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
0CDCD
Coa)0
0-
0rn0g:
3
-c)-c3
20
CC/CDCDCD
(SI CD
1,3 1:i0 °^
Cr) (0 i.n (.1) 0 CD Cl) rnbi biC)
60
60
ix0
010•-p.0 co
1)1 7=: ^-6"..., ." ....-• 5) ..-. ...-- .--- VII I.117---- •-.....
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
0(1)
—Cs) cr,0
c
700CDCD
C-C)
rn0
0
C
CDCL mCA) 9
4C0.
0
fil.0)c--..,---..51)
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
Cr)
CI? c-ca cCD CD
1.3GO 0
Cll0 C
caN)
cn
oo
s.64(5) co6o.)
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
11)1-15- 0 040_ ■
Na) 0
0.O.
V)500
_o0t751cs)
015-
E2
zza_
rn
C)
co-)
CT) Go0 .-■•-"4 2to 3
coco
o-0
0
-ok,")
cr)
c_Ca'E . N.)-
---0taC
a
s.76A(2)
&
(3) (/)
0)>....
..-0
(1)
Cr)
(f)
.A.s.73 s.71(2)LO
:-.4—1
.---,
.---
Cr):,I0
Cn6CO1■3
cn6CO_N.>,....-
Go6CO_N.
.-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
o_tr•-Lr) P-N
CI a)
0
TD.
ocici)0
8
00›,
0(11(l)7.)O0
E cs)2N-- g
.4 4"(7) a
(0
CD
- I . 5cs)o-4 d
0CD7
co
0
0
"0
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
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