MM

Maddocks

Maddooks Delegations and Authorisations

S14. Instrument of Delegation by CEO for VicSmart Applications underthe Planning and Environment Act 1987

Southern Grampians Shire Council

Instrument of Delegation

by

The Chief Executive Officer

S14. Instrument of Delegation by CEO for VicSm art Applications June 2015 UpdateD/15/16079 Signed 31/07/2015

lill

Instrument of Delegation by CEO for VicSmart Applicationsunder the Planning and Environment Act 1987

In exercise of the power conferred by section 98(2) of the Local Government Act 1989 and section 188of the Planning and Environment Act 1987, I, as Chief Executive Officer of #14#City/Shire#] Counciland the responsible authority for the administration and enforcement of the [name of planning scheme]as set out in clause 61.01 of that scheme, by this instrument of delegation -

1. delegate each duty and/or function and/or power respectively described in column 1 of theSchedule (and summarised in column 2 of the Schedule) to the member of Council staffholding, acting in or performing the duties of the office or position respectively described incolumn 3 of the Schedule;

2. record that a reference in the Schedule to

MPE means Manager Planning and Environment

3. declare that this Instrument of Delegation -

3.1 comes into force immediately upon its execution;

3,2 remains in force until varied or revoked; and

3.3 is subject to any conditions and limitations set out in paragraph 4, and in theSchedule;

4. declare that the delegate must not determine the issue, take the action or do the act or thingif the determining of the issue, the taking of the action or the doing of the act or thing cannotbe the subject of a lawful delegation, whether on account of section 188 Planning andEnvironment Act 1987 or otherwise.

This instrument of delegation is dated 31 July 2015 and is made by the Chief Executive Officer.

Signed by the Chief Executive Officer of Council )in the presence of:

iiLrv\A-t-i1Witness

S14. Instrument of Delegation by CEO for VicSmart Applications June 2015 UpdateD/15/16079 Signed 31/07/2015

INDEX

PLANNING AND ENVIRONMENT ACT 1987 4PLANNING AND ENVIRONMENT REGULATIONS 2015 13PLANNING AND ENVIRONMENT (FEES) INTERIM REGULATIONS 2014 14

S14. Instrument of Delegation by CEO for VicSmart Applications0/15/16079

June 2015 UpdateSigned 31/07/2015

3

co

2(03CD

0

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60

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duty

to give

notice

of the

application

to owners

and

occupiers

of land

benefited

by a registered

restrictive

covenant

i f may

result

in breach

of covenant

duty

to make

a copy

of every

application

and

the

prescribed

information

supplied

in respect

of the application

available

for

inspection duty

to note

amendment

to application

in register

power

to require

applicant

to notify

owner

and

make

a declaration

that

notice

has

been

given

power

to make

amendment

to application

duty

to make

note

of amendment

to application

in register

power

to refuse

to amend

application

duty

to amend

application

duty

to make

register

available

for inspection

duty

to keep

a register

of all applications

for permits

and

determinations

relating

to permits

THING

DELEGATEDColumn

2

ND

ENVIRONMENT

ACT

1987

E E E E EEEK EID -0 -0

ITI Ill 171 Ill 'E M Ell M in rrl LEGATE)1umn

3

Notice

requirements

under

s.52(1)(a),

(b),

(c) and

(d) are

exempt.

Other

notice

requirements

apply.

CONDITIONS

& LIMITATIONS

Column

4

3ina3Hos

11111111111111111111i101111111111111111111H111111111

PLANNING

AND

ENVIRONMENT

ACT

1987

Column

4

CONDITIONS &

LIMITATIONS

Notice

requirements

under

s.52(1)(a),

(b), (c)

and

(d)

are

exempt.

Other

notice

requirements

apply.

Notice

requirements

under

s.52(1)(a),

(b), (c)

and

(d)

are

exempt.

Other

notice

requirements

apply.

Notice

requirements

under

s.52(1)(a),

(b), (c)

and

(d)

are

exempt.

Other

notice

requirements

apply.

Notice

requirements

under

s.52(1)(a),

(b), (c)

and

(d)

are

exempt.

Other

notice

requirements

apply.

Note:

delegates

cannot

require an

applicant to

provide

more

information

than

what is

listed in

new

Clause 93

(state)

and

schedule to

Clause 95

(local)

of the

planning

scheme.

Note:

delegates

cannot

require an

applicant to

provide

more

information

than

what is

listed in

new

Clause 93

(state)

and

schedule to

Clause 95

(local)

' of the

planning

scheme.

elcE='75

DELEGATE

L1Jo_

LLIa_

LJJa.

LUa

L1.1a

LUa

Lia

LUD.,

LUEL

LIJa

Column 2

THING

DELEGATED

duty to

give

notice of the

application to

owners

and

occupiers of

land

benefited by a

registered

restrictive

covenant i f

application is to

remove or

vary the

covenant

duty to

give

notice of an

application to

remove or

vary a

registered

restrictive

covenant

power to

give

any

further

notice of an

application

where

appropriate

power to

require

the

applicant to

give

notice

under

section

52(1) to

persons

specified by it

power to

require

the

applicant to

give the

notice

under

section

52(1AA)power to

require

the

applicant to

provide

more

information

duty to

give

notice in

writing of

information

required

under

section

54(1) duty to

specify the

lapse

date for an

application

power to

decide to

extend

time or

refuse to

extend

time to

give

required

information

duty to

give

written

notice of

decision to

extend or

refuse to

extend

time

und

section

54A(3)

,cE—o-ci

PROVISIONs.52(1)(cb)s.52(1AA)

s.52(3)—inui

s.53(IA)—Loui

s.54(IA) s.54(1B)s.54A(3)s.54A(4)

co •

'—c)' 0 ND N - .

L0 --0 7)

C \ I '0a) wc c= cs)

.)

co=0:«42T:6o_<t0E1.1)o5'a0w0›,_aCO,..t t I0)I)Q)O4-C

C'

CD

E,2 i--- c,

C r ) 0

LO

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0

C

CDCL mCA) 9

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th.01

......-.

0.6co

Cr)6co

s.57C(1)s.57B(2)(1)6•■1

......,.•

S. 57A(6)

(P6--.1-63

s.57A(4)CI)6--.1

(r)6--.1

La6--4

-0

xi0

5z

Column

1

PLANNING

AND

ENVIRONMENT

ACT

1987

duty

to consider

the

relevant

planning

scheme

decide

an application

without

delay

power

to request

advice

from

the

Planning

Application

Committee

duty

to consider

every

application

for a permit

duty

to give

copy

of amended

application

to referral

authority

duty

to consider

certain

matters

in determining

whether

notice

should

be given

duty

to determine

whether

and

to whom

notice

should

be given

[duty

to note

amendments

to application

in register

power

to refuse

to amend

application

duty

to amend

application

in accordance

with

applicant's

request,

subject

to section

57A(5)

duty

to make

available

for inspection

copy

of all objections

function

of receiving

name

and

address

of persons

to whom

notice

of

decision

is to go

power

to reject

objections

considered

made

primarily

for commercial

advantage

for the

objector

THING

DELEGATEDColumn

2

m m m m m13m

10m

Em

MPE Em

MPE Em

Km

DELEGATEColumn

3

Note:

VicSmart

applications

are

exempt

from

the

requirements

of s.60(1)(b),

(c),

(e) and

(f).

CONDITIONS

& LIMITATIONS

Column

4

4

0

r -

-

PLANNING

AND

ENVIRONMENT

ACT

1987

Column

4

CONDITIONS &

LIMITATIONS

Note:

VicSmart

applications

are

exempt

from

the

requirements of

s.60(1)(b),

(c), (e)

and (f).

Note:

VicSmart

applications

are

exempt

from

the

requirements of

s.60(1A)(b) —

(h)

and (j).

Note:

VicSmart

applications

are

exempt

from

the

requirements of

s.60(1A)(b)

(h)

and (j).

the

permit

must not be

inconsistent

with a

cultural

heritage

management

plan

under the

Aboriginal

Heritage

Act

2006

Column 3 DELEGATE

UJ

2LLJ

2LU

211.1

2LU

2LU

2LU

2LLJ

2Ul

2LU

2LLJ

2

Column 2

THING

DELEGATED

duty to

consider

any

decision

and

comments of a

referral

authority

which

has

been

received

power to

consider

certain

matters

before

deciding on

application

any

significant

social

and

economic

effects of the

use or

development for

which

the

application is

made

power to

consider

any

agreement

made

pursuant to

section

173

power to

determine

permit

application,

either to

decide to

grant a

permit, to

decide to

grant a

permit

with

conditions or to

refuse a

permit

application

duty to

decide to

refuse to

grant a

permit i f a

relevant

determining

referral

authority

objects to

grant of

permit

power to

decide to

refuse to

grant a

permit i f a

relevant

recommending

referral

authority

objects to the

grant of

permit

duty not to

decide to

grant a

permit to

use

coastal

Crown

land

without

Minister's

consent

duty to

refuse to

grant the

permit

without the

Ministers

consent

duty to

refuse to

grant the

permit i f

grant

would

authorise a

breach of

a

registered

restrictive

covenant

duty to

include

certain

conditions in

deciding to

grant a

permit

power to

include

other

conditions

EmZ

C.)

PROVISION

.,–'6ui

<O'COco s.

60(1A)(i)

—,-—ui

s.61(2);:t-'cv

ui

i:IziR

6

7:cCO

6 6CN6

cs•J6

• Lr)E,

c"4

ZS co(N -0a) a)c• cr)

o.

0Ui

>,

0cts(7)Ts

0

U)E a )

01.0a

6

r-

0F.'n 711'

-NJ 20 2(1)7

0

a

cT

cr0rn0

0

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CI? c-ca cCD CD

1.3GO 0

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cnb)Na

Is

u)6')iv

17

$.62(5)(c) s.62(5)(b)u)6iv

"El.

s.62(4)PROVISIONColumn

1

PLANNING

AND

ENVIRONMENT

ACT

1987

1

duty

to give

each

objector

a copy

of an exempt

decision

duty

to issue

the

permit

where

made

a decision

in favour

of the

application

(if no one

has

objected)

duty

not to include

a permit

condition

requiring

a person

to pay

an

amount

for or provide

works

except

a condition

that

a planning

scheme

requires

to be included

as referred

to in section

62(1)(a)

duty

not to include

a permit

condition

requiring

a person

to pay

an

amount

for or provide

works

except

in accordance

with

section

62(5)

or section

46N

power

to include

a permit

condition

that

specified

works

be provided

or paid

for by the

applicant

power

to include

a permit

condition

that

specified

works

be provided

on or to the

land

or paid

for in accordance

with

section

173

agreement power

to include

a permit

condition

to implement

an approved

development

contributions

plan

duty

to ensure

conditions

are

consistent

with

paragraphs

(a),(b)

and

(c)

THING

DELEGATEDColumn

2

E-0In

E-0111

E"0M

E71

EM

EM

M-0M

M-071

DELEGATEColumn

3

Note:

VicSm

art applications

are

exempt

from

requirements

of s.64(1),

(2) and

(3).

This

provision

applies

also

to a decision

to grant

an

amendment

to a permit

- see

section

75.

CONDITIONS

& LIMITATIONS

Column

4

4 —P

r a •0 M"

07"

1 I 1

1111111111111111111111111111111111111111111111111111

PLANNING

AND

ENVIRONMENT

ACT

1987

Column

4

CONDITIONS &

LIMITATIONS

This

provision

applies

also to a

decision to

grant an

amendment to a

permit -

see

section

75A.

i f the

recommending

referral

authority

objected to

the

grant of the

permit or the

responsible

authority

decided

not to

include a

condition on

the

permit

recommended by the

recommending

referral

authority

i f the

recommending

referral

authority

objected to

the

grant of the

permit or the

recommending

referral

authority

recommended

that a

permit

condition be

included on

the

permit

i f the

recommending

referral

authority did

not

object

to

the

grant of the

permit or the

recommending

referral

authority did

not

recommend

that a

condition be

included on

the

permit

Column 3 DELEGATE

LU

2U-1

2LLI

21.1.1

211.1

211.1

2

NCEm7)(..) THING

DELEGATED

duty

not to

issue

permit

until

the

end of a

period

when an

application

for

review

may be

lodged

with

VCAT or

until

VCAT

has

determined

the

application, i f a

relevant

recommending

referral

authority

has

objected to

the

grant of a

permit

duty to

give

notice of

refusal to

grant

permit to

applicant

and

person

who

objected

under

section 57

duty to

give

notice

under

section 64 or

section 65

and

copy

permit to

relevant

determining

referral

authorities

duty to

give a

recommending

referral

authority

notice of its

decision to

grant a

permit in

the

specified

circumstances,

and

include

any

conditions to

which

the

permit will be

subject

duty to

give a

recommending

referral

authority

notice of its

decision to

refuse to

grant a

permit in

the

circumstances

specified,

and

include

the

information

required

under

section

66(5)

duty to

give a

recommending

referral

authority a

copy of

any

permit

which

Council

decides to

grant

and a

copy of

any

notice

given

under

section 64 or 65

Column 1 PROVISION

s:t.coui

—i

couii ". 6 -coui

C3Ges

cocoCl)

Fioti

io—coui

c.ocoui

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a

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&

(3) (/)

0)>....

..-0

(1)

Cr)

(f)

.A.s.73 s.71(2)LO

:-.4—1

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.---

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cn6CO_N.>,....-

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.-0

PROVISIONColumn

1

duty

to give

a recommending

referral

authority

notice

of its decision

to

grant

an amendment

to a permit

in the

circumstances

specified,

and

include

any

conditions

to which

the

permit

will

be subject

duty

to give

relevant

determining

referral

authorities

copy

of amended

permit

and

copy

of notice

duty

to give

applicant

and

objectors

notice

of decision

to refuse

to

grant

amendment

to permit

duty

to issue

amended

permit

to applicant

i f no objectors

power

to decide

to grant

amendment

subject

to conditions

duty

to note

corrections

in register

power

to correct

certain

mistakes

duty

to make

copy

permit

available

for inspection

power

to extend

time

function

of receiving

application

for extension

of time

to complete

developmentfunction

of receiving

application

for extension

of time

of permit

THING

DELEGATEDColumn

2

,ND

ENVIRONMENT

ACT

1987

Ern

E

MI

E

71

M

71MPE E

rnMPE E

-crM

E-o71

E13rn

MPE DELEGATEColumn

3

i f the recommending

referral

authority

objected

to

the amendment

of the

permit

or the

responsible

authority

decided

not to include

a condition

on the

amended

permit

recommended

by the

recommending

referral

authority

CONDITIONS

& LIMITATIONS

Column

4

4M

n

PLANNING

AND

ENVIRONMENT

ACT

1987

Column 4

CONDITIONS &

LIMITATIONS

i f the

recommending

referral

authority

objected to

the

amendment of the

permit or the

recommending

referral

authority

recommended

that a

permit

condition be

included on

the

amended

permit

i f the

recommending

referral

authority did

not

object

to

the

amendment of the

permit or the

recommending

referral

authority did

not

recommend a

condition be

included on

the

amended

permit

Column 3 DELEGATE

1.1J0-

LL111

LL1CL

11JCL2

L1.1CL2

L1JCL2

111CL2

11.10_2

LIJ0_2

LLJCL2

LJJCL2

Column 2

THING

DELEGATED

duty to

give a

recommending

referral

authority

notice of its

decision to

refuse to

grant an

amendment to a

permit in

the

circumstances

specified,

and

include

the

information

required

under

section

76A(5)

duty to

give a

recommending

referral

authority a

copy of

any

amended

permit

which

Council

decides to

grant

and a

copy of

any

notice

given

under

section 64 or 76

duty to

comply

with

direction of

Minister to

issue

amended

permit

function of

being

respondent to an

appeal

duty to

give or

publish

notice of

application for

review

power to

decide on an

application at

any

time

after an

appeal is

lodged

against

failure to

grant a

permit

duty not to

issue a

permit or

notice of

decision or

refusal

after an

application is

made for

review of a

failure to

grant a

permit

duty to tell

principal

registrar i f

decide to

grant a

permit

after an

application is

made for

review of its

failure to

grant a

permit

duty to

issue

permit on

receipt of

advice

agree to

confining a

review by the

Tribunal

duty to

issue a

permit at

order of

Tribunal

v-cEZ

o

PROVISIONoes.:-7-

(01-. 0

aCON-

CON-

COC O6

COCO6

s.84(1) s.84(2) s.84(3) s.84(6)co'■t'CO6

CDCC).0

0 in

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ocici)0

8

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0(11(l)7.)O0

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(0

CD

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0CD7

co

0

0

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2

c_E . 0

cb • 0CD.°a to

-o_so a,• 4'13.

s.93(2) cn•oN)

61io">

coio"—

(1)is)o——

s.87(3)PROVISIONColumn

1

PLANNING

AND

ENVIRONMENT

ACT

1987

duty

to give

notice

of VCAT

order

to stop

development

duty

to give

notice

of cancellation/amendment

of permit

by VCAT

to

,

persons

entitled

to be heard

under

section

90

duty

to issue

amended

permit

to owner

i f Tribunal

so directs

duty

to comply

with

the

directions

of VCAT

function

of being

heard

at hearing

of request

for cancellation

or

amendment

of a permit

power

to apply

to VCAT

for the

cancellation

or amendment

of a

permit

THING

DELEGATEDColumn

2

-o171 -oMMPE

-aM IT1 rilDELEGATE

E3mco

CONDITIONS

& LIMITATIONS

Column

4

4

PLANNING

AND

ENVIRONMENT

REGULATIONS

2015

(.) CONDITIONS

AND

LIMITATIONS

DELEGATE

uJ

C.) THING

DELEGATED

• <

cO CD

• E4-

- a al oa 0

o c0E

CL I- a)ca u.)2 co 8

s_n 0 c-0

t•T/ -8o

— °Lei a ct(13 c• c 0

CD

a) , (13E'7) c 8o •

4 T , C

• a

L.- L.• .E 0• E

—o IcT)a_ > CL

PROVISION

c7.1L:

cr)

E0) Goco 3

CDCD

DC0cr00

Di

-a

sio

cr)

0). c—o5

a) a,o.co 0"

alC1■3

(71

71 7,_.,as .._.cz 3ROVC7

0EBz—1.

duty

to record

matters

taken

into

account

and

which

formed

the

basis

of a decision

to waive

or rebate

a fee

under

r.16

or

17 power

to waive

or rebate

a fee

other

than

a fee

relating

to an

amendment

to a planning

scheme

THING

DELEGATEDColumn

2

■ID ENVIRONMENT

(FEES)

INTERIM

REGULATIONS

2014

:gulations

expire

on 16 October

2015

EE—0 -crm m DELEGATEColumn

3

CONDITIONS

AND

LIMITATIONS

Column

4