(b) public transport;(c) roads; (d) sewerage and water supply headworks.


TIA107 Section 283ZZ Transport Infrastructure Act 1994






















TIA108 Power, as a port lessor, port lessee or port manager of the Port ofBrisbane, to grant a licence to enter and use port land, if leased byCouncil under the Land Act 1994 , or trade lease of land, if subleased toCouncil.

Section 283ZZN Transport Infrastructure Act 1994

Yes

TIA109 Power to make written submissions in respect of a statement ofproposal under section 285A or draft plan under section 285B made bya port authority over land in or adjoining Council’s area.


Yes

TIA110 Power to apply to a port authority for approval to perform a controlledactivity in a port authority’s port area.


Yes

TIA111 Power, if Council’s interests are affected by a decision mentioned insection 289F(1), to ask the port authority to review the decision or,pursuant to the Transport Planning and Coordination Act 1994 , part 5,division 2, make an application to the Queensland Civil andAdministrative Tribunal to have the original decision stayed.

Section 289G Transport Infrastructure Act 1994

Yes

TIA112 Power, as a port operator, to have abandoned property found at the portfacility moved to a place Council considers appropriate.

Section 289I(2)(b) Transport Infrastructure Act 1994

Yes

TIA113 Power to seek the return of abandoned property from a port authority orport operator.

Section 289J Transport Infrastructure Act 1994

Yes

TIA114 Power, as a port operator, to sell property that has remained unclaimed28 days after the publication of a notice under section 289I about theabandoned property.

Section 289K Transport Infrastructure Act 1994

Yes

TIA115 Power, as a port operator, to sell abandoned property if it is perishableand it is impracticable for Council to keep it having regard to its natureand condition.

Section 289L Transport Infrastructure Act 1994

Yes

TIA116 Power, as a port operator, to dispose of abandoned property that isinsufficient value property in the way Council considers appropriate.

Section 289N Transport Infrastructure Act 1994

Yes

TIA117 Power, as a port lessor of the Port of Brisbane, to delegate a functionunder Chapter 8, other than under part 3A, to a port lessee or portmanager.

Section 289Z Transport Infrastructure Act 1994

Yes


























Power:- Yes(a) as a port lessor of the Port of Brisbane, to appoint an entity as aport manager for the Port of Brisbane; or(b) as a port lessee— (i) to seek written approval from the port lessor toappoint an entity as a port manager for the Port of Brisbane; and

(ii) with the written approval of the port lessor, appointan entity as a port manager for the Port of Brisbane.

TIA119 Power, as an owner or occupier of land, to give permission to a personproposing to enter Council’s land for purposes other than for theperformance of urgent remedial work to facilitate or maintain theoperation of busway transport infrastructure.


Yes

TIA120 Power, as an owner or occupier of land, to claim compensation from thechief executive for loss or damage caused by the entry, occupation, oruse, including by the taking or consumption of materials, of Council’sland by the chief executive or a person authorised by the chiefexecutive for purposes relating to busway transport infrastructure.


Yes

TIA121 Power, as an owner or occupier of land, to commence proceedings inthe Land Court against the chief executive for compensation in theabsence of a prior agreement between Council and the chief executivefor compensation.


Yes

TIA122 Power to enter into a sublease with the State for an established busway,or a proposed busway, on busway land, including the power tonegotiate, and agree upon, the terms of the sublease.

Section 303AA Transport Infrastructure Act 1994

Yes

Power to seek a licence from the chief executive in relation to buswayland or busway transport infrastructure for any of the following purpose:-

Yes

(a) construction, maintenance or operation of any thing on the land;

(b) the use of the land or infrastructure for any purpose;(c) maintenance, management or operation of the land orinfrastructure.

Power, in relation to a licence granted under section 303AB(1), to:- Yes

(a) surrender the licence; and(b) mortgage, sublicense or transfer the licence with the consent of thechief executive.

TIA124 Section 303AB(1) Transport Infrastructure Act 1994

TIA125 Section 303AB(3A) and (4) Transport Infrastructure Act 1994

TIA118 Section 289ZA Transport Infrastructure Act 1994




















Power, as an owner or occupier of busway land or busway transportinfrastructure that is subject to a licence granted under section 303AB,to:-

Yes

(a) claim compensation from the chief executive for loss or damagecaused by a relevant activity, including by the taking or consumption ofmaterials; and(b) enter into an agreement with the chief executive about the paymentof compensation; or(c) in the absence of an agreement about the payment ofcompensation, commence proceedings in the Land Court for paymentof compensation.

TIA127 Power to construct, maintain and operate a non‑State controlled roadon a busway common area.

Section 303B(d) Transport Infrastructure Act 1994

Yes

Power to:- Yes(a) consult with the chief executive concerning the nature and extentof the alteration of the level of the road for busway transportinfrastructure works, or the management or operation of a busway,before the alteration is commenced; and(b) make an agreement regarding the amount payable to Council forcosts incurred by Council in altering the road level.

TIA129 Power to construct, maintain, and operate a road located on buswayland, if permitted by the chief executive, by way of a bridge or otherstructure that allows traffic to pass over or under the level at whichbuses use the busway land.


Yes

TIA130 Power to make an agreement with the chief executive concerning themaintenance of a road and a bridge or other structure located onbusway land, and the costs of removing the bridge or other structureonce it is no longer in use and the subsequent restoration of the buswayland.


Yes

Power to enter into a contract with the chief executive for the following:– Yes

(a) carrying out busway transport infrastructure works on a busway oron land that is intended to become a busway; or(b) carrying out other works that contribute to the effectiveness andefficiency of the busway network; or(c) carrying out the operation of a busway; or(d) which powers of Council are to be exercised by the chief executiveand which powers are to be exercised by Council for the busway –

even though the contracted works or operations, as stated in (a), (b) or(c), relate to areas outside Council’s area.

TIA126 Section 303AC(2) and (4) Transport Infrastructure Act 1994




















TIA132 Power, as an owner of land adjacent to a busway, to make a request tothe chief executive for work to be carried out on the land and enter intoa contract with the chief executive for the chief executive to carry outworks on the land.


Yes

Power to enter into an arrangement with the chief executive for thesharing of costs, including preliminary costs, of—

Yes

(a) acquiring land for busway transport infrastructure; or(b) busway transport infrastructure works on a busway; or(c) other works that contribute to the effectiveness and efficiency ofthe busway network; or(d) the operation of a busway.

TIA134 Power to obtain the chief executive’s written approval if Council intendsto approve the erection, alteration or operation of any advertising sign ordevice that is visible from a busway and may reasonably create a traffichazard, and the conditions applied by Council to the erection, alterationor operation of the sign or device do not comply with the chiefexecutive’s permission criteria.


Yes

Power, as a public utility provider, to do the following things on buswayland:-

Yes

(a) build, replace or take away, or alter, other than for maintenance orrepair, its public utility plant;(b) maintain or repair, or alter, for maintenance or repair, its publicutility plant;(c) take reasonable steps to stop obstruction or potential obstructionto, or interference or potential interference with, its public utility plant.

TIA136 Power, as a public utility provider, to seek written agreement from thechief executive for Council to do the things mentioned in subsection (1).


Yes

Power, as a public utility provider, to carry out urgent maintenance of itspublic utility plant on busway land without the written agreement of thechief executive, if acting in the interests of public safety and Council:-

Yes

(a) makes all reasonable attempts to obtain the chief executive’s oralagreement to the carrying out of the maintenance; and

(b) whether or not the chief executive’s oral agreement is obtained,acts as quickly as possible to advise the chief executive of the details ofthe maintenance being carried out.

TIA138 Power, as a public utility provider, to make a request to the chiefexecutive to give Council information about lines and levels for plannedbusway transport infrastructure on busway land necessary to enableCouncil to minimise possible adverse affects of the establishment of theinfrastructure on Council’s works.


Yes























TIA139 Power, as a public utility provider, to enter into an agreement with thechief executive for the reduction of the cost to the chief executive for thereplacement or reconstruction of a public utility plant owned by Councilon busway land.


Yes

TIA140 Power to seek compensation from the chief executive for interferencecaused to land in which Council has an interest, or Council occupiedland, by the establishment of busway transport infrastructure on buswayland.

Sections 332, 333 and 335 Transport Infrastructure Act 1994

Yes

Power, as an owner or occupier of land, to enter into an agreement withthe chief executive, with regards to the establishment or proposedestablishment of busway transport infrastructure on busway land, for:-

Yes

(a) the supply by the chief executive, or a contribution by the chiefexecutive towards the supply, of works for alternative access forCouncil’s land; or(b) the carrying out, or a contribution towards carrying out, of otherworks in relation to Council’s land for the purpose of access forCouncil’s land.

Power to:- Yes(a) enter into an agreement with the chief executive concerning theperiod upon which an agreement for compensation is to be entered intobetween the parties; (b) enter into an agreement with the chief executive for compensationwithin 60 days of the compensation application or within an agreedperiod; and(c) make an application to the Land Court for compensation.

TIA143 Power to apply to the chief executive for accreditation as the buswaymanager for a busway.

Section 335AC Transport Infrastructure Act 1994

Yes

TIA144 Power, as a busway manager, to apply to the chief executive for anamendment of the conditions of Council’s accreditation as a buswaymanager.

Section 335AJ Transport Infrastructure Act 1994

Yes

TIA145 Power, as a busway manager, to show the chief executive officer thatCouncil’s accreditation should not be suspended or cancelled.

Sections 335AL(2)(e) and 335AM(4) Transport Infrastructure Act 1994

Yes

TIA146 Power, as a busway manager, to surrender Council’s accreditation bywritten notice given to the chief executive.

Section 335AO Transport Infrastructure Act 1994

Yes

TIA147 Power to apply to the chief executive for authorisation as an authorisedbusway user for a busway.


Yes

TIA148 Power, as an owner of a thing seized by a busway safety officer, toinspect the seized thing and, if it is a document, to copy it.

Section 346V Transport Infrastructure Act 1994

Yes




























TIA149 Power to claim compensation from the State if Council incurs loss orexpense because of the exercise, or purported exercise, of a powerunder relevant busway legislation, including, for example in complyingwith a requirement made of Council under chapter 9, part 6.

Section 346Z Transport Infrastructure Act 1994

Yes

TIA150 Power, as an owner or occupier of land, to give permission to the chiefexecutive, or a person authorised by the chief executive, to enter,occupy, or use Council’s land in order to perform work other than urgentremedial work to facilitate or maintain the operation of light rail transportinfrastructure.


Yes

TIA151 Power, as an owner or occupier of land, to make a claim forcompensation from the chief executive for loss or damage caused bythe entry, occupation, or use, including by the taking or consumption ofmaterials, of Council’s land by the chief executive or a personauthorised by the chief executive for purposes relating to light railtransport infrastructure.


Yes

TIA152 Power, as an owner or occupier of land, to commence proceedings inthe Land Court against the chief executive for compensation in theabsence of a prior agreement between Council and the chief executivefor compensation.


Yes

Power, as a light rail manager, to:- Yes(a) enter into a sublease with the State for an established light rail, ora proposed light rail, on light rail land, including the power to negotiate,and agree upon, the terms of the sublease, such as an option to renew;and(b) if Council attaches light rail transport infrastructure to the landsubject of the original sublease, and subsequent subleases, enter intoan agreement with the chief executive concerning ownership of theinfrastructure.

Power to seek a licence from the chief executive in relation to light railland or light rail transport infrastructure for any of the followingpurposes—

Yes

(a) construction, maintenance or operation of any thing on the land;

(b) the use of the land or infrastructure for any purpose, including, forexample, a commercial or retail purpose;(c) maintenance, management or operation of the land orinfrastructure.

Power, in relation to a licence granted under section 355A(1), to:- Yes(a) surrender the licence; and(b) mortgage, sublicense or transfer the licence with the consent of thechief executive.

TIA155 Section 355A(3A) and (4) Transport Infrastructure Act 1994


TIA154 Section 355A(1) Transport Infrastructure Act 1994




















Power, as an owner or occupier of light rail land or light rail transportinfrastructure that is subject to a licence granted under section 355A, to:-

Yes

(a) claim compensation from the chief executive for loss or damagecaused by a relevant activity, including by the taking or consumption ofmaterials; and(b) enter into an agreement with the chief executive about the paymentof compensation; or(c) in the absence of an agreement about the payment ofcompensation, commence proceedings in the Land Court for paymentof compensation.

Power to:- Yes(a) consult with the chief executive concerning the nature and extentof the alteration of the level of the road for light rail transportinfrastructure works, or the management or operation of a light rail,before the alteration is commenced; and(b) make an agreement regarding the amount payable to Council forcosts incurred by Council in altering the road level.

TIA158 Power to construct, maintain, and operate a road located on light railland, if permitted by the chief executive, which consists of a bridge orother structure to allow traffic to pass over the level at which light railvehicles use the light rail land or a structure that allows traffic to passunder the level that light rail vehicles use the light rail land.


Yes

TIA159 Power, as a light rail manager, to consult with the chief executive beforethe chief executive makes a decision regarding whether to givepermission under subsection (1).

Section358(2) Transport Infrastructure Act 1994

Yes

Power to make an agreement with the chief executive in relation to thefollowing:-

Yes

(a) maintenance of a road and a bridge or other structure located onlight rail land; (b) the costs of removing the bridge, or other structure, once it is nolonger in use; and (c) restoring the light rail land following the removal of the bridge orother structure.

TIA161 Power, as a light rail manager, to consult with the chief executive beforea designation under subsection (1) is made.


Yes



TIA156 Section 355B(2) and (4) Transport Infrastructure Act 1994


















TIA162 Power to consult with the chief executive before the chief executiveincludes any directions in the gazette notice designating light rail land aslight rail land that is to be used as a road under the control of Council.


Yes

TIA163 Power, as a light rail manager, to consult with the chief executive beforea designation under subsection (1) is made.


Yes

Power to enter into a contract with the chief executive for the following:– Yes

(a) carrying out light rail transport infrastructure works on a light rail oron land that is intended to become a light rail; or(b) carrying out works on land affected by a light rail or proposed lightrail, including, for example, road works on a road; or

(c) carrying out other works that contribute to the effectiveness andefficiency of the light rail network; or(d) carrying out the operation of a light rail; or(e) carrying out the operation of a public passenger service using lightrail transport infrastructure; or(f) which powers of Council are to be exercised by the chief executiveand which are to be exercised by Council for the light rail –

even though the contracted works or operations, as stated in (a)-(e),relate to areas outside Council’s area.

TIA165 Power, as an owner of land adjacent to a light rail, to make a request tothe chief executive for work to be carried out on the land and enter intoa contract with the chief executive for the chief executive to carry outworks on the land.

Section 360A(5) Transport Infrastructure Act 1994

Yes

Power to enter into an arrangement with the chief executive for thesharing of costs, including preliminary costs, of:-

Yes

(a) acquiring land for light rail transport infrastructure; or(b) light rail transport infrastructure works on a on a light rail or landthat is intended to become a light rail; or(c) works on land affected by a light rail or a proposed light rail,including, for example, road works on a road; or(d) other works that contribute to the effectiveness and efficiency of thelight rail network; or(e) the operation of a light rail; or(f) the operation of a public passenger service using light rail transportinfrastructure.


TIA166 Section 360A(10) Transport Infrastructure Act 1994
















Power, as a light rail manager, to:- Yes(a) give written approval to allow a person to interfere with light railtransport infrastructure or light rail transport infrastructure works; and

(b) consult with the chief executive before approval is given.

TIA168 Power, as a light rail manager, to give a written notice to a person whohas interfered with light rail transport infrastructure, or light rail transportinfrastructure works, requiring the person to rectify the interference,following consultation with the chief executive.


Yes

Power, as a light rail manager, to:- Yes(a) rectify an interference with light rail transport infrastructure or lightrail transport infrastructure works; and(b) recover the reasonable costs of rectifying the interference as a debtfrom the person who was given written notice of the interference.

Power, as a public utility provider, to do the following on light rail land:- Yes

(a) build, replace or take away, or alter, other than for maintenance orrepair, its public utility plant;(b) maintain or repair, or alter, for maintenance or repair, its publicutility plant;(c) take reasonable steps to stop obstruction or potential obstructionto, or interference or potential interference with, its public utility plant.

Power, regarding the matters mentioned in subsection (1) of thesection:-

Yes

(a) as a public utility provider, to seek written agreement from eachlight rail authority for the light rail land for Council to undertake theactivities; or(b) as a light rail authority, to agree in writing to activities a public utilityprovider seeks to undertake.

Power, as a public utility provider, to carry out urgent maintenance of itspublic utility plant on light rail land without written agreement of eachlight rail authority for the light rail land, if acting in the interests of publicsafety and if Council:-

Yes

(a) makes all reasonable attempts to obtain each authority’s oralagreement to the carrying out of the maintenance; and(b) whether or not each authority’s oral agreement is obtained, acts asquickly as possible to advise each authority of the details of themaintenance being carried out.



TIA167 Section 362(1)(a) and (4) Transport Infrastructure Act 1994

TIA169 Section 363(6) and (8) Transport Infrastructure Act 1994



















TIA173 Power, as a public utility provider, to make a request to the chiefexecutive to give Council information about lines and levels for plannedlight rail transport infrastructure on light rail land necessary to enableCouncil to minimise possible adverse affects of the establishment of theinfrastructure on Council’s works.


Yes

TIA174 Power, as a light rail authority for light rail land, to consult with a publicutility provider regarding a proposal by the provider to replace the wholeor a substantial proportion of its public utility plant on light rail land.


Yes

Power, as a light rail authority, to require a public utility provider, at theprovider’s cost and within the time stated in a written notice, to takeaction to remedy an action undertaken by the provider pursuant tosection 366(1) of the Act:-

Yes

(a) without the written or oral agreement of Council; or(b) in a way inconsistent with an agreement between Council and theprovider.

TIA176 Power, as a light rail authority, to arrange for action the authorityconsiders necessary to remedy the action undertaken by a public utilityprovider pursuant to section 366(1), should the provider fail to complywith subsection (2) notice.


Yes

TIA177 Power, as a light rail authority, to ask a public utility provider owningpublic utility plant located on light rail land to give information definingthe location of the plant.


Yes

TIA178 Power, as a light rail authority, to agree to be liable for any damage topublic utility plants located on light rail land.

Sections 372, 373 and 374 Transport Infrastructure Act 1994

Yes

Power, regarding replacement or reconstruction of a public utility planton light rail land:-

Yes

(a) as a light rail manager, to enter into an agreement with a publicutility provider for the reduction of the cost to Council of the replacementor reconstruction of public utility plant owned by the provider; or

(b) as a public utility provider, to enter into an agreement with a lightrail authority for the reduction of the cost to the authority of thereplacement or reconstruction of a public utility plant owned by Council.

TIA180 Power, as a light rail manager, to give permission to a person to be onlight rail, light rail land, light rail transport infrastructure or light railtransport infrastructure works site.


Yes

TIA179 Section 376(2)(b) Transport Infrastructure Act 1994























TIA181 Power to enter into a light rail franchise agreement with the Minister. Section 377B Transport Infrastructure Act 1994

Yes

TIA182 Power to give the Minister a written notice claiming that part of a lightrail franchise agreement or an amendment to the agreement should betreated as confidential on the grounds of commercial confidentiality.

Section 377D(2)(a) Transport Infrastructure Act 1994

Yes

Power to:- Yes(a) apply to the chief executive for compensation for compensabletaking of overhead wiring easement or compensable overhead wiringdamage; or(b) make an agreement with the chief executive to:- (i) allow a longer period during which a compensationapplication can be settled; or (ii) settle a compensation application; or(c) apply to the Land Court for the compensation.

TIA184 Power to seek compensation from the chief executive for aninterference with access to land, in which Council has an interest,caused by the establishment of light rail transport infrastructure.

Sections 380 and 383(1) Transport Infrastructure Act 1994

Yes

Power, as an owner or occupier of land, to enter into an agreement withthe chief executive, with regards to the establishment or proposedestablishment of light rail transport infrastructure on light rail land, for:-

Yes

(c) the supply by the chief executive, or a contribution by the chiefexecutive towards the supply, of works for alternative access forCouncil’s land; or(d) the carrying out, or a contribution towards carrying out, of otherworks in relation to Council’s land for the purpose of access forCouncil’s land.

TIA186 Power to enter into an agreement with the chief executive with regardsto the period of time during which an agreement for compensation canbe made for an act done under chapter 10, part 4, division 5.


Yes

TIA187 Power to apply to the Land Court to decide a compensation claim undersubsection (1).


Yes

TIA187 Power, as an affected person, to enter into negotiations with the personproposing a development under Chapters 9 or 10 with regards to theentry to Council land.


Yes

TIA188 Power to apply to the chief executive for an investigator’s authority forthe land.


Yes


TIA183 Section 377R Transport Infrastructure Act 1994
























Power, as an affected person, to consult with the chief executive aboutthe proposed entry onto Council’s land by a person proposing adevelopment under Chapters 9 or 10.

Yes

(Chapter 9 - Busways and busway transport infrastructure)(Chapter 10 - Light Rail and light rail transport infrastructure)

Power:- Yes(a) as an affected person, to give written consent to an investigator oran associated person of the investigator to enter Council’s land; or

(b) as an authorised investigator, to enter land with the affectedperson’s written consent.

TIA191 Power, as an authorised investigator, to allow an associated person ofCouncil to act under Council’s authority.


Yes

TIA192 Power, as an affected person, to ask an individual who has entered, isentering or is about to enter Council’s land under an investigator’sauthority for identification or about the individual’s authority to enter theland.


Yes

TIA193 Power, as an investigator under chapter 11, to do anything necessary ordesirable to minimise the damage or inconvenience to an affectedperson’s land.


Yes

Power, as an affected person, to require the investigator, once theinvestigator has finished investigating, to rectify loss or damage suffered by Council as a consequence of:-

Yes

(a) the investigator entering the land;(b) the use made of the land by the investigator;(c) anything brought onto the land by the investigator; or(d) anything done or left on the land by the investigator under itsauthority.

TIA195 Power, as an affected person, to give the investigator a compensationnotice for the loss or damage to Council’s land that was not rectified.


Yes

Power, as an affected person or as an investigator under chapter 11, to:- Yes

(a) make an agreement with the other party in relation to thecompensation payable as a result of the failure to rectify the affectedperson’s land; or(b) make an application to the Land Court to decide the compensationamount.


























Power, as an operational licensee, to:- Yes(a) apply for an approval by a responsible entity to construct, maintain,use or operate miscellaneous transport infrastructure stated in thelicensee’s operational licence across, over or under an intersecting areaand(b) subject to any approval conditions, construct, maintain, use oroperate the miscellaneous transport infrastructure identified in theapplication across, over or under the area.

TIA198 Power, as a responsible entity for an intersecting area, to grant orrefuse an approval for an application by a licensee to construct,maintain, use, or operate miscellaneous transport infrastructure statedin the licensee’s operational licence across, over, or under anintersecting area.


Yes

TIA199 Power, as an operational licensee, to apply in writing to the Minister foran approval under section 420 should the responsible entity refuse theapplication or fail to grant the application within 20 business days afterthe application is made.


Yes

TIA200 Power to impose reasonable conditions on an approval given to alicensee’s application made by Council or the Minister.


Yes

Power to jointly, with a licensee applicant, appoint an independentarbitrator to resolve a dispute concerning approval conditions.

Yes

(This area deal with Miscellaneous transport Infrastructure eg.Pipelines, conveyors belts for chemical gas, petroleum or mineralslurry.)

TIA201 Power to make an application to the Minister and the Ministeradministering the Sustainable Planning Act 2009 , if Council and thelicensee applicant do not appoint an arbitrator within 10 business daysof the giving of a dispute notice, to appoint an independent arbitrator toresolve a dispute concerning approval conditions.


Yes

TIA202 Power, as an operational licensee, to make an agreement with the Stateregarding the ownership of miscellaneous transport infrastructure.


Yes

TIA203 Power to commence proceedings against a licensee to claim an amountincurred by Council for the cost, damage, liability, or loss because of theexistence, construction, maintenance, use or operation of themiscellaneous transport infrastructure by the licensee.


Yes
























TIA204 Power, as an owner or occupier of land, to give permission to the chiefexecutive, or a person authorised by the chief executive, to occupy oruse Council’s land for the purposes of Chapter 12.


Yes

Yes

TIA206 Power to apply to the chief executive for an exemption from complyingwith a provision of a regulation about transporting dangerous goods byrail


Yes

TIA207 Power to help, or attempt to help, in a situation in which an accident oremergency involving dangerous goods happens or is likely to happen.


Yes

TIA208 Power to consent to Council’s appointment as a manager of a publicmarine facility.


Yes

TIA209 Power, as the manager of a public marine facility, to exercise all itsfunctions, powers and obligations under the Local Government Act2009 ,and do anything Council considers necessary or convenient forthe facility’s effective and efficient management.


Yes

TIA210 Power, as the manager of a public marine facility, to impose fees for theuse of the facility, whether as a condition of an approval to use thefacility or otherwise, and recover the fee as a debt owing to Council.


Yes

TIA211 Power, as the manager of a public marine facility, to resign. Section 467 Transport Infrastructure Act 1994

Yes

TIA212 Power, as the manager of a public marine facility, to remove, within 3months of its resignation or the revocation of the appointment, anyimprovements to the facility added by Council that do not form anintegral part of the facility.


Yes

TIA213 Power, as an occupier of a place, to give consent to an authorisedperson under Chapter 15 to enter the place.

Section 475I Transport Infrastructure Act 1994

Yes

TIA214 Power, as an occupier of a place, to sign an acknowledgement of theconsent given to an authorised person under Chapter 15 to enter theplace.

Section 475J(3) and (5) Transport Infrastructure Act 1994

Yes

TIA205 Power, as an owner of land, to claim compensation from the chiefexecutive for physical damage caused to Council’s land by the entry,occupation, use, or for the taking or consumption of materials from theland under Chapter 12.





























TIA215 Power to make submissions to the chief executive in relation to aproposed declaration of a transport interface management area.

Section 475ZI(2) Transport Infrastructure Act 1994

Yes

TIA216 Power to enter into a transport interface agreement for a transportinterface.

Section 475ZJ Transport Infrastructure Act 1994

Yes

TIA217 Power, as an owner or occupier of land, to provide written agreement toa person authorised by the chief executive to enter the land and inspectCouncil works that threaten, or are likely to threaten, the safety oroperational integrity of transport infrastructure.

Section 476B(7)(b) Transport Infrastructure Act 1994

Yes

Power, as an owner or occupier of land, to undertake the followingconcerning the entry onto Council land pursuant to section 476B(7):-

Yes

(a) claim compensation for loss or damage caused by the entry onCouncil land; or(b) claim compensation for the taking or use of materials; or(c) require the chief executive to carry out works in restitution for thedamage; or(d) require the chief executive to carry out works in restitution for thedamage and then claim compensation for any loss or damage notrestituted.

TIA219 Power, as an owner or occupier of land, to enter into an agreement withthe chief executive with regards to the amount of compensation to beclaimed by Council pursuant to subsection (2).

Section 476C(4)(a) Transport Infrastructure Act 1994

Yes

TIA220 Power to appeal to the Minister against a notice requiring Council togive to the chief executive, or to a specified person, information on aparticular issue relevant to the discharge of functions or the exercise ofpowers under the Act or the Sustainable Planning Act 2009 .


Yes

TIA221 Power, as a relevant entity under this section and lease holder underthe Land Act 1994 of port land or land relating to a declared project thathas been subleased to a person, to grant a concurrent sublease of all orpart of the land to another person for all or part of the term of the lease.


Yes

TIA222 Power, as a relevant entity under this section and lease holder of landunder the Land Act 1994 in relation to a declared project, to grant alicence to enter and use the land.

Section 477E Transport Infrastructure Act 1994

Yes

TIA218 Section 476C(2) Transport Infrastructure Act 1994






















Power, as a holder, or proposed holder, of a licence to construct orestablish transport infrastructure under the Act, to:-

Yes

(a) seek consent from the chief executive allowing Council to submit acompliance management plan; and(b) submit a compliance management plan addressing 1 or morecompliance matters for the licence.

TIA224 Power to retain penalties received or recovered by Council in relation toCouncil’s tolling enforcement.


Yes

TIA225 Power, as the manager of a public marine facility, to retain fees or otheramounts recovered by Council pursuant to section 466 and not paid intothe consolidated fund.


Yes

TIA226 Power to ask the chief executive to review a decision described inschedule 3 that has affected Council’s interests.


Yes

TIA227 Power to apply to the Queensland Civil and Administrative Tribunal(“QCAT”), as provided under the QCAT Act , for a review of the chiefexecutive’s decision on a review under section 485.

Section485A Transport Infrastructure Act 1994

Yes

TIA228 Power to enter an appeal to the Planning and Environment Courtagainst the chief executive’s decision on a review under section 485.

Section 485B Transport Infrastructure Act 1994

Yes

TIA229 Power, as a railway manager, to make an agreement with the chiefexecutive regarding the period in which it must give the chief executivea written notice identifying the preserved train paths relating to Council’srailway.


Yes

TIA223 Section 477G Transport Infrastructure Act 1994





















TOMPA01 Power to consult with the chief executive in relation to the developmentof marine pollution prevention and response programs if the chiefexecutive believes that Council would be affected by the programs.

Section 17(4) Transport Operations (Marine Pollution) Act 1995

Yes

TOMPA02 Power to consult with the State, the port authority or port operator, ifrequired, in preparing a response to a discharge or probable dischargeof pollutant into coastal waters.

Section 93(5) Transport Operations (Marine Pollution) Act 1995

Yes





TOMSA01 Power, as shipping inspector, to exercise powers of shipping inspectorsunder the Transport Operation (Marine Safety) Act 1994 .

Transport Operation (Marine Safety) Act 1994

Yes

TOMSA02 Power to consult with chief executive in developing marine safetyimplementation programs, if the chief executive considers Councilwould be affected by the programs.

Section 25(4) Transport Operations (Marine Safety) Act 1994

Yes

TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995

TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TranstOpMPA95.pdf�




http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TranstOpMSA94.pdf�












TOMSR01 Power to give the general manager a proposal for an area (a proposedarea) to be a marine zone under section 222A of the Transport Operations (Marine Safety) Regulation 2004 .

Section 222B Transport Operations (Marine Safety) Regulation 2004

Yes

TOMSR02 Power to consult with the proposing entity, if it is a government entity,about a proposal under section 222B of the Transport Operations(Marine Safety) Regulation 2004 .

Section 222C(1)(a)(iii) Transport Operations (Marine Safety) Regulation 2004

Yes





YesTORUM01 Power to install and remove official traffic signs on Council’s roads, off-street regulated parking areas and, with the chief executive’s writtenconsent, on declared roads.

Section 69 Transport Operations (Road Use Management) Act 1995

TRANSPORT OPERATIONS (MARINE SAFETY) REGULATIONS 2004

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TranstOpMSyR04.pdf�





http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TrantOpRUA95.pdf�









Yes

Yes

Yes

TORUM05 Power to commence proceedings against a person who has injured oneof Council’s official traffic signs.

Section 76(1) Transport Operations (Road Use Management) Act 1995

Yes

TORUM04 Power to remove unauthorised traffic signs. Section 75(1) Transport Operations (Road Use Management) Act 1995

TORUM02 Power to install official traffic signs where reasonably satisfied that thereis a danger, hindrance, obstruction to traffic or other emergency.


TORUM03 Power to take proceedings against a person who has committed anoffence under section 74(1) of Transport Operations (Road UseManagement) Act .















Yes

TORUM07 Power to regulate parking in its area on a road (other than a declaredroad), on a declared road (with the chief executive’s written permission)or on an off-street regulated parking area.


Yes

TORUM08 Power to regulate parking by installing official traffic signs indicating howparking is regulated.


Yes

TORUM09 Power to exercise control over land for use as an off-street parking areaunder an arrangement with a person who owns or has an interest in theland.


Yes

TORUM10 Power to install a parking meter or parkatarea for a designated parkingspace if it is installed in a way specified by the MUTCD or approved bythe chief executive.


Yes

TORUM11 Power to enter into an agreement with the commissioner of police inrespect of annual or periodical payments to the commissioner of policefor costs incurred in the carrying out of duties by police officersenforcing parking regulations.


Yes

TORUM06 Power to remove and detain at a place for safe keeping any vehicles,trams and animals and any goods, equipment or thing contained in, onor about the vehicle, tram or animal at the time of removal that areconsidered on reasonable grounds to be abandoned on a road or left ona road unattended or found on a road, where their presence ishazardous any vehicles, trams and animals that are abandoned on aroad.




















TORUMVRR01Power to enter into an arrangement with the Chief Executive to give an extract from a relevant register of information about a vehicle to the local government or a person acting for the local government for the purpose of the local government enforcing tolling offences committed in relation to a local government tollway in the local government’s area

Section 116(2) Transport Operations (Road Use Management – Vehicle Registration) Regulation 2010

Yes





Yes





ULDAA01 Power to make a submission to the Minister about a proposed changeto Council’s planning instrument to provide for land that is to no longerbe in an urban development area.

Section 11 Urban Land Development Authority Act 2007

Yes

ULDAA02 Power to agree to the making of a regulation that makes an interim locallaw for land that ceases to be in an urban development area, about anymatter provided for under by-laws applicable to the land when it was inan urban development area.

Section 12(3) Urban Land Development Authority Act 2007

Yes

TA01 Power, where appointed trustee for certain purposes, to administer trustproperty.

Section 116 Trusts Act 1973

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT - VEHICLE REGISTRATION) REGULATION 2010

TRUST ACT 1973

URBAN LAND DEVELOPMENT AUTHORITY ACT 2007

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TrantOpRUVRR10.pdf�



http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/U/UrbanLandDevA07.pdf�




http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TrustsA73.pdf�


http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TrustsA73.pdf�







ULDAA03 Power to consult with the authority in relation to its proposeddevelopment scheme for land in Council’s local government area.


Yes

ULDAA04 Power to perform a function of the authority where the authority hasdelegated that function to Council’s Chief Executive Officer or anappropriately qualified officer of Council.


Yes





NOTE: By virtue of the South-East Queensland Water (Distribution andRetail Restructuring) Act 2009 the following councils do NOT havepowers as “service provider” under the Water Act 2000 :

Yes


WA02 Power, as a constructing authority, to take water for constructing ormaintaining infrastructure without a water entitlement.

Section 20(8) Water Act 2000 Yes

WA03 Power, as a service provider directed to impose water restrictions undersection 25D, to provide the Minister with a response stating the way itintends to ensure the restrictions are complied with.

Section 25C(iii) Water Act 2000 Yes

Power, as a service provider directed to achieve outcomes, to providethe Minister with a response stating:

Yes

1. Its intended actions to achieve those outcomes; and2. If the actions include restrictions; how It intends to ensurecompliance with the restrictions.

WA04 Section 20C(v) Water Act 2000

WA01

WATER ACT 2000





http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WaterA00.pdf�









Power, as a service provider and to the extent stated in a declaration orregulation, to recover, as a debt due, from Council’s customers or otherservice providers:

Yes

(a) contributions made by the State; and(b) costs in section 25O(1) Water Act 2000 to the extent approved bythe Minister; and(c) the rate of return.

WA06 Power, as a service provider, to apply to the Minister for compensationfor loss or damage because of actions taken under Chapter 2, Part 2,Division 2A Water Act 2000 .

Section 25R Water Act 2000 Yes

WA07 Power, as a service provider who has made an application undersection 25R, to provide the information the Minister requires to decidethe application.

Section 25T Water Act 2000 Yes

WA08 Power, as a service provider outside the SEQ region or a designatedregion, to apply for written approval to restrict the use of subartesianwater.

Section 25ZA Water Act 2000 Yes

WA09 Power, as a service provider outside the SEQ region or a designatedregion, with the written approval of the chief executive, to impose arestriction on the use of subartesian water.

Section 25ZE Water Act 2000 Yes

WA10 Power, as owner of land a moratorium notice affects and completing works that will not be completed by the date stated in the moratorium notice, to seek an extension of time to complete the works.

Section 27 Water Act 2000 Yes

WA11 Power, as a holder of an authority or entitlement to take or interfere with water, to provide information requested by the chief executive under section 36 of the Water Act 2000 .


WA12 Power, as a service provider, to provide information requested by the chief executive under section 36 of the Water Act 2000 .

Section 36A Water Act 2000 Yes

WA13 Power to make submissions in response to a notice of the Minister’s intention to prepare a draft water resource plan or further proposed draft water resource plan.

Section 40 & 40A Water Act 2000 Yes

WA05 Section 25O Water Act 2000















WA14 Power to make submissions in response to a notice of the Minister’s draft water resource plan or further draft water resource plan.


WA15 Power to make submissions in response to a notice of the Minister’sintention to prepare an amending water resource plan or new draftwater resource plan.


WA16 Power to make submissions in response to a notice of the Minister’sintention to prepare a draft water use plan.


WA17 Power to make submissions in response to a notice of the Minister’sdraft water use plan.


WA18 Power to make submissions in response to a notice of the Minister’sintention to prepare an amending water use plan or new draft water useplan.


WA19 Power to make submissions in response to a notice of the chiefexecutive’s intention to prepare draft guidelines for land and watermanagement plans.


WA20 Power to apply for the approval of a land and water management planfor the use of water on land.


WA21 Power to provide any additional information the chief executive mayrequire in relation to a an application under section 74.


WA22 Power to apply to amend a land and water management plan. Section 78 Water Act 2000 Yes

WA23 Power to make submissions in response to a notice of the chiefexecutive’s intention to prepare a draft resource operations plan.

















WA24 Power, as the holder of an interim resource operations licence, aresource operations licence or other authorisation to operate waterinfrastructure, to provide proposed arrangements for the managementof the water.


WA25 Power to make submissions in response to a notice of the chiefexecutive’s draft resource operations plan.


WA26 Power, as existing water entitlement holder and in response to a noticefor a draft resource operations plan that establishes water allocations, togive the chief executive notice of its wish to be recorded on the waterallocations register as other than as tenant in common in equal shares.

Section 101(1)(a) Water Act 2000 Yes

WA27 Power, as existing interest holder and in response to a notice for a draftresource operations plan that establishes water allocations, to give thechief executive notice of intention to take action to have the interestrecorded on the water allocations register.

Section 101(1)(b) Water Act 2000 Yes

WA28 Power, as existing interest holder who gives the chief executive a noticeunder section 101(1)(b) of the Water Act 2000 , to give the chiefexecutive notice of the consent of the water allocation holder or otherauthority to take water.

Section 101(1)(c) Water Act 2000 Yes

WA29 Power to make submissions in response to a notice of the chiefexecutive’s intention to amend a resource operations plan.


WA30 Power to apply for a distribution operations licence other than onegranted under a resource operations plan.


WA31 Power, as an applicant for a distribution operations licence, to providewhatever information the chief executive may request.

Section 108B Water Act 2000 Yes

WA32 Power to make submissions in response to the chief executive’sintention to amend a condition of a resource operations licence or adistribution operations licence.
















WA33 Power, as the holder of a resource operations licence or distributionoperations licence, to consent to amendments the chief executivewishes to make to the licence.


WA34 Power, as resource operations licence holder or distribution operationslicence holder or interim resource operations licence holder, to apply tothe chief executive to transfer all or part of a resource operationslicence or distribution operations licence or interim resource operationslicence.

Section 114 & 186 Water Act 2000 Yes

WA35 Power, as the holder of a resource operations licence or distributionoperations licence, to provide the chief executive any additionalinformation about an application made under section 114 of the WaterAct 2000.


WA36 Power, as resource operations licence holder or a distributionoperations licence, to apply to the chief executive to amalgamate two ormore resource operations licences or distribution operations licences inthe same water supply scheme.


WA37 Power, as the holder of a resource operations licence or distributionoperations licence, to provide written consent for its licence to beamalgamated with another licence in the same water scheme.

Section 118A(2)(b) Water Act 2000 Yes

WA38 Power to make submissions in response to a show cause notice issuedby the chief executive in relation to the proposed cancellation of aresource operations licence or distribution operations licence.


WA39 Power, as resource operations licence holder or distribution operationslicence holder or interim resource operations licence holder, to agreewith the chief executive to cancel a resource operations licence ordistribution operations licence or interim resource operations licence.

Section 119B & 186 Water Act 2000 Yes

WA40 Power, as resource operations licence holder or water allocation holder,to enter into a supply contract with a resource operations licence holderor allocation holder, where a different entity, for an allocation.

Section 122A(4)(a) Water Act 2000 Yes














WA41 Power, as a party to a supply contract, to review the contract within 1year of the contract taking effect.

Section 122A(5) Water Act 2000 Yes

WA42 Power, as resource operations licence holder, to require a waterallocation holder to provide reasonable security for supplying andstoring the water allocation.


WA43 Power, as water allocation holder, to provide the chief executive withinformation required by the chief executive to correct the name of theentitlement holder.


WA44 Power, as distribution licence holder, to agree that the water allocationholder has satisfied their obligation to pay a charge under thedistribution arrangements between the parties.

Section 127C Water Act 2000 Yes

Power, as water allocation holder, to apply to the chief executive to: Yes

(a) amalgamate 2 or more water allocations into a single waterallocation; or(b) subdivide a water allocation into 2 or more water allocations.

WA46 Power, as water allocation holder, to notify the chief executive of aproposal to transfer or lease a water allocation not managed under aresource operations licence.


WA47 Power, as water allocation holder, to apply to the chief executive tochange the allocation in accordance with the change rules of a resourceoperations plan.


WA48 Power, as water allocation holder, to apply to the chief executive tochange the allocation where the change is not mentioned in a resourceoperations plan.


WA49 Power, as water allocation holder who has made an application undersections 129A or 130 to provide the chief executive with the additionalinformation requested.


WA50 Power to make submissions in response to a notice advising anapplication to change a water allocation under section 130 Water Act2000 .


WA45 Section 128A Water Act 2000
















WA51 Power, as water allocation holder or an interim water allocation licenceholder, to make submissions in response to a show cause notice givenwhere Council has been convicted of an offence against the Water Act2000 .


WA52 Power, as resource operations licence holder or distribution operationslicence holder, to sell a water allocation in accordance with the supplycontract or distribution arrangements.


WA53 Power, as water allocation holder or seasonal water assignment holder,to apply to the chief executive for a seasonal water assignment.


WA54 Power, as water allocation holder who has made an application undersection 142 to provide the chief executive with the additional informationrequested.


WA55 Power, as water allocation holder, to enter into an arrangement for aseasonal water assignment in relation to the water allocation.


WA56 Power, as resource operations licence holder, to consent to anarrangement for a seasonal water assignment with a water allocationholder where the seasonal water assignment rules require the consent.

Section 146B(2)(b) Water Act 2000 Yes

WA57 Power, as existing interest holder, to lodge a caveat claiming an interestin a water allocation.

Section 150A(3) Water Act 2000 Yes

Yes

WA59 Power, as interim resource operations licence holder, to apply to amendthe interim resource operations licence.


WA58 Power to search and obtain a copy of a water allocation, an instrumentin relation to an allocation and information about the allocation.

Section 153 Water Act 2000















WA60 Power, as interim resource operations licence holder who has made anapplication under section 179, to provide any additional informationrequested by the chief executive.


WA61 Power to make submissions in response to a public notice by the chiefexecutive to amend an interim resource operations licence.


WA62 Power, as interim resource operations licence holder to respond to ashow cause notice issued by the chief executive about its intention toamend the interim resource licence.


WA63 Power to make submissions in response to a public notice by the chiefexecutive to amend an interim resource operations licence.


WA64 Power, as the holder of a interim resource operations licence, to applyto the chief executive to amend the water sharing rules in a water yearor part of a water year.

Section 185A(1)(a)(ii) Water Act 2000 Yes

WA65 Power, as interim resource operations licence holder or resourceoperations licence holder, to apply to transfer all or part of an interimwater allocation not attached to land, to any of the listed entities.


WA66 Power, as interim water allocation holder, to transfer to other land, all orpart of the authority to take water under the allocation.


WA67 Power, as interim water allocation holder, to surrender the allocation. Section 197 Water Act 2000 Yes

WA68 Power, as interim water allocation holder, to enter into an arrangementfor a seasonal water assignment in relation to the allocation.


WA69 Power, as interim resource operations licence holder or resourceoperations licence holder, to consent to an arrangement under section200(1) Water Act 2000 .

















WA70 Power, as owner of land or owner of contiguous parcels of land, to applyfor a water licence to take water and use water on the land or interferewith the flow of water on under or adjoining the land.


WA71 Power, as a listed entity, to apply for a water licence to take water orinterfere with the flow of water.


WA72 Power to make submissions in relation to another entity’s application fora water licence under section 206 of the Water Act 2000 .


WA73 Power, as relevant entity for a recycled water scheme or entitynominated by such a relevant entity, to apply for a transmission waterlicence for taking water from a receiving water source.


WA74 Power, as water licence holder, to apply to amend a water licence. Section 216 Water Act 2000 Yes

WA75 Power to make written submissions in relation to another entity’sapplication to amend a water licence.


WA76 Power, as water licence holder, to make submissions in response to ashow cause notice issued by the chief executive in relation to aproposed amendment to the water licence.


WA77 Power, as water licence holder, to apply for renewal of a water licence. Section 220 Water Act 2000 Yes

WA78 Power, as water licence holder, to apply for reinstatement of an expiredwater licence.


WA79 Power, as water licence holder, to apply to transfer a water licence. Section 222 Water Act 2000 Yes

WA80 Power, as water licence holder, to apply to amalgamate 2 or more waterlicences.


















WA81 Power, as water licence holder, to apply to divide a water licence into 2or more water licences.


WA82 Power, as water licence holder, to surrender a water licence. Section 226 Water Act 2000 Yes

WA83 Power, as owner of land to which an expired water licence related, toapply for 1 or more licences to replace the expired licence.


WA84 Power, as water licence holder or seasonal water assignment noticeholder, to apply for a seasonal water assignment.


WA95 Power to apply for a water permit for taking water for an activity with areasonably foreseeable conclusion date.


WA96 Power, as water permit holder or the holder of a seasonal waterassignment notice, to surrender the water permit.


WA97 Power, as water licence holder or water permit holder, to apply for areplacement licence or permit where the licence or permit has been lostor destroyed.


Power to apply to the chief executive for a permit to: Yes(a) destroy vegetation in a watercourse, lake or spring;(b) excavate in a watercourse, lake or spring;(c) place fill in a watercourse, lake or spring.

WA99 Power, as permit holder under section 266 of the Water Act 2000 , torespond to a show cause notice issued by the chief executive as to whythe conditions of the permit should not be amended, or the permitshould not be cancelled.


WA101 Power to apply for an allocation of quarry material. Section 280 Water Act 2000 Yes

WA102 Power, as quarry material allocation notice holder, to apply to transferall or part of the allocation to another person.


WA98 Section 266 Water Act 2000

















WA103 Power, as quarry material allocation notice holder, to apply to renew theallocation notice.


WA104 Power, as quarry material allocation notice holder, to respond to a showcause notice issued by the chief executive as to why the allocationnotice should not be amended, suspended or cancelled.


WA105 Power, as operations licensee, to apply to amend an operations licence. Section 333 Water Act 2000 Yes

WA106 Power, as operations licensee, to make submissions in response to anotice issued by the chief executive regarding proposed the proposedamendment to a licence.


WA107 Power, as operations licensee, to apply to transfer the operationslicence.


WA108 Power, as operations licensee, to surrender an operations licence. Section 338 Water Act 2000 Yes

WA109 Power, as local government, to consult with the Minister before theMinister designates regions for which the commission is to perform itsfunctions, where the region is wholly or partly within Council’s localgovernment area.

Section 360D(4) Water Act 2000 Yes

Yes

Yes

Yes

WA110 Power, as water or sewerage service provider, to agree to a designationas the preferred entity to build or carry out water supply works orsewerage, or proposed water supply works or sewerage, the subject ofthe regional water security program for the SEQ region or a designatedregion.

Section 360Q Water Act 2000

WA111 Power, as water service provider in a designated region, to, withoutdirection from the commission, give a relevant customer or type ofcustomer a written notice to prepare and return a water efficiency plan.

Section 360ZCB Water Act 2000

WA112 Power, as the water service provider giving a written notice undersection 360ZCB of the Water Act 2000 , to require the customer to giveadditional information about a water efficiency plan before decidingwhether to approve or not approve the plan.

Section 360ZCD(1) Water Act 2000
















Yes

Yes

Yes

Yes

Yes

Yes

Yes

WA120 Power, as water service provider or an entity constructing or proposingto construct a water service, to ask the commission to recommend thatall or part of a water service, supplied by or proposed to be supplied bywater supply works, be declared by the Minister.

Section 360ZCN Water Act 2000 Yes

WA121 Power, as water service provider or an entity constructing or proposingto construct a water service, to withdraw or amend a request undersection 360ZCN.

Section 360ZCN(4) Water Act 2000 Yes

WA113 Power, as the water service provider giving a written notice undersection 360ZCB of the Water Act 2000 ,to approve, with or withoutconditions, or refuse the water efficiency management plan.

Section 360ZCD(2) Water Act 2000

WA114 Power, as a water service provider on written direction from thecommission, to give a customer written notice requiring the customer toamend its water efficiency management plan prepared under section360ZCB of the Water Act 2000 .

Section 360ZCG and 360ZCH Water Act 2000

WA117 Power, as water service provider that approved a water efficiencymanagement plan, to require more information or information to beverified by statutory declaration, where a customer has applied for awater efficiency management plan to be cancelled.

Section 360ZCKA Water Act 2000

WA118 Power, as water service provider that approved a water efficiencymanagement plan, to require a customer to whom a water efficiencymanagement plan applies to pay an annual administration fee for theplan.

Section 360ZCKB Water Act 2000

WA115 Power, as water service provider, where a customer has requested anamendment of an approved water efficiency management plan or that anew water efficiency management plan be prepared, to approve therequest.

Section 360ZCI Water Act 2000

WA116 Power, as water service provider that approved a water efficiencymanagement plan, to issue the customer with a notice requiring them tocomply with the water efficiency management plan, where it is believedthe customer has not complied.

Section 360ZCJ Water Act 2000

WA119 Power, as water service provider, to exercise those powers that thecommission has delegated to Council.

Section 360ZCKC Water Act 2000
















WA122 Power to apply for registration as a grid participant. Section 360ZDF Water Act 2000 Yes

WA123 Power, as grid service provider, to supply a declared water service tothe grid manager.

Section 360ZDG Water Act 2000 Yes

WA124 Power, as grid participant, to, in a contract, expressly vary or excludethe operation of subsection 360ZDI(1) of the Water Act 2000 in relationto liability of the participant to another party to the contract.

Section 360ZDI(3) Water Act 2000 Yes

WA125 Power, as responsible entity for an approved report, which the chiefexecutive considers requires amendment, to make a submissionregarding the proposed amendment.


WA126 Power, as party to the dispute or who attended the conference or ADRunder section 425 of the Water Act 2000 , to apply to the Land Court todecide the matter the subject of the election notice issued under section425 of the Water Act 2000 .


Yes

WA128 Power to make a submission in response to the chief executive’s noticeto establish a water authority.


WA129 Power to make a submission in regarding a proposed amalgamation ordissolution of water authorities.


WA130 Power, as local government, to agree to the transfer of all or part of thewater authority’s functions to Council.


WA131 Power, as interested person who has been given an information noticeor compliance notice by the chief executive, to apply for an internalreview of the original decision to give the notice.


WA127 Power to inspect the details contained in a publicly available part of thedatabase of information relevant to monitoring underground water, andto, on payment of the required fee, obtain a copy.

Section 445(3) Water Act 2000
















WA132 Power, as interested person who applied for an internal review undersection 862 of the Water Act 2000 , to appeal against, or apply for areview of, the review decision.


WA133 Power, if one of the stated authorities, to have a supply contract withSEQ Water for Council’s water entitlement.

Section 992C Water Act 2000 Yes





WFA01 Power, as public potable water supplier, to apply in writing to theMinister for an exemption from the requirement under section 7 to addfluoride to the water supply on certain grounds.

Section 8(1) Water Fluoridation Act 2008 Yes

WFA02 Power, as public potable water supplier, to add fluoride to the publicpotable water supply.

Section 11 Water Fluoridation Act 2008 Yes

WFA03 Power, as public potable water supplier, to make written representationsabout the show cause notice issued under section 15 of the Water Fluoridation Act 2008 to the Minister in the show cause period.

Section 16(1) Water Fluoridation Act 2008 Yes

WFA04 Power, as local government, to nominate a person for membership ofthe Queensland Fluoridation Committee.

Section 78 Water Fluoridation Act 2008 Yes

WATER FLUORIDATION ACT 2008



http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WatrFluorA08.pdf�











NOTE: By virtue of the South-East Queensland Water (Distribution andRetail Restructuring) Act 2009 the following councils do NOT havepowers as “service provider” under the Water Regulation 2002 :

Yes


WR02 Power, as interim water allocation holder, to transfer to other land, all orpart of the authority to take water under the allocation.

Section 8 Water Regulation 2002 Yes

WR03 Power, as a service provider mentioned in schedule 10B of the Water Regulation 2002 when carrying out item 11 in that schedule, to, bywritten notice, direct a customer to provide the name of a tenant ofpremises, and to direct the customer to carry out certain works.

Section 87A Water Regulation 2002 Yes

WR01

WATER REGULATION 2002

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WaterR02.pdf�









NOTE: By virtue of the South-East Queensland Water (Distribution andRetail Restructuring) Act 2009 the following councils do NOT havepowers as “service provider” under the Water Supply (Safety andReliability) Act 2008 :

Yes


WSSRA02 Power, as local government that owns infrastructure for supplying wateror sewerage services, to apply for registration as a service provider.

Section 20 Water Supply (Safety and Reliability) Act 2008

Yes

WSSRA03 Power, as service provider, to apply to the regulator to cancel theregistration as a service provider if not supplying, and does not intend tostart supplying, the service for which the provider is registered.


Yes

Yes

Yes

Yes

Yes

Power, as service provider, to recover from a person, as a debt,Council’s costs in disconnecting the unauthorised connection, and thevalue of any service used by the person through the connection.

Section 33(4) and (5) Water Supply (Safety and Reliability) Act 2008

Section 33(2) Water Supply (Safety and Reliability) Act 2008

WSSRA07

WSSRA05

WSSRA06 Power, as service provider, to give a person a notice requiring them torectify equipment or remove vegetation or other things.


Power, as service provider, to recover from a person, Council’s costs indoing the work required to be done in a notice issued under section34(2) of the Water Supply (Safety and Reliability) Act 2008 .


WSSRA04 Power, as service provider, to give a person a notice requiring them toprovide a reason why Council should not disconnect their unauthorisedconnection.

WSSRA01

WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WaterSupSRA08.pdf�


















Yes

WSSRA09 Power, as authorised person of a service provider in particularcircumstances, to enter a place to inspect, operate, change, maintain,remove, repair or replace a service provider’s infrastructure, or install adevice under section 169 of the Water Supply (Safety and Reliability)Act 2008 .


Yes

Yes

WSSRA11 Power, as authorised person of a service provider, to enter a place atany reasonable time to read a meter, check the accuracy of the meter,or maintain or replace the meter.


Yes

Yes

Power, as water service provider, to restrict: Yes(a) the volume of water taken or supplied to a customer;

(b) the hours when water may be used on premises for statedpurposes; or(c) the way water may be used on premises.

Power, as service provider, to give a person an entry notice. Section 36(2)(b) Water Supply (Safety and Reliability) Act 2008

WSSRA13

WSSRA10

WSSRA12 Power, as service provider, to recover from a person as a debt, theamount of the loss or reasonable cost of repairing damage to Council’sinfrastructure caused by the person.



WSSRA08 Power, as service provider, to install or approve the installation of ameter on infrastructure supplying water to premises.

Section 35Water Supply (Safety and Reliability) Act 2008


















Yes

Power, as service provider, to shut off water supply without notice ifthere is:

Yes

(a) a serious risk to public health;(b) likelihood of serious injury to persons or damage toproperty; or(c) another emergency.

WSSRA16 Power, as service provider, to appoint an authorised person. Section 45 Water Supply (Safety and Reliability) Act 2008

Yes

Yes

Yes

Yes

Yes

WSSRA21 Power, as service provider, to change the strategic asset managementplan after it is approved, with the agreement of the regulator.


Yes

Power, as service provider, where the water efficiency managementplan is not approved, to extend the 20 business day period within whichthe customer must amend the plan to address the reasons for thedecision and give the revised plan to Council under section 54(4) of theWater Supply (Safety and Reliability) Act 2008 .


WSSRA20 Power, as service provider, to recover from the customer, as a debt, anapplication fee for the approval of a water efficiency management plan.


WSSRA17 Power, as service provider, to give a customer, or type of customer, awritten notice, approved by the chief executive, to prepare a plan and togive it to Council within a reasonable period.

WSSRA18 Power, as service provider, to require the customer to give additionalinformation about the plan within a reasonable period, for decidingwhether or not to approve a water efficiency management plan.


WSSRA14 Power, as a water service provider, to shut off water supply to premisesfor the time reasonably necessary to perform work on the infrastructure.

WSSRA15 Section 44(3) Water Supply (Safety and Reliability) Act 2008

WSSRA19 Section 54(5) Water Supply (Safety and Reliability) Act 2008























WSSRA22 Power, as water service provider that supplies more than just drainageservices, to apply to the regulator for an exemption from providing asystem leakage management plan.


Yes

WSSRA23 Power, as chief executive officer, to certify an application for exemptionunder section 83(1) of the Water Supply (Safety and Reliability) Act2008 as being accurate for Council’s infrastructure and registeredservices, where the application is for approval under section 84(1)(b)(i),(ii), (iii), (v) or (vi) of the Water Supply (Safety and Reliability) Act 2008 .


Yes

WSSRA24 Power, as water service provider that supplies more than just drainageservices, to provide information requested by the regulator.


Yes

WSSRA25 Power, as water service provider that supplies more than just drainageservices, to amend the system leakage management plan afterapproval, with the regulator’s agreement.


Yes

WSSRA26 Power, as drinking water service provider, to make submissions inresponse to a show cause notice issued by the regulator regardingproposed amendments to the drinking water quality management plan.


Yes

WSSRA27 Power, as drinking water service provider that obtains water for thedrinking water service from a water storage or other infrastructure notpart of a water service for which there is a drinking water qualitymanagement plan, to give notice to the owner of the water storage orother infrastructure asking for information reasonably required about thequality of the water.


Yes

WSSRA28 Power, as chief executive officer, to certify the drought managementplan as being Council’s drought management plan as a water serviceprovider.


Yes




















WSSRA29 Power, as a service provider that supplies more than just drainageservices, to change the drought management plan after it is registered.


Yes

WSSRA30 Power, as water service provider, to consult with the regulatorconcerning water security and the implementation of adequatemeasures to ensure the efficient use of water by Council’s customers.

Section 133(1AA)(b) Water Supply (Safety and Reliability) Act 2008

Yes

WSSRA31 Power, as water service provider, to apply for an internal review of thedecision made by the regulator under section 134(4).

Section 133(4) and schedule 3 definition for “information notice” (a)(iv) Water Supply (Safety and Reliability) Act 2008

Yes

WSSRA32 Power, as water service provider, to change an outdoor water useconservation plan after it is approved, with the regulator’s agreement.


Yes

WSSRA33 Power, as service provider providing a retail water service, to fix a meterand/or seal to a private fire fighting system.


Yes

Yes

Yes

YesPower, as service provider, to issue a notice to the owner of premises inCouncil’s service area, requiring the owner to carry out works forconnecting the premises to a registered service.


WSSRA35 Power, as service provider, to impose conditions on the installation ofwater storage tanks and pumps, where the customer wants to connectto Council’s water supply services.



WSSRA36

WSSRA34 Power, as service provider, to recover from a customer the reasonablecosts of complying with its obligations under section 164 of the Water Supply (Safety and Reliability) Act 2008 .























Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

WSSRA37 Power, as service provider, to issue a notice to an owner or occupier,requiring them to stop contravening a restriction or pay the rate ofcharge.


WSSRA43 Power, as service provider, to give or refuse written consent for aperson to connect or disconnect from Council’s infrastructure.


WSSRA40 Power, as sewerage service provider, to give a trade waste approval onconditions.

WSSRA41 Power, as sewerage service provider, to suspend or cancel a tradewaste approval subject to section 183.


WSSRA38 Power, as service provider, to reduce the water supply to premises tothe minimum level necessary for health and sanitation purposes, wherethe owner or occupier has not complied with a notice issued undersection 169(1) of the Water Supply (Safety and Reliability) Act 2008 .

WSSRA39 Power, as sewerage service provider, to give a person a trade wasteapproval to discharge trade waste into Council’s sewerageinfrastructure.



WSSRA44 Power, as service provider, to give or refuse written consent for aperson to interfere with Council’s infrastructure.



WSSRA42 Power, as sewerage service provider, to immediately suspend or cancela trade waste approval if urgent action is necessary in the interests ofpublic health or safety, to prevent environmental harm, or to preventdamage to the sewerage system.























WSSRA45 Power, as a service provider, to give or refuse written consent for aperson to:


Yes

(a) build over;(b) interfere with access to;(c) increase or reduce the cover over; or(d) change the surface of land in a way causing ponding ofwater over an access chamber for;Council’s infrastructure.

WSSRA46 Power, as service provider, to give or refuse written consent for aperson to discharge water from an ornamental pond, swimming pool orfiltration system of a swimming pool into Council’s infrastructure.


Yes

Yes

WSSRA48 Power, as the scheme manager for a multiple-entity recycled waterscheme, to prepare a recycled water management plan for the scheme.


Yes

WSSRA49 Power, as the relevant entity of a recycled water scheme, to respond tothe regulator’s request for additional information or to verify anyinformation by statutory declaration.


Yes

WSSRA50 Power, as a recycled water provider for a single-entity recycled waterscheme, to give the regulator notice of Council’s stoppage or proposedstoppage of production or supply of recycled water.


Yes

WSSRA51 Power, as the relevant entity for recycled water scheme, to amend therecycled water management plan with the regulator’s agreement.


Yes

WSSRA52 Power, as a recycled water provider for a single-entity recycled waterscheme, to make a submission in response to the regulator’s showcause notice issued under section 210(2) of the Water Supply (Safetyand Reliability) Act 2008 .


Yes

WSSRA53 Power, as the scheme manager or declared entity for a multiple-entityrecycled water scheme, to make a submission in response to theregulator’s show cause notice issued under section 211(2) of the Water Supply (Safety and Reliability) Act 2008 .


Yes

WSSRA47 Power, as service provider, to give or refuse written consent for aperson to take water from Council’s infrastructure.

























WSSRA54 Power, as the relevant entity or declared entity for a recycled waterscheme, to make submissions in response to the regulator’s showcause notice issued under section 213(2)(a) of the Water Supply(Safety and Reliability) Act 2008 .


Yes

WSSRA55 Power, as the relevant entity for a recycled water management plan thathas been suspended under Chapter 3 Part 2 of the Water Supply(Safety and Reliability) Act 2008 , to apply to the regulator for approvalto resume supply of recycled water under the scheme.


Yes

WSSRA56 Power, as the relevant entity for the recycled water scheme, to provideinformation or to verify information by statutory declaration as requiredby the regulator under section 230(6) of the Water Supply (Safety andReliability) Act 2008 .


Yes

WSSRA57 Power, as the relevant entity for the recycled water scheme thataugments the supply of drinking water, to provide information orinformation verified by statutory declaration as required by the regulatorunder section 238(1) of the Water Supply (Safety and Reliability) Act2008 .


Yes

WSSRA58 Power, as the relevant entity for the recycled water scheme thataugments the supply of drinking water, to apply to the regulator toamend the approved validation program.


Yes

WSSRA59 Power, as recycled water provider, to apply to the regulator for anexemption for having an approved recycled water management plan forthe scheme.


Yes

WSSRA60 Power, as recycled water provider, to provide information or informationverified by statutory declaration as required by the regulator undersection 251(1) of the Water Supply (Safety and Reliability) Act 2008 .


Yes

WSSRAG61 Power, as recycled water service provider for a single-entity recycledwater scheme, to respond to the regulator’s show cause notice about aproposed spot audit.


Yes

WSSRAG62 Power, as the scheme manager for a multiple-entity recycled waterscheme, to respond to the regulator’s show cause notice about aproposed spot audit.


Yes





















WSSRAG63 Power, as recycled water provider for a single-entity recycled waterscheme, to make submissions regarding the regulator’s intention tomake a declaration that the recycled water scheme is a critical recycledwater scheme.


Yes

WSSRAG64 Power, as recycled water provider or other entity for a multiple-entityrecycled water scheme, to make submissions regarding the regulator’sintention to make a declaration that the recycled water scheme is acritical recycled water scheme.


Yes

WSSRAG65 Power, as the relevant entity for a critical recycled water scheme, to askthe regulator to review the making of the declaration that the scheme isa critical recycled water scheme, after one year since the declarationwas made.


Yes

WSSRAG66 Power, as water service provider, to make guidelines for persons aboutpreparing a water efficiency management plan.


Yes





WCRA01 Power to enter into a contract of insurance with WorkCover. Section 16 Workers’ Compensation and Rehabilitation Act 2003

Yes

Yes

WCRA03 Power, as an employer, to apply to Work Cover for exemption frominsuring under this Act, if Council has similar insurance for employeesand Councillors.

Section 49 Workers’ Compensation and Rehabilitation Act 2003

Yes

WCRA04 Power, as an employer, to have WorkCover’s decision under section 49reviewed under Chapter 13 of the Workers’ Compensation andRehabilitation Act 2003 .

Section 49(3) Workers’ Compensation and Rehabilitation Act 2003

Yes



Yes



Yes


Power, as an employer, to insure and keep insured all Council’semployees and Councillors.

WORKERS' COMPENSATION AND REHABILITATION ACT 2003

WCRA02









http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkersCompA03.pdf�


















WCRA07 Power, as an employer, to apply to WorkCover to waive or reduce thepenalty for not complying with section 48 of the Workers’ Compensation and Rehabilitation Act 2003 because of extenuating circumstances.


Yes



Yes

WCRA09 Power, as an employer, to object to a default assessment of premiumissued by WorkCover under section 58 of the Workers’ Compensationand Rehabilitation Act 2003 .


Yes



Yes

WCRA11 Power, as an employer, to apply to WorkCover to waive or reduce anadditional premium in extenuating circumstances.


Yes



Yes

WCRA13 Power, as an employer, to apply to WorkCover to waive or reduce thepenalty for not complying with section 66(2) of the Workers’ Compensation and Rehabilitation Act 2003 because of extenuatingcircumstances.


Yes



Yes

Yes

WCRA16 Power, as local government self-insurer, to cover councillors under theself-insurer licence.

Section 68A(1) Workers’ Compensation and Rehabilitation Act 2003

Yes

WCRA17 Power, as an employer, to ask the Authority’s board to approve theamount provided for in the industrial instrument for the purposes ofsection 107B of the Workers’ Compensation and Rehabilitation Act2003 .

Section 107E(2) Workers’ Compensation and Rehabilitation Act 2003

Yes

WCRA18 Power, as an employer, to appeal the board’s decision to refuse toapprove the amount provided for in the industrial instrument underChapter 13 of the Workers’ Compensation and Rehabilitation Act 2003 .

Section 107E(6) Workers’ Compensation and Rehabilitation Act 2003

Yes

Power, as a local government self-insurer, to comply with all theobligations under Chapter 2, Part 4.

Chapter 2, Part 4 Workers’ Compensation and Rehabilitation Act 2003

WCRA15






























WCRA19 Power, as an employer, to apply to WorkCover to waive or reduce thepenalty for not complying with section 109(3) of the Workers’ Compensation and Rehabilitation Act 2003 .


Yes

WCRA20 Power, as an employer, to have a decision by WorkCover under section109A reviewed under Chapter 13 of the Workers’ Compensation andRehabilitation Act 2003 .


Yes

Yes

Yes

Power, as an employer of employees:- Yes(a) in a high risk industry with wages exceeding $1.6m in theprevious financial year; or (b) with wages exceeding $4.9m in the previous financial year,

to appoint a Rehabilitation and Return to Work Coordinator.

Power, as an employer of employees:- Yes(c) in a high risk industry with wages exceeding $1.6m in theprevious financial year; or (d) with wages exceeding $4.9m in the previous financial year,

to prepare and have in place a workplace rehabilitation policy andprocedure, and review those policies and procedures every 3 years.

WCRA25 Power, as an employer, to apply to WorkCover to waive or reduce thepenalty under section 229 of the Workers’ Compensation andRehabilitation Act 2003 because of extenuating circumstances.


Yes

WCRA26 Power, as an employer, to have WorkCover’s decision under section229(6) reviewed under Chapter 13 of the Workers’ Compensation andRehabilitation Act 2003 .


Yes

WCRA27 Power, as chief executive officer of a service provider, to receive areview application under section 512(1) of the Water Supply (Safetyand Reliability) Act 2008 .


Yes

WCRA21

WCRA23 Section 226 Workers’ Compensation and Rehabilitation Act 2003

WCRA22 Power, as an employer, to give WorkCover notice of an injuredemployee’s request for compensation or Council’s payment to aninjured employee.

Section 133A Workers’ Compensation and Rehabilitation Act 2003

Power, as an employer, to report any injury. Section 133 Workers’ Compensation and Rehabilitation Act 2003

























Power, as an employer, to appeal to an appeal body against thefollowing decisions of the Authority or the insurer:

Yes

(a) a review decision, other than a decision to return a matter to adecision-maker under section 545 of the Workers’ Compensation andRehabilitation Act 2003 ; and(b) a decision by an insurer under Chapter 3 or Chapter 4 of theWorkers’ Compensation and Rehabilitation Act 2003 that is not adecision mentioned in section 540(1) (a non-reviewable decision).

WCRA29 Power, as an employer or self-insurer, to appeal against a decision ofthe Authority listed in section 567 of the Workers’ Compensation andRehabilitation Act 2003 .


Yes





WCRR01 Power, as an employer, to agree with WorkCover on a calculation of anoutstanding liability, based on a joint summary report prepared byactuaries under section 38 of the Workers’ Compensation andRehabilitation Regulation 2003 .

Section 39 Workers’ Compensation and Rehabilitation Regulation 2003

Yes

WCRR02 Power, as a non-scheme employer, to appoint an actuary to calculatean amount for Council’s liability.

Section 75O Workers’ Compensation and Rehabilitation Regulation 2003

Yes

WCRR03 Power, as a non-scheme employer, to agree with WorkCover on acalculation for Council’s liability, having regard to the joint summaryreport prepared by actuaries under section 75S of the Workers’ Compensation and Rehabilitation Regulation 2003 .

Section 75T Workers’ Compensation and Rehabilitation Regulation 2003

Yes

Yes

WCRR05 Power, as a non-scheme employer, to agree with WorkCover on therecalculation having regard to the joint summary report prepared byactuaries under section 75ZC of the Workers’ Compensation andRehabilitation Act 2003 .

Section 75ZD Workers’ Compensation and Rehabilitation Regulation 2003

Yes

Power, as a non-scheme employer, to appoint an actuary to recalculatean amount for Council’s liability under section 105I of the Workers’ Compensation and Rehabilitation Act 2003 .

Section 75Y Workers’ Compensation and Rehabilitation Regulation 2003

WORKERS' COMPENSATION AND REHABILITATION REGULATION 2003

WCRR04




http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkersCompR03.pdf�


















Power, as an employer of employees: Yes(a) in a high risk industry with wages exceeding $1.63m in theprevious financial year; or (b) with wages exceeding $4.9m,to appoint more than 1 rehabilitation and return to work coordinator formore than one workplace.





WHSA01 Power, as a relevant person who conducts a business or undertaking,to ensure that persons are not affected by the conduct of theundertaking or business.

Section 28 Workplace Health and Safety Act 1995

Yes

WHSA02 Power, as a person in control of a workplace, to ensure that risk ofinjury or illness is minimised for persons coming onto the workplace.

Section 30 (1) Workplace Health and Safety Act 1995

Yes

WHSA03 Power, as a person in control of a workplace, to ensure that theworkplace is safe and without risk to health.

Section 34C Workplace Health and Safety Act 1995

Yes

WHSA04 Power, as a person in control of fixtures, fittings or plant, to ensure thatthey are safe and without risk to health.

Section 34D Workplace Health and Safety Act 1995

Yes

WHSA05 Power, as an employer, to negotiate with its workers about workplacehealth and safety representatives for the workplace.


Yes

WHSA06 Power, as an employer, to suggest Council employees elect their ownworkplace health and safety representative.


Yes

WHSA07 Power, as an employer, to facilitate the election of a workplace healthand safety representative.


Yes

WHSA08 Power, as an employer, to negotiate with Council’s employees aboutworkplace health and safety representatives for the workplace.


Yes

WHSA09 Power, as an employer, to consult with the workplace health and safetyrepresentative about proposed changes to the workplace.

Section 77(1) Workplace Health and Safety Act 1995

Yes

WORKPLACE HEALTH & SAFETY ACT 1995

WCRR06 Section 99C(5) Workers’ Compensation and Rehabilitation Regulation 2003

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkplHSaA95.pdf�


























WHSA10 Power, as an employer, to permit the workplace health and safetyrepresentative to make inspections in accordance with section 81(2) ofthe Act.


Yes

WHSA11 Power, as an employer, not to obstruct access by the workplace healthand safety representative for training purposes.


Yes

WHSA12 Power, as an employer, to tell each workplace health and safetyrepresentative about things within the representative’s area ofrepresentation.


Yes

WHSA13 Power, as an employer, to display a notice advising of each workplacehealth and safety representative in the workplace.


Yes

WHSA14 Power, as an employer, to tell each new employee about theworkplaces workplace health and safety representatives.


Yes

WHSA15 Power, as an employer, to permit a workplace health and safetyrepresentative to be present at an interview with an employee in relationto a workplace incident.

Section 81(c) Workplace Health and Safety Act 1995

Yes

WHSA16 Power, as an employer, to advise the relevant work place health andsafety representative of the results of a review and recommendationsresulting from that review.

Section 81(e) Workplace Health and Safety Act 1995

Yes

WHSA17 Power, as an employer, to request the chief executive to arrange for aninspector to attend the workplace in relation to a provisionalimprovement notice.

Section 81H Workplace Health and Safety Act 1995

Yes

WSHA18 Power, as an employer, to request the industrial commission to suspend or cancel the representative’s entitlement to issue provisionalimprovement notices.

Section 81N Workplace Health and Safety Act 1995

Yes

WSHA19 Power, as an employer, to establish a workplace health and safetycommittee.


Yes

WSHA20 Power, as an employer, to negotiate with workers about themembership of the workplace health and safety committee.


Yes

WSHA21 Power, as an employer, to negotiate with workplace health and safetycommittee members about the meeting times of the committee.


Yes

WSHA22 Power, as an employer, to receive information, advice, results ofreviews and any recommendations from the workplace health andsafety committee.


Yes
































WSHA23 Power to appoint a workplace health and safety officer. Section 93 Workplace Health and Safety Act 1995

Yes

WSHA24 Power, as an employer, to display a notice advising the identity of the workplace health and safety officer.


Yes

WSHA25 Power, as an employer, to receive information and reports from the workplace health and safety officer.


Yes

WSHA26 Power, as an employer, to receive a copy of the workplace health and safety officer’s assessment.

Section 96A Workplace Health and Safety Act 1995

Yes

WSHA27 Power to take action, as specified in section 97(1) of the Workplace Health and Safety Act and give instructions to the Workplace Health and Safety Officer.


Yes

WSHA28 Power, as the owner of a seized item, to comply with the inspectors directions issued under section 111(3) of the Act.


Yes

WSHA29 Power, as the owner of a seized item, to apply for a review of the inspector’s decision.


Yes

WSHA30 Power, as the person in control, to comply with an inspectors notice issued under section 118 of the Act.


Yes

WSHA31 Power, as the owner, to comply with the inspectors notice to destroy a workplace or plant, relevant workplace area, plant or substance.


Yes

WSHA32 Power to comply with a request from the chief executive for information relating to its activities as an employer or workplace health and safety matter.

Section 185B(2) Workplace Health and Safety Act 1995

Yes



























WHSR01 Power, as owner of registrable plant, to apply to the chief executive for registration of that plant.

Section 7 Workplace Health and Safety Regulation 2008

Yes

WHSR02 Power, as holder of a certificate of registration of registrable plant, to give the chief executive notice of change of ownership.


Yes

WHSR03 Power, as owner of registrable plant, to comply with the chief executives request to provide a copy of a certificate.


Yes

WHSR04 Power, as an employer, to ensure the registration certificate is displayed on plant mentioned in Schedule 4.

Section 15(2) Workplace Health and Safety Regulation 2008

Yes

WHSR05 Power, as an employer, to conduct an assessment of its worker’s suitability to perform high risk work.


Yes

WHSR06 Power, as an employer, to apply from an exemption from holding a licence to perform a class of high risk work.


Yes

WHSR07 Power to respond to the chief executive request for further information in relation to an application under section 21(1).


Yes

WORKPLACE HEALTH & SAFETY REGULATION 2008

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkplHSaR08.pdf�




















WHSR08 Power, as an employer, to conduct an assessment of its worker’s suitability to perform earthmoving or crane operation works.


Yes

WHSR09 Power, as an employer, to apply from an exemption from holding a licence to perform earthmoving or particular crane work.


Yes

WHSR10 Power to respond to the chief executive request for further information in relation to an application under section 28(1).


Yes

WHSR11 Power, as an employer, to ensure the adequate training and supervision of a trainee.


Yes

WHSR12 Power to apply to the chief executive for a certificate to perform prescribed activity.


Yes

WHSR13 Power, as an employer of a worker who performs a prescribed activity, to ensure its worker has obtained adequate training.


Yes


















WHSR14 Power, as a relevant person, to apply to the chief executive for information about a worker’s earthmoving or particular crane work certificate.


Yes

WHSR15 Power to notify the chief executive of a workplace incident. Section 134 Workplace Health and Safety Regulation 2008

Yes

WHSR16 Power, as an employer, to record workplace incidents. Section 135 Workplace Health and Safety Regulation 2008

Yes

WHSR17 Power, as an employer of workers not doing construction work to ensure that its workers have appropriate, clear and save access around and within the workplace.


Yes

WHSR18 Power, as the owner of a relevant structure, to ensure that the asbestos management code is complied with.


Yes

WHSR19 Power, as relevant person who is an employer to ensure that its workers only remove ACM in accordance with the asbestos removal codes.


Yes

WHSR20 Power, as a relevant person where hazardous substances are used, to ask a substance manufacturer or importer


Yes

to give Council the ingredient’s chemical name.




















WHSR21 Power, as a relevant person where hazardous substances are used, to ask the manufacturer or importer for information on the substance.


Yes

WHSR22 Power, as a relevant person where hazardous substances are used, to request the supplier of hazardous substances current MSDS.

Section 195 and 199 Workplace Health and Safety Regulation 2008

Yes

WHSR23 Power, as a relevant person where hazardous substances are used, to record and display the hazardous substances MSDS, and as an employer to allow a worker to easily refer to it.


Yes

WHSR24 Power, as a relevant person where hazardous substances are used in an enclosed area, to provide suitable warning of the presence and location of the substance to anyone who might be exposed if it escapes from the enclosed area.


Yes

WHSR25 Power, as a relevant person where hazardous substances are used to assess the risk to workers health by the use of hazardous substances in the workplace.


Yes

WHSR26 Power, as a relevant person where hazardous substances are used to prevent or limit workers exposure to hazardous substances used in the workplace.


Yes


















WHSR27 Power, as a relevant person where hazardous substances are used to monitor the workplace and make a record of that monitoring.

Section 206 (2) & (3) Workplace Health and Safety Regulation 2008

Yes

WHSR28 Power, as an employer of a worker exposed to hazardous substance in the workplace, to provide a copy of records of its monitoring.

Section 206 (4) Workplace Health and Safety Regulation 2008

Yes

WHSR29 Power, as a relevant person where hazardous substances are used to arrange for health surveillance of a worker potentially exposed to the hazardous substance.


Yes

WHSR30 Power, as an employer, to seek its worker’s consent to obtain the workers medical records.


Yes

WHSR31 Power, as an employer of a worker potentially exposed to hazardous substance in the workplace, to keep records of that risk and make them available to its workers.

Section 209 & 210 Workplace Health and Safety Regulation 2008

Yes

WHSR32 Power, as an employer of workers exposed to hazardous substances, to provide ongoing training and induction.


Yes


















WHSR33 Power, as a relevant person who cannot prevent or reduce a person’s exposure to hazardous substances from spry painting to ensure they have and use appropriate personal protective equipment.


Yes

WHSR34 Power, as a relevant person at a workplace where lead is used to request the lead manufacturer or importer for information.


Yes

WHSR35 Power, as a relevant person in a workplace where lead is used to ask a supplier for the MSDS for the lead..


Yes

WHSR36 Power, as an employer of a worker exposed to lead in the workplace, to keep records of that risk and make them available to its workers.


Yes

WHSR37 Power, as a relevant person in a workplace where lead is used to assess the risk to the health of a worker, and decide if it is or is not a lead risk-job, and if it is, decide the monitoring and control required.

Section 233(1), (4) & (5) Workplace Health and Safety Regulation 2008

Yes

WHSR38 Power, as a relevant person in a workplace where lead is used, to develop the appropriate plan in consultation with workers and work place health and safety representative/s.

Section 233 (7) & (8) Workplace Health and Safety Regulation 2008

Yes


















WHSR39 Power, as a relevant person in a workplace where lead is used, to keep records and allow workers to inspect those records.


Yes

WHSR40 Power, as a relevant person in a workplace where lead is used to ensure atmospheric monitoring is undertaken and recorded.


Yes

WHSR41 Power, as a relevant person in a workplace where lead is used to ensure health surveillance of a worker is undertaken.


Yes

WHSR42 Power, as a relevant person in a workplace where lead is used and atmospheric monitoring has disclosed exposure, to review control measures.


Yes

WHSR43 Power, as an employer of workers exposed to lead, to remove a worker or themselves from that position where they have a medical condition or are pregnant or breastfeeding.


Yes

WHSR44 Power, as an employer of a worker exposed to lead to obtain its workers consent before disclosing the workers medical records to a third party.


Yes

WHSR45 Power, as an employer of workers exposed to lead, to ensure the worker is provided with ongoing training and induction.


Yes




















WHSR46 Power, as a relevant person in a workplace where there is risk of exposure to lead to retain records.


Yes

WHSR47 Power, as a relevant person to ensure that a roll‑over protective structure is fitted to wheeled tractors.


Yes

WHSR48 Power, as a relevant person to prepare or cause to be prepared a work method statement for high risk construction activity.


Yes

WHSR49 Power, as the local government, to provide written approval for a principle contractor to close an area adjoining a construction site.


Yes

WHSR50 Power, as an employer of workers exposed to lead, to ensure the worker is provided with ongoing training and induction.


Yes

WHSR60 Power, as a relevant person, to change the work method statement if there is a change in the way the high risk construction activity is to be performed.


Yes

WHSR61 Power, as a relevant person, to review the work method statement annually while the statement is required.


Yes




















WHSR62 Power, as a relevant person for excavation work where there is no principle contractor, to enquire where underground services are.


Yes

WHSR63 Power, as a relevant person for the performance of construction works, to ensure that first aid equipment is readily accessible.


Yes

WHSR64 Power, as an employer of a worker not in construction or rural work, to provide and maintain the amenities provided at schedule 13.

Section 345, 346 and Schedule 13 Workplace Health and Safety Regulation 2008

Yes

WHSR65 Power, as an employer of a worker not in construction or rural work, to provide ventilation, lighting, floor area and air space as specified in Schedule 14.

Section 347 and Schedule 14 Workplace Health and Safety Regulation 2008

Yes

WHSR66 Power, as an employer to ensure that atmospheric pollutants are not more than the safe standard.


Yes

WHSR67 Power, as an employer, to ensure that first aid equipment is reasonably accessible to Council workers.


Yes

[1] Excludes SE Qld Councils[2] The note following this subsection provides: “Only a [chief executive officer]... may give this direction or approve the applicant’s nominated healthcare professional – see section 30(5)...”[3] Specific powers under this Part will need to be specified in the register if the powers are sub-delegated to a Council officer.


















Documents

Register of Delegations from Council to CEO · 2014-07-09 · Gold Coast City Council Redland City Council Logan City Council BCCMA03 Power, as a utility service provider, to ask