Table of Contents - Cobar Shire...Roads Manager Manager Planning and Environmental Services Land...

Table of Contents

1. Engineering Services ................................................................... 1

2. Corporate and Community Services .................................................. 4

3. General ................................................................................. 8

4. Human Resources .................................................................... 10

5. Planning and Environmental/Engineering Services ................................ 12

6. Planning and Environmental Services ............................................... 29

7. Procurement ......................................................................... 45

8. Staff Related Delegations ............................................................ 49

9. Delegations to External Positions ................................................... 55

Cobar Shire Council Delegations Register 1

1. Engineering Services

CODE SOURCE TITLE DESCRIPTION POSITION

E01 Roads Act 1993. Authorised Officer -

Roads Act 1993

To fulfil the role of "Authorised Officer" for

the purposes of the Roads Act 1993,

limited by the referral of matters which

have been the subject of public objections

to the General Manager and/or Council.

Director Engineering Services

Services Manager

Project Manager

Engineering Support Manager

Roads Manager

E02 Road Act 1993 Section 21. Road boundaries To approve survey plans that identify the

proposed boundaries of a public road prior

to their lodgement at the Land Titles

Office.


Services Manager

Project Manager


Roads Manager

E03 Local Government Act 1993

Section 67.

Private Works To carry out works on private land. Director Corporate and Community Services


Director Planning and Environmental Services

Services Manager

Project Manager


Roads Manager

Manager Planning and Environmental Services

Land Management Officer

Services Supervisor

Construction Supervisor

Euabalong Supervisor

Plant Supervisor

Rural Supervisor

Urban Supervisor

Leading Hand – Workshop

Store Manager

Ranger/Building Maintenance Supervisor

E04 Roads Act 1993 Sections 95, 101

and 103.

Roads – directions To give directions under the Roads Act

1993, including s93 to fill in an excavation;

s95 to remove sand, soil or other matter;

s98 to alter works or structures in, on or


Services Manager

Project Manager




over public roads; s101 to restore a road;

s103 to fence or light dangerous premises

or land.

Roads Manager


Section 124 Order 8.

Order - identify premises To give an order to identify premises with

such numbers or other identification in

such manner as is specified in the order.


Services Manager

Project Manager


Roads Manager



Order - fence, empty, fill

in or cover up a hole or

waterhole

To give an order to fence, empty, fill in or

cover up a hole or waterhole in the

manner specified in the order.


Services Manager

Project Manager


Roads Manager

E07 Roads Act 1993 Section 107. Roads - removal of

obstructions

To give a direction to a person to remove

an obstruction or encroachment on a road.


Services Manager

Project Manager


Roads Manager

E09 Roads Act 1993 Section 138. Roads - works and

structures

To approve the carrying out on roads of

any of the activities under s138 of the

Roads Act 1993, including erection of

structures, carrying out works and digging

up or disturbing the surface.




Services Manager

Project Manager


Roads Manager

E10 Road Transport (Safety and

Traffic Management) Act 1999.

Parking and traffic control

measures.

To implement parking and traffic control

measures.


Services Manager

Project Manager


Roads Manager

E11 Road Transport (General) Act

1999 Section 16, 17 & 18.

Authorised Officer - Road

Transport (General) Act

1999

To exercise the functions with regard to

offences as an "Authorised Officer" under

Sections 16, 17 and 18 of the Road


Services Manager

Project Manager


Transport (General) Act 1999. Engineering Support Manager

Roads Manager

E12 Road Transport (Safety and

Traffic Management) Regulation

1999.

Safety and Traffic

Management - Road

Rules

To exercise the functions of "Council" and

"Parking Authority" as referred to in the

Regulation.


Services Manager

Project Manager


Roads Manager

E13 RMS Guidelines on Special

Events.

Approvals - parades and

marches

To approve applications to use Council

parks, squares, public spaces and streets

for the purpose of holding street parades,

marches, rallies and other public

assemblies.


Services Manager

Project Manager


Roads Manager

E14 Environmental Planning and

Assessment Act 1979 – Part 5.

Projects - investigate

develop projects

Investigate projects and develop, approve,

modify and audit Review of Environmental

Effects (REF), Environmental Impact

Statement (EIS) and Environmental Study.


Services Manager

Project Manager


Roads Manager

E15 Emergency Legislation

Amendment Act 2012

Chairmanship of the Local

Emergency Management

Committee

Chairperson of the Local Emergency

Management Committee


Engineering Support Manager (Alternate)


2. Corporate and Community Services


CC01 Local Government (General)

Regulation 2005

Debts - write off To write off individual bad debts up to

$5,000.

Director Corporate and Community Services

Manager Finance and Administration


Regulation 2005.

Responsible Accounting

Officer

To act as Council's Responsible Accounting

Officer as prescribed by the Local

Government (General) Regulation 2005.



CC03 Local Government Act 1993

Section 514.

Categorisation of land. Determine and declare the categorisation

of land for purposes of ordinary rates

under Section 514 of the Local

Government Act 1993.



Rates Officer


Section 525.

Applications – determine

categorisation

Determine applications to change the

categorisation of rateable land in

accordance with section 525 of the Local




Rates Officer


Section 527.

Rate adjustment Make an adjustment of rates following a

change in the category of rateable land,

pursuant to section 527 of the Local



Rates Officer




Section 567.

Interest on Rates or

charges

Write off accrued interest on rates or

charges payable by a person, if in the

opinion of the officer:

the person is unable to pay the accrued

interest of reasons beyond the person's

control;

payment of the accrued interest would

cause the person hardship;

payment of the accrued interest would

cause the person hardship.




Sections 575 and 582.

Rates - waive or reduce

rate

Waive or reduce rates, charges and

interest due by a person who is an eligible

pensioner or is in receipt of a pension,

benefit or allowance, pursuant to sections

575 and 582 of the Local Government Act

1993 up to $5,000.




Section 577.

Rates – grant concession Make an order pursuant to section 577 of

the Local Government Act 1993 directing

that a person is an eligible pensioner and

grant concessions from rates and charges

to that person so as to avoid hardship.



Rates Officer


Section 601.

Rates – waive or reduce

due to hardship

Determine an application to waive, reduce

or defer payment of the whole or part of a

rate increase attributable to a valuation

increase on grounds of substantial

hardship pursuant to section 601 of the

Local Government Act 1993 up to $5,000.




Section 603.

Rates – issue a rate

certificate

Issue a certificate as to rates and charges in

accordance with section 603 of the Local

Government Act 1993 (NSW).



Rates Officer


Section 666 and the State

Records Act 1998.

Records - maintenance and

disposal

To dispose of non-current Council records

in accordance with relevant legislative

requirements and Council policy.


Records Officer

Records Assistant



CC12 Local Government Act or

General Regulation and Council

Policy P5-54.

Investment of funds To invest Council funds, subject to the

investment being in any security

authorised by the Trustee Act 1925 or a

form of investment notified by order of the

Minister published in the Gazette.



CC13 Valuation of Land Act 1916. Make application for

valuation of land

Exercise the Council’s functions under the

Valuation of Land Act 1916, including the

making of applications for the valuation of

land within the Council’s local government

area.



Rates Officer

CC14 Valuation of Land Act 1916

Section 31.

Valuations - Objections To object to valuations under the

provisions of Section 31 of the Valuation of

Land Act.



Rates Officer

CC15 As per Commonwealth Child

Support Agency under the

Commonwealth Government

Law and Child Support

(Collections) Act.

Garnishees / Child Support

orders

To approve the payment of a fixed sum of

money in respect of court judgments and

Child Support Agency directives applying

Council employees.



Human Resources Officer

Payroll Officer

CC16 Cheques/EFT Payment -

Authority to Sign/Authorise

To sign cheques and authorise EFT

payments as signatory and/or counter

signatory.

Mayor



Director Planning and Environmental

Services



Services Manager

Project Manager


Roads Manager

Rates Officer



CC17 Insurance claims - to excess Settlement of all insurance claims to the

amount of excess.




Services

CC18 Insurance claims - above

excess

Authorise settlement of insurance claims

by insurer above the excess.




Services

CC19 Licensee – Lilliane Brady

Village

The aspects of the operations and

management of the Lilliane Brady Village

including the role of Licensee.


CC20 Payroll To certify payment and authorise EFT

payments in relation to payroll.

Mayor




Services



Services Manager


Roads Manager

Rates Officer

CC21 Sign declarations Sign declarations for Fringe Benefit Tax and

Business Activities Statements on behalf of

the Council.




Regulation 2005 – Section 243.

Minutes To supervise inspection of minutes of

meetings of Council or committees.




Services

Records Officer


3. General


G01 Application to

Government

Departments

Make applications to Government

Departments or non-government bodies

for the provision of grant funds or accept

grant offers in accordance with:

(a) the Council’s approved works or

programs;

(b) Council resolution;

(c) the concurrence of the General

Manager;

(d) within Council’s Operational Plan

budget.

NB: This authority does not override the

requirement that all correspondence to

Ministers of the Crown or Parliamentarians

must be signed by the General Manager.




Special Projects Officer



Manager Library Services

Manager Children’s Services

Manager Youth and Fitness Centre

Director of Nursing (Lilliane Brady Village)

Assistant Director of Nursing (Lilliane Brady

Village)

Manager Tourism and Public Relations

Services Manager

Project Manager


Roads Manager



G02 Issue media releases Issue media releases & statements and

coordinate media requests for visits to the

Council on non-controversial matters.












Services Manager

Project Manager




Roads Manager



G03 Local Government Act 1993

Section 687.

Legal Proceedings - Local

Government Act 1993

To represent Council in legal proceedings

arising out of Council's administration of

the Act.












Services Manager

Project Manager


Roads Manager




Noxious Weeds Officer

G04 Petty cash To approve petty cash reimbursements. Director Corporate and Community Services


Customer Service Officer



Rates Officer




Village)



G05 Government Information

(Public Access) Act 2009.

Provision of information

to the public – open

access/proactive/

informal

Subject to the provisions of the

Government Information (Public Access)

Act 2009, to disclose any information in

any format of Council that is deemed to be

in the public interest.




Records Officer

G06 Government Information

(Public Access) Act 2009.

Provision of information

to the public – formal

applications for access

Subject to the provisions of the

Government Information (Public Access)

Act 2009, to disclose any information in

any format of Council that is deemed to be

in the public interest after formal

processing.




Records Officer


4. Human Resources


HR01 Finalise Workers

Compensation Claims

Determine and finalise all workers

compensation claims lodged by Council

staff in consultation, where appropriate,

with legal/professional advice, and subject

to the requirement that any financial

settlement, ie termination or lump sum,

require the approval of the General

Manager.





Payroll Officer

Administration Officer – Human

Resources/Corporate Services

HR02 Interview expenses To approve reimbursement of expenses

incurred by an applicant for a position

attending an interview, in accordance with

Council’s policy.





HR03 Speak to media Speak on behalf of the Council to the

media.




HR04 Speak to media With agreement of the General Manager

speak on behalf of Council on matters that

are in relation to the Officers area.









Services Manager

Project Manager


Roads Manager




5. Planning and Environmental/Engineering Services


PEE01 Local Government Act 1993 Notice - issue notices and

directions

To issue notices under the Local

Government Act 1993 and the regulations

made under it.




Services Manager

Project Manager


Roads Manager




PEE02 Local Government Act 1993 Offences Act on Council's behalf in matters of any

kind and lay information and undertake

the prosecution for offences relating to any

relevant legislation including:

Local Government Act 1993;

Food Act 2003;

Public Health Act 2010;

Environmental Planning & Assessment Act

1979;

Public Health Regulations 2012.




Services Manager

Project Manager


Roads Manager




PEE03 Local Government Act 1993

Section 68 Part B.

Approvals - Water Supply,

Sewerage and

Stormwater Drainage

To determine applications for approval to:

1. Carry out water supply work.

2. Draw water from a Council water

supply or standpipe.

3. Install, alter, disconnect or remove a

meter connected to a service pipe.

4. Carry out sewerage work.

5. Carry out stormwater drainage work.

6. Connect a private drain or sewer with a

public drain or sewer under the control of

a Council or with a drain or sewer which

Connects with such a public drain or sewer.



Services Manager

Project Manager


Roads Manager





Section 68 Part D.

Approvals - community

land


1. Engage in a trade or business.

2. Direct or procure a theatrical, musical

or other entertainment for the public.

3. Construct a temporary enclosure for

the purpose of entertainment.

4. For fee or reward, play a musical

instrument or sing.

5. Set up, operate or use a loudspeaker or

sound amplifying device.

6. Deliver a public address or hold a

religious service or public meeting.




Services Manager

Project Manager


Roads Manager




Section 88(3) and any policy

adopted by Council for

calculation of such refunds.

Refunds - fees on

withdrawn approval

To give refunds relating to applications in

accordance with the provisions of Section

88(3) of the Local Government Act 1993

and any policy adopted by Council for












Services Manager

Project Manager


Roads Manager




(enforcement relating to offences

under the Act and Regulations;

enforcement relating to orders

given under S124; S125; S681

power to remove persons

committing an offence on

Enforcement functions To carry out enforcement functions in

accordance with the Local Government Act

1993 and the regulations made under it.




Services Manager

Project Manager


Roads Manager



community land). Manager Planning and Environmental Services



PEE07 Section 124 Local Government

Act 1993 Order 21.

Order - do or refrain from

doing an activity in order

to ensure that land is safe

To give an order to do or refrain from

doing such things as are specified in the

order to ensure that land is, or premises

are, placed or kept in a safe or healthy

condition.




Services Manager

Project Manager


Roads Manager






Order - environmental

damage

To give an order to prevent or repair

environmental damage or prevent further

environmental damage.




Services Manager

Project Manager


Roads Manager






Order - to control flow of

surface water

To give an order to do such things as are

necessary to control the flow of surface

water across land.




Services Manager

Project Manager


Roads Manager








Order - cease use of

premises or evacuate

To give an order to cease the use of

premises or to evacuate premises.




Services Manager

Project Manager


Roads Manager






Order - remove an object

or matter from a public

place

To give an order to remove an object or

matter from a public place or prevent any

object or matter being deposited there.




Services Manager

Project Manager


Roads Manager






Order - undertake steps

to prevent damage to a

public place

To give an order to take whatever steps are

necessary to prevent damage to a public

place and to repair damage to a public

place.




Services Manager

Project Manager


Roads Manager






Order - alter or repair

work or structure on,

under or over a public

To give an order to alter or repair a work or

structure on, over or under a public place.





place Services Manager

Project Manager


Roads Manager






Order - comply with an

approval

To give an order to comply with an

approval.




Services Manager

Project Manager


Roads Manager





Section 125.

Order - to abate a public

nuisance

To give an order to abate a public

nuisance.




Services Manager

Project Manager


Roads Manager







Section 129.

Order - no need to give

notice

To give an order in the circumstances

provided in S129 of the Local Government

Act 1993 without the need to give notice.




Services Manager

Project Manager


Roads Manager





Section 134.

Order - to hear and

consider representations

To hear and consider representations and

to make a determination about the giving

of an order.




Services Manager

Project Manager


Roads Manager





Section 152.

Order - modification To modify an order given to a person if the

person agrees to that modification.




Services Manager

Project Manager


Roads Manager







Section 153.

Order - revocation To revoke an order at any time. Director Corporate and Community Services



Services Manager

Project Manager


Roads Manager





Sections 191-201

Entry to land and

premises

For the purposes of inspection,

investigation, sampling and any other

functions authorised by the Local

Government Act 1993 and the regulations

made under it to enter any land and

premises in accordance with the enabling

legislation.






Services Manager

Project Manager


Roads Manager




Services Supervisor

Works Supervisor



Plant Supervisor

Rural Supervisor

Urban Supervisor


Filtration Plant Operator

Leading Hand – Urban Crew

Leading Hand – Euabalong Crew

Leading Hand - Services


Services Operator


Cobar Water Board Operator



Section 679.

Penalty notices - power

to issue

To issue penalty notices in accordance with

the enabling legislation.




Services Manager

Project Manager


Roads Manager





Section 680.

Name and address -

power to demand

To demand the name and address of a

person in accordance with the enabling

legislation.




Services Manager

Project Manager


Roads Manager







PEE23 Environmental Planning &

Assessment Act 1979,(Section

118A)

Entry to land and

premises



functions authorised by the Environmental

Planning and Assessment Act 1979 and the

regulations made under it, to enter any

land and premises in accordance with the

enabling legislation.






Services Manager

Project Manager


Roads Manager



Services Supervisor

Works Supervisor

Contracts Supervisor


Plant Supervisor

Rural Supervisor

Urban Supervisor





Leading Hand - Services

Services Operator




PEE24 Environmental Planning and

Assessment Act 1979.

Development

applications - referrals for

comment

To comment on development applications

referred to Council for comment.




Service Manager

Project Manager

Roads Manager





PEE25 Protection of the Environment

Operations Act 1997 Sections 111

and 196.

Entry to land and

premises



functions authorised by the Protection of

the Environment Act 1997 and the

regulations made under it to enter any

land and premises in accordance with the

enabling legislation.






Services Manager

Project Manager


Roads Manager




Services Supervisor

Works Supervisor



Plant Supervisor

Rural Supervisor

Urban Supervisor





Leading Hand – Services

Services Operator






Operations Act 1997 Section 204.

Name and address -

power to demand



legislation.




Services Manager

Project Manager


Roads Manager






Operations Act 1997 (noise

control notices, noise control

notices specifying times, noise

abatement directions, clean up

notices, prevention notices,

compliance cost notices).

Notice - issue notices and

directions

To issue notices under the Protection of

the Environment Operations Act 1997 and

the regulations made under it (noise

control notices, noise control notices

specifying times, noise abatement

directions, clean up notices, prevention

notices, compliance cost notices).




Services Manager

Project Manager


Roads Manager






Operations Act 1997.

Offences Act on Council's behalf in matters of any


the prosecution for offences relating to the

Protection of the Environment Operations

Act 1997.




Services Manager

Project Manager


Roads Manager








Operations Act 1997. (as an

Authorised Officer under Section

187) & (as an Authorised person

under Section 275).


accordance with the Protection of the

Environment Operations Act 1997 and the

regulations made under it.




Services Manager

Project Manager


Roads Manager






Operations Act 1997 Section 226;

Protection of the Environment

(Clean Air) Regulation 2002;


(General) Regulation 2000;


(Waste) Regulation 2005.


to issue






Services Manager

Project Manager


Roads Manager





PEE31 Public Health Act 2010 (s41 serve

an improvement notice on the

occupier of premises).

Public Health Regulation 2012.


directions

To issue notices under the following Acts

and the regulations made under them:

Public Health Act 2010 (s41serve an

improvement notice on the occupier of

premises).

Public Health Regulation 2012.




Services Manager

Project Manager


Roads Manager







PEE32 Public Health Act 2010 Section

108.

Entry to land and

premises



functions authorised by the Public Health

Act 2010 and the regulations made under

it to enter any land and premises in

accordance with the enabling legislation.




Services Manager

Project Manager


Roads Manager





PEE33 Not used. Public Health Act 2010

– Section 126

Appoint an authorised

officer

To be an authorised officer under the

Public Health Act 2012 and Local

Government Act 1993 relating to public

health.

Director of Planning and Environmental

Services

Manager of Planning and Environmental

Services

PEE34 Food Act 2003 Section 37. Entry to land and

premises



functions authorised by the Food Act 2003

and the regulations made under it, to enter

any land and premises in accordance with






PEE35 Companion Animals Act 1998

Section 69A.

Name and address -

power to demand



legislation.





PEE36 Companion Animals Act 1998. Offences Act on Council's behalf in matters of any



Companion Animals Act 1998.





PEE37 Companion Animals Act 1998. Penalty notices - power

to issue









PEE38 Companion Animals Act 1998

(includes liability of owner,

control of dogs, dog attack,

fouling of footpaths, regulation of

greyhounds, regulation of

dangerous dogs, regulation of

restricted dogs, seizure of dogs

(including seizure under sections

18 & 57),


accordance with the Companion Animals


it.





PEE39 Impounding Act 1993. Entry to land and

premises



functions authorised by the Impounding


it, to enter any land and premises in





Services Manager

Project Manager


Roads Manager




PEE40 Impounding Act 1993. Notice - issue notices and

directions

To issue notices under the Impounding Act





Services Manager

Project Manager


Roads Manager




PEE41 Impounding Act 1993. Offences Act on Council's behalf in matters of any



Impounding Act 1993.




Services Manager



Project Manager


Roads Manager




PEE42 Impounding Act 1993. Enforcement functions To carry out enforcement functions in

accordance with the Impounding Act 1993

and the regulations made under it.




Services Manager

Project Manager


Roads Manager




PEE43 Impounding Act 1993. Penalty notices - power

to issue






Services Manager

Project Manager


Roads Manager




PEE44 Roads Act 1993. Offences Act on Council's behalf in matters of any



Roads Act 1993.




Services Manager

Project Manager


Roads Manager







PEE45 Roads Act 1993 (includes

enforcement relating to offences,

power to require production of

documents and supply of

information, and power to give

directions).


accordance with the Roads Act 1993 and

the regulations made under it.




Services Manager

Project Manager


Roads Manager





PEE46 Roads Act 1993 Department 5

Section 243. Roads Act (General)

Regulation 2000.


to issue






Services Manager

Project Manager


Roads Manager





PEE47 Approvals - Council land To determine applications for approval to

carry out activities on all Council owned or

controlled land except land classified as

community land by or under the Local





Services Manager

Project Manager


Roads Manager


6. Planning and Environmental Services


PES01 Environmental Planning and


Development

Applications –

determination

To exercise the powers, duties and

functions prescribed under the provisions

of the Environmental Planning and

Assessment Act 1979 that relate to the

determination of development applications

for non-designated development lodged

for:

1. use of buildings or the use of land

including applications for a change of use.

2. erection of a building or structure

(including advertising structures).

3. additions and/or alterations to an

existing building.

4. demolition of a building or partial

demolition of a building in conjunction

with development applications conforming

with i) - iii) above but excluding the

demolition of a heritage item.

5. partial demolition of a heritage item

listed in Schedule 1 of the Cobar LEP, 2012

where the work is of a minor nature and

will not adversely affect the heritage

significance of the heritage item.

6. subdivision of land other than those

applications which would require the

imposition of a covenant to restrict the

floor space potential on part of the subject

site.

7. strata subdivision of land.

8. a change of use or an additional use in

a building which has "existing use" rights,

where the new use or additional use is





considered to be less detrimental to the

amenity of the neighbourhood than the

existing use, whether or not the

application involves alterations and/or

additions to any existing building.

9. To approve additional material or

further details of development applications

required to be submitted for the approval

or satisfaction of Council in compliance

with a condition of consent.

10. Provided of course no objections to the

development have been received.



Development

Applications - objections

received

To determine development applications

for non-designated development where

public objections have been received, but

are considered to be not well founded, or

satisfied by the imposition of conditions, or

by amendment of the application or where

the objectors have subsequently

withdrawn their objection.





Legal proceedings –

Development

To represent Council in legal proceedings

arising out of Council's administration of

the Environmental Planning and

Assessment Act 1979 and its Regulations.




Services Manager

Project Manager

Roads Manager




Development

Applications - extension

of consents

To extend development consents

conforming with delegations PES01 and

PES02 by one further year pursuant to

S95A of the Environmental Planning and








Development

Applications – illegible

applications

To reject unclear or illegible applications

under S78A of the Environmental Planning

and assessment Act



PES06 Environmental Planning &


Certificates of

Classification

To issue Certificates of Classification of

buildings required under the Environmental

Planning & Assessment Act 1979.





Development

Applications -

determination for

dwellings and/or building

related activities

To exercise the powers, duties and

functions prescribed under the provisions

of the Environmental Planning and

Assessment Act that relate to the

determination of development applications

for non – designated development lodged

for:

i) erection of a building or structure

(including advertising structures).

ii) additions and/or alterations to an

existing building.

iii) demolition of a building or partial

demolition of a building in conjunction

with development applications conforming

with i) - ii) above but excluding the

demolition of a heritage item.

iv) partial demolition of a heritage item

listed in Schedule 1 of the Cobar LEP, 2012

where the work is of a minor nature and

will not adversely affect the heritage

significance of the heritage item.

v) To approve additional material or

further details of development applications

required to be submitted for the approval

or satisfaction of Council in compliance

with a condition of consent. Provided of

course no objections to the development

have been received.







Development

Applications – refunds

To approve refunds relating to Development

Applications and S96 modifications in

accordance with the provisions of the Act

and any policy adopted by Council for





Assessment Act 1979;

Planning & Assessment Act 1979.


directions

To issue notices under the Environmental

Planning & Assessment Act 1979 and the

regulations made under it.








to issue









Development

Applications - advertising

and notification

To determine whether:

1. Development Applications and

amendments would cause the enjoyment of

adjoining and other land to be detrimentally

affected and/or be of such a nature as to

require the development application to be

notified to adjoining owners and other

persons who may be affected by the

development;

2. Partial demolition of a heritage item listed

in Schedule 1 of the Cobar LEP, 2012 will be

of a minor nature and will not adversely

affect the heritage significance of the

heritage item, and thus not require the

development application to be advertised as

if it were designated development.






Assessment Act 1979 Section 65;

Clause 16(6) Regulations.

Functions of Director

General Department of

Planning

Exercise the functions of the Director

General Department of Planning where

delegated by the Director General

Department of Planning to Council under

Section 65 of the Act and Clause 16(6) of

the Regulations in respect of any draft local

environmental plan prepared by the

Council, subject to such limitations given

by the Director General.




Assessment Act 1979 Section 69.



Planning

Exercise the functions of the Director

General Department of Planning where

delegated by the Director General

Department of Planning to Council under

Section 69 of the Act in relation to any

draft local environmental plan prepared by

the Council, subject to such limitations

given by the Director General.




Assessment Act 1979 and

Regulation.

Refund of fees paid

NB: The Council must give

a refund in respect of DA

fees where a DA is

rejected (clause 51(4) of

the EP&A Regulation).

See clause 139A of the

Regulation for

Construction Certificate

fees.

Authorise the giving of a refund in respect

of fees paid by an applicant in respect of a

development application, construction

certificate or section 96 modification.





Subdivision - Land To process and determine applications for

approval for Subdivision under the

Environmental Planning and Assessment

Act 1979, subject to no objections being

received.







Subdivision Certificates To issue Subdivision certificates under

Section 85 of the Act.




Assessment Act 1979 Section

85A.

Complying Development

Certificate

Determine a Complying Development

Certificate application by issuing a

certificate or refusing to issue a certificate

under Section 85A of the Act.





Modification of

Complying Development

Determine an application to modify

development the subject of an application

or certificate in accordance with Section 87

of the Act.





95A.

To increase the lapsing

period for a development

Determine an application to increase the

lapsing period for a development consent,

pursuant to section 95A of the

Environmental Planning & Assessment Act

1979 (NSW).





Development

Applications –

modification

To modify development consents given

under S96 of the Environmental Planning &

Assessment Act where the development as

modified is substantially the same

development and no prejudice will be

caused to any person who objected to the

development application which is the

subject of that consent.





109C.

Construction Certificates Determine applications for Part 4A

certificates for building work under Section

109C of the Act.





121B.

Order - to erect a

structure

To give an order to erect or install building

structures or appliances to protect persons

or property on or in a public place.








121B(5).

Order - alter or remove

advertising structures

To give an order to alter, obliterate,

demolish or remove an advertisement and

any associated advertising structure.






121B(8).

Order - repair advertising

structures

To give an order to do such things in

relation to an advertising structure as are

specified in the order to remove a threat to

the safety of the public.






121B(14).

Order - repair or remove

building

To give an order to repair or remove a

building situated wholly or partly in a

public place.






149.

Planning Certificates,

Environmental Planning

and Assessment Act 1979

- Section 149 Certificates

To sign and issue S149 certificates in

accordance with the provisions of the

Environmental Planning and Assessment

Act 1979.






149A.

Building Certificates To exercise the powers, authorities, duties

and functions of the Council prescribed

under S149A of Environmental Planning

and Assessment Act 1979 relating to

Building Certificates.



PES28 Local Government Act 1993

Section 68 Part A.

Approvals - buildings,

temporary structures or

moveable dwellings

To determine applications for approval to

install a manufactured home, moveable

dwelling or associated structure on land.






Section 68 Part C.

Approvals - management

of waste


1. For fee or reward, transport waste over

or under a public place.

2. Place waste in a public place.

3. Place a waste storage container in a

public place.

4. Dispose of waste into a sewer of the

council.

5. Install, construct or alter a waste

treatment device or a human waste

storage facility or a drain connected to any

such device or facility.

6. Operate a system of sewage

management (within the meaning of

Section 68A).





Section 68 Part E.

Approvals - Public roads To determine applications for approval to:

1. Swing or hoist goods across or over any

part of a public road by means of a lift,

hoist or tackle projecting over the footway.

2. Expose or allow to be exposed (whether

for sale or otherwise) any article in or on or

so as to overhang any part of the road or

outside a shop window or doorway

abutting the road, or hang an article

beneath an awning over the road.







Section 68 Part F.

Approvals - other

activities


1. Operate a public car park.

2. Operate a caravan park or camping

ground.

3. Operate a manufactured home estate.

4. Install a domestic oil or solid fuel

heating appliance, other than a portable

appliance.

5. Install or operate amusement devices.

6. Use a standing vehicle or any article for

the purpose of selling any article in a public

place.

7. Carry out an activity prescribed by the

regulations or an activity of a class or

description prescribed by the regulations.





Section 82.

Objections to regulations

or local approval policies

To determine objections to the application

of regulations or local approval policies.





Section 85.

Approvals - illegible

applications

To reject unclear or illegible applications

for approval under the Local Government

Act 1993.





Section 106.

Approvals – amendment To amend approvals in accordance with

legislation and Council policy.





Section 107.

Approvals - extension and

renewal

To determine applications for extensions

and renewals of approvals.




PES36 Local Government 1993 Section

109.

Approvals - revocation

and modification

To revoke or modify an approval. Director Planning and Environmental Services







Order -

repairs/alterations to

building

To give an order to repair or make

structural alterations to a building.






Order - bring building into

compliance with

requirements of the Act

To give an order to take such action as is

necessary to bring into compliance with

relevant standards or requirements set or

made by or under the Local Government

Act:

a building or a temporary structure used as

a place of public entertainment.

a building or part of a building erected

without approval of Council.

a place of shared accommodation.

a building or structure not previously

approved by Council.






Order - fence land To give an order to fence land. Director Planning and Environmental Services





Order - identify premises To give an order to identify premises with

such numbers or other identification in

such manner as is specified in the order.






Order - stack or cover

articles, to erect fences or

plant trees

To give an order to remove or stack articles

or matter, to cover articles or matter, to

erect fences or screens or to plant trees.






Order - cease an activity To give an order not to conduct, or to

cease conducting, an activity on premises

(whether or not the activity is approved

under the Local Government Act).






Order - leave, or not

enter, premises

To give an order to leave premises or not

to enter premises.








Order - keeping of birds

or animals

To give an order not to keep birds or

animals on premises, other than of such

kinds, in such numbers or in such manner

as specified in the order






Order – food To give an order to put premises, vehicles

or articles used for the manufacture,

preparation, storage, sale, transportation

or other handling or use of food into a

clean or sanitary condition.




PES46 Section 124 Local Government

Act 1993 Order 22.

Order - handling and

storage of waste on

To give an order to store, treat, process,

collect, remove dispose of or destroy

waste (other than waste that is dealt with

under the Waste Disposal Act 1970) which

is on land or premises in the manner

specified in the order.




PES47 Section 124 Local Government

Act 1993 Order 25.

Order - human waste

storage facility

To give an order not to use or permit the

use of a human waste storage facility on

premises after a specified date.





Section 132.

Order - notice of

intention

To give notice of Council's intention to give

an order to the person to whom the order

is proposed to be given





Sections 176, 177, 178.

Appeals in the Land and

Environment Court

To exercise the powers, authorities, duties

and functions of Council in relation to

appeals in the Land and Environment Court

under Sections 176, 177 and 178 of the

Local Government Act 1993.




PES50 Strata Titles Act 1973.

Strata Titles (Leasehold) Act

1986.

Subdivison - Strata To exercise Council's powers and functions

under the Strata Titles Act 1973 and the

Strata Titles (Leasehold) Act 1986 including

applications for approval of strata plans

and termination of strata schemes.





PES51 State Environmental Planning

Policy No.1.



Planning

Exercise the Director General Department

of Planning's delegation to grant

concurrence to vary development

standards under State Environmental

Planning Policy No.1, subject to such

limitations given by the Director General.



PES52 Cobar Council LEP, 2012. Heritage items - partial

demolition

Subject to the provisions of Cobar LEP 2012

- Conservation of Heritage items, to grant

approval to the demolition of a heritage

item described in schedule 1 in the LEP or

to the alteration of a building which

contains elements described as a heritage

item in Schedule 1 of the LEP, which would

result in the partial demolition of a

heritage item, only if the delegate has

taken into consideration the heritage

significance of the whole of the heritage

item and is satisfied that the approval:

a) minimises disturbance to the significant

fabric of the original item;

and b) ensures that the architectural

integrity and three dimensional

appearance of such part of the heritage

item as is to be retained is maintained.



PES53 Council Development Control

Plan.

Development Controls Vary Council Development Controls to

permit determination of applications not

complying with Council's DCP where

appropriate.



PES54 Section 136 Heritage Act 1977. Heritage Orders To give an order to prevent harm to

buildings, works, relics or items of heritage

significance.






PES55 Swimming Pool Act 1992. Entry to land and

premises



functions authorised by the Swimming Pool


it to enter any land and premises in






PES56 Swimming Pool Act 1992. Offences Act on Council's behalf in matters of any



Swimming Pool Act 1992.





PES57 Swimming Pool Act 1992. Enforcement functions To carry out enforcement functions in

accordance with the Swimming Pool Act






PES58 Swimming Pool Act 1992. Penalty notices - power

to issue







PES59 Swimming Pool Act 1992. Notice - issue notices and

directions

To issue notices under the Swimming Pool

Act 1992 and the regulations made under.





PES60 Swimming Pool Act 1992 Section

22.

Swimming Pools -

exemption from

compliance

In accordance with Section 22, on

application made by the owner, exempt

the swimming pool from all or any of the

requirements if satisfied, in the particular

circumstances of the case, that it is

impracticable or unreasonable for the

swimming pool to comply, or, that

alternative provision, no less effective than

those requirements, exists for restricting

access to the swimming pool.





PES61 Swimming Pool Act 1992 Section

23.

Swimming Pools - Notice

to Comply

Under Section 23 of the Swimming Pools

Act 1992, issue notices to comply to any

pool owner to ensure that the swimming

pool or premises comply with the

requirements of the Act.





PES62 Swimming Pools Act 1992 Section

24.

Swimming Pools -

Certificate of Compliance

On application by the owner of premises,

under Section 24 of the Swimming Pools

Act 1992, issue a certificate of compliance

if satisfied that the swimming pool

complies with the requirements of the Act.




PES63 Swimming Pools Act 1992 Section

27.

Inspector - Swimming

Pools

To be an inspector for the purposes of the

Swimming Pool Act 1992.





PES64 Not used.

PES65 Public Health Act 2010 and Public

Health Regulation 2012;


accordance with the following Acts and the

regulations made under them:

Public Health Act 2010 and Public Health

Regulation 2012.





PES66 Companion Animals Act 1998

Section 69A.

Entry to land and

premises



functions authorised by the Companion

Animals Act 1998 and the regulations

made under it to enter any land and

premises in accordance with the enabling

legislation.





PES67 Companion Animals Act 1998. Notice - issue notices and

directions

To issue notices under the Companion

Animals Act 1998 and the regulations

made under it.







PES68 Roads Act 1993 Sections 164-174. Entry to land and

premises



functions authorised by the Roads Act

1993 and the regulations made under it to

enter any land and premises in accordance

with the enabling legislation.






PES69 Impounding Act 1993. Name and address -

power to demand



legislation.






PES70 Inclosed Lands Protection Act

1901.


accordance with the Inclosed Lands

Protection Act 1901 and the regulations

made under it.






PES71 Summary Offences Act 1988

(includes enforcement relating to

offences in public places under

Part 2, and offences relating to

violent disorder under Part 5).


accordance with the Summary Offences


it.





PES72 Food Act 2003 Section 114. Enforcement functions To carry out enforcement functions in

accordance with the Food Act 2003 and

the regulations made under it.





PES73 Food Act 2003. Notice - issue notices and

directions

To issue notices under the Food Act 2003

and the regulations made under it.





PES74 Food Act 2003 and Food

Regulation 2004.


to issue









PES75 Liquor Act 1982; Registered Clubs

Act 1976; Gaming and Betting Act

1912.

Licensing Court

applications - objections.

To object to the granting of an application

to the Licensing Court of NSW under the

Liquor Act 1982, Registered Clubs Act

1976, or the Gaming and Betting Act 1912,

in respect of premises which are, or will be

situated within the boundaries of the local

government area.






Services Manager

Roads Manager


Project Manager


7. Procurement


P01 Local Government (General)

Regulation 2005 – Part 7.

Calling and Consideration

of Tenders

To fulfil the role of "Council" referred to in

the Regulation, limited by the acceptance

of tenders which cannot be delegated

under the Act, but including entering into

contracts on behalf of Council once a

tender has been accepted in accordance

with the Regulation within Council’s

financial delegations.












Services Manager

Project Manager


Roads Manager



P02 Local Government (General)

Regulation 2005 – Clause 164.

Receive or deal with

tenders submitted

Act as an appropriate person, within the

meaning of clause 164 of the Local

Government (General) Regulation 2005, to

receive or deal with tenders submitted to

Council. The functions of an "appropriate

person" under the Act & Regulations

include:

1. Placing tenders submitted by facsimile

in a sealed envelope (cl 173);

2. Store in an information system tenders

submitted by electronic means (cl 174);

3. Open tenders in presence of one other

person designated by the General Manager

(cl 175);












Services Manager


Roads Manager



4. Prepare a tender list (cl 175). Manager Planning and Environmental Services


Plant Supervisor

Records Officer

Records Assistant

P03 Council Policy A2-5. Expenditure - Operating

Budget up to $1,000

To incur expenditure up to $1,000, subject

to the expenditure being provided for in

Council's Annual Operational Plan and

associated budget, and also being within

the Officers area of general responsibility.

P04 Council Policy A2-5. Expenditure - operating

budget up to $2,000




associated budget and also being within

the Officers area of responsibility.

Customer Service Officer

Technical/Administration Officer – Contracts

Executive Assistant – General Manager/Mayor

Executive Assistant Engineering Services

Executive Assistant Planning and

Environmental Services

Records Officer

Payroll Officer



Registered Nurse (Lilliane Brady Village)

Trainee Civil Engineering Technician


budget up to $5,000




associated budget and associated budget

and also being within the Officers area of

responsibility.


Village)






budget up to $10,000

To incur expenditure up to $10,000,

subject to the expenditure being provided

for in Council's Annual Operational Plan

and associated budget also being within




Services Supervisor

Works Supervisor

Contracts Supervisor




Rural Supervisor

Urban Supervisor




To incur expenditure up to $20,000 subject





Fire Control Officer

RFS Operations Officer






associated budget also being within the

Officers area of responsibility.



Leading Hand - Workshop

Store Manager

Relief Store person








Plant Supervisor






and associated budget for purchase of fuel

and emulsion and also being within the

Officers area of responsibility.

Store Manager

Relief Store Person






and associated budget and also being

within the Officers area of responsibility.



Services Manager

Project Manager


Roads Manager








and associated budget and also being

within the Officers area of responsibility in

absence of Director Corporate and

Community Services.







and associated budget.





8. Staff Related Delegations


S01 Appointment of Staff To recommend appointment of, and to

control, staff within the Department under

the control of the Director, in accordance

with the approved organisation structure

and resources of Council.




S02 Study leave To approve study leave for staff in any

operational area of Council in accordance

with Council policy.




S03 Special leave To approve special leave not exceeding

one week for staff in any operational area

of Council in accordance with Council

policy.




S04 Jury Service To approve and authorise attendance by

staff for Jury Service.





S05 Signing of

Correspondence

To sign outwards correspondence relating

to the area for which the officer is

responsible, on behalf of the General

Manager except for correspondence:

(a) to the Ombudsman and ICAC;

(b) to the Prime Minister, Premier,

Ministers (Federal or State); or State and

Federal Members of Parliament; or

Director Generals (Federal or State).

(c) relating to staff appointments;

(d) to Government Departments of a

controversial nature;

(e) considered to require the General

Manager's signature;

and (f) to Councillors.












Village)


Services Manager

Project Manager



NB: All Correspondence is to be signed in

the following manner: For example: Yours

faithfully, [insert name] [insert position]


Roads Manager



Payroll Officer

Rates Officer

S06 Advertisement of

position vacancies

To authorise the advertisement of position

vacancies, in all operational areas of

Council in accordance with Council policy,

where approval has been given by the

General Manager to fill the position.







S07 Conferences and

Meetings

To approve staff attendance and payment

of travel and other expenses for

conferences and meetings within NSW and

the ACT.




S08 Fees - reductions To reduce a particular individual fee in a

particular circumstance – Limit $5,000.00.

S09 Funding acquittals Forward funding acquittals and project

reports to funding bodies.












Village)




Services Manager

Project Manager


Roads Manager



S10 Funding certificates To issue funding certificates. Director Corporate and Community Services











Village)


Services Manager

Project Manager


Roads Manager





S11 Leave To approve leave except study leave, leave

without pay and special leave in

accordance with an award or Council's

policies, only after checking that an

appropriate leave entitlement exists.












Village)


Services Manager

Project Manager


Roads Manager



S12 Leave without pay To approve leave without pay for staff for

less than 4 weeks.




S13 Recognition of previous

service

To approve the recognition of previous

service for long service leave purposes in

accordance with the award for staff in any

operational area of Council.




S14 Recruitment Action -

Casual Staff

To approve appointment of casual staff. Director Corporate and Community Services




S15 Retirement of staff To approve the retirement of staff in any

operational area of Council on the grounds

of age or ill health.






S16 Rostered Days Off and

rostered working times

To approve variations to rostered day off

patterns and rostered working times.












Village)


Services Manager

Project Manager


Roads Manager



Rates Officer

S17 Termination of staff To reduce the term of employment of

temporary Council or agency staff in any

operational area of Council.






S18 Timesheets To authorise staff timesheets. Director Corporate and Community Services











Village)


Services Manager

Project Manager


Roads Manager




9. Delegations to External Positions


EP01 Local Government Act 1993;

Rural Fires Act 1997.

Fire Control Officer (a) to carry on the regular fire protection

services and operations of Council, limited

to any single expenditure amount being

no greater than $20,000, and within the

sums voted by the Council for expenditure

within the position's area of responsibility;

(b) to act as an authorised person within

the meaning of the Local Government Act

1993,

(c) to organise the repairs / maintenance of

Council plant and machinery provided for

bush fire related purposes,

(d) to organise the carrying out of works on

a contract basis for other businesses,

individuals or government

instrumentalities in accordance with

Council's guidelines and fee schedules for

such works;

(e) to enter upon any such land in

accordance with the powers granted under

any act administered by the Council, for

the purpose of carrying out duties on

Council's behalf.



EP02 Local Government Act 1993;

Rural Fires Act 1997.

RFS Operations Officer (a) to carry on the delegations to the Fire

Control Officer in his absence;

(b) to carry on the regular fire protection

services and operations of Council, limited

to any single expenditure amount being no

greater than $20,000, and within the sums

voted by the Council for expenditure

within the position's area of responsibility;

(c) to act as an authorised person within

the meaning of the Local Government Act

1993;

(d) to organise the repairs / maintenance

of Council plant and machinery provided

for bush fire related purposes;

(e) to enter upon any such land in

accordance with the powers granted under

any act administered by the Council, for

the purpose of carrying out duties on

Council's behalf.

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