Vision for the future To be the city of choice to live ... · • Hampton Park - Cr Damien Rosario • River Gum Creek Opening – Cr Damien Rosario . 5. Minutes of August 2016 meeting

Council Meeting Tuesday 4 October 2016

Notice and Agenda of Meeting to be held in the Council Chamber,

Magid Drive, Narre Warren

Commencing at 6.30 p.m. Chairperson: Mayor, Cr Sam Aziz Members: Deputy Mayor Cr Mick Morland OAM Deputy Mayor Cr Wayne Smith BJ, JP Councillor Geoff Ablett Councillor Louise Berkelmans Councillor Rosalie Crestani Councillor Rafal Kaplon Councillor Damien Rosario Councillor Gary Rowe Councillor Susan Serey Councillor Amanda Stapledon Chief Executive Officer: Mike Tyler

Vision for the future

To be the city of choice to live, work and raise a family.

ORDER OF BUSINESS

1. Reading of the Prayer and Faith Message 2. Statement of Acknowledgement 3. Apologies 4. Confirmation of Minutes of:

Council Meeting held on 18 September 2016

5. Declaration by Councillors of any Conflict of Interest or Personal Interests pursuant to Sections 79 and 79B of the Local Government Act 1989 (the Act) in any items on the Notice Paper. (Note that Section 79(2)(a)(i) of the Act requires Councillors to disclose the nature of a Conflict of Interest or a Personal Interest immediately before the relevant consideration or discussion). Section 79B also requires that the Councillor declaring a Personal Interest must seek consent from Council to be exempt from voting on the item.

6. Officers’ Reports – Initial Consideration

Item Subject Council

Plan Ref. Page

6.1 Cranbourne Meadows Cricket Club – Notice of Motion 3093 4.3 1

6.2 Conservation Advisory Committee Meeting Minutes 3.4 4

6.3 Arts and Cultural Advisory Committee Meeting Minutes 1.4 7

6.4 Instrument of Delegation to Members of Council Staff 5.6 10

7. Public Question Time 8. Officers’ Reports – Deferred for Consideration 9. Consideration of Reports of Committees

Assembly of Councillors 10. Petitions and Joint Letters 11. Notices of Motion

No Subject Councillor Page

3101 M.E.T.A.L. Group Presentation to General Purposes Committee

Rosario 1

12. Reports by Council Delegates 13. Urgent Business

OFFICERS’ REPORTS

Officers’ Reports

4 October 2016 ITEM 6.1 CRANBOURNE MEADOWS CRICKET CLUB – NOTICE OF MOTION 3093 Trevor Griffin Council Plan Reference: 4.3

Purpose of Report: To report back to Council on Notice of Motion No 3093 regarding the provision of Shade for Cranbourne Meadows Cricket Club.

Background At its meeting on 6 September 2016, Council, in adopting Notice of Motion No 3093, moved by Cr Stapledon, resolved:

That further to a meeting that occurred with Council and the Cranbourne Meadows Cricket Club at their home at Lawson Poole Reserve earlier this year, Council consider the following:

1. Urgent identification of funding to permit the construction of temporary or permanent shade sales to accommodate the upcoming cricket season.

2. Upgrade of the facilities be scoped in consultation with all user groups and referred to the Major Capital Works program for the financial year 2017/18.

3. If dollars cannot be identified to upgrade the facility, due to the current rate capping environment, the club be provided with an alternate home until funding can be committed to the project.

4. An interim report come back to Council by the first Council meeting in October 2016 as to how (temporary) shade can be provided, with a subsequent report relating to points two and three back to Council when information is available.

It should be noted that this report addresses items 1 and 4 of the resolution. Discussion The Cranbourne Meadows Cricket Club is based at Lawson Poole Reserve in Cranbourne and is a member club of the West Gippsland Cricket Association. The club currently has 110 registered players and is requesting further shade for its members located next to Oval 1. Lawson Poole Reserve is also home to Midway Cobras Football Club, Cranbourne Junior FC and Gideon’s Warriors Soccer Club. Consultation with all user groups will be undertaken prior to progressing the project further. Council officers met with the Club executive on 13 September 2016 to discuss the preferred options for shade. As there have been delays to the pavilion renewal, the club believes there is a strong need for a shade structure for the upcoming cricket season. At the onsite meeting, the club expressed their desire for a structure to be built immediately adjacent to the existing cricket wicket practice nets. (Refer to Attachment A).

Council Meeting Page 1

Officers’ Reports

4 October 2016 ITEM 6.1

Cost The proposed project has been scoped and the preliminary estimate is $9,350. This would provide a shade structure made up of four posts, supporting rectangular shade cloth of dimensions 8 metres by 5 metres. The proposed project is not currently allocated in Council’s 5 Year Capital Works Program. The estimated time to supply and install is 4 weeks from placement of order. Therefore, the earliest the shade structure would be available for use would be 5 November 2016. Officer Direct or Indirect Interest No Council Officers involved in the preparation of this report have a direct or indirect interest in matters for consideration. Conclusion A meeting has occurred with Cranbourne Meadows Cricket Club, and the preferred location for a shade structure has been agreed at an estimated cost of $9,350.00. Whilst the project is supported by Officers, there is currently no budget allocation for this project in Council’s Capital Works Program. Recommendation 1. That the report be noted. 2. That the construction of a shade structure at Oval 1 at Lawson Poole Reserve be

referred for consideration to the 2017/18 Capital Works Program.


Officers’ Reports


ATTACHMENT A

Proposed Location of Shade Sail


Officers’ Reports

4 October 2016 ITEM 6.2 CONSERVATION ADVISORY COMMTTEE MEETING Nicola Ward Council Plan Reference: 3.4

Purpose of Report: To provide Council with the minutes of the Conservation Advisory Committee meeting held Wednesday, 7 September 2016

Background The City of Casey Conservation Advisory Committee met on 7 September 2016 (minutes form Attachment A). The meeting was chaired by Cr Damien Rosario.

Items for Council to note from the minutes Kathryn Seirlis, Rate Capping Strategy Coordinator, presented to the Committee on the Casey Next consultation program. Kathryn informed the Committee of the Casey Next project, specifically noting that is an ambitious community engagement program designed to inform a revised Council vision and the next Council Plan. Kathryn highlighted Casey Next is the largest community engagement activity undertaken by Council. The Committee discussed their vision for Casey, which included a municipality that focuses on creating local jobs, the development of an education hub and an improved transport network. The Committee identified opportunities for Casey to be a leader in sustainability with a vision of carbon neutrality and an engaged and cohesive community that appreciates the social and natural history of where they live. The Committee commended Council on the delivery of the Casey Next consultation program and recognised the significant time and effort invested into ensuring a diverse cross section of the community have been engaged. The Committee discussed the Aboriginal Heritage Amendment Act 2016 and noted the Act makes changes to the development and management of Cultural Heritage Management Plans and highlighted the Act allows for intangible heritage to be registered. The Committee noted the use of registered intangible heritage such as stories, dance and names will require approval through Aboriginal Affairs Victoria and highlighted the implications for Council and Council officers if they are found to be in breach of the Act. The Committee discussed Casey’s local, social and natural history and noted the need for a heritage display centre in Casey. The Committee highlighted the innovative engagement tools being used around the world and noted opportunities within existing Casey sites to provide a coordinated heritage education and exhibition space. The Committee agreed and made the following recommendation.


Officers’ Reports

4 October 2016 ITEM 6.2 Committee Recommendation ‘That the Conservation Advisory Committee recommend that Council investigate the provision of exhibition space for local, social and natural heritage history within the City of Casey’. Moved – Ian Chisholm Seconded – Ruth Crofts Carried Officers Comment The development of a Heritage Centre needs to be supported by an adopted Council Policy or Strategy. A Heritage Strategy is being developed and the Committee are being kept informed as this progresses. Officers recommend that Council notes the Committee’s recommendation and refers the concept of a Heritage Centre to be included in the development of the Heritage Strategy. Council can then consider the merits of the proposal as part of its consideration of the Heritage Strategy which is expected to be brought to the new Council in 2017 for approval to exhibit for public consultation. Officer Direct or Indirect Interest No Council officers involved in the preparation of this report have a direct or indirect interest in matters for consideration.

Conclusion The City of Casey Conservation Advisory Committee plays a valuable role in assisting Council to enhance, strengthen and advocate on the natural environment, sustainability and heritage in Casey.

Recommendation 1. That Council note the minutes of the 7 September 2016 meeting of the

Conservation Advisory 2. That Council note the recommendation of the Conservation Advisory Committee

that “Council investigate the provision of exhibition space for local, social and natural heritage history within the City of Casey” and that this concept be referred to the development of the Heritage Strategy.


Officers’ Reports


ATTACHMENT A

Minutes of Conservation Advisory Committee – 7 September 2016


City of Casey

City of Casey Conservation Advisory Committee

Minutes of Meeting 7 September 2016 Meeting Room 7, Council Offices, 7.00 pm–9.00 pm

1. Statement of acknowledgement 2. Attendance and apologies Attendees: Cr Damien Rosario (Chair), Cr Rafal Kaplon, Ian Chisholm, Ruth Crofts,

Mark Dall, Robin Dzedins, Stephen Hallett, Kasuni Mendis, Linda Moon, Brett Munckton, Tony O’Hara, Melissa Peppin, Barbara Perkins, Simon King (Council Officer), Kathryn Seirlis (Council Officer)

Apologies: Cr Mick Morland, Cr Rosalie Crestani, Halina Gwizdzil, Don Jewell, Ricardo

Simao, Tony Patti, Jennifer Lewis

Guest Speaker: Kathryn Seirlis, Rate Capping Strategy Coordinator – City of Casey – Casey Next Consultation

Meeting started: 7.08 pm 3. Conflicts of Interest No conflict of interest was declared.

4. Call for items of other business • Heritage in Casey – Ian Chisholm • Waste Education – Tony O’Hara • Staff Recognition – Robin Dzedins • Blue Green Algae – Brett Munckton • Take2 Pledge – Simon King • Hampton Park - Cr Damien Rosario • River Gum Creek Opening – Cr Damien Rosario 5. Minutes of August 2016 meeting

Recommendation:

That the minutes of August 2016 meeting be accepted as written. Moved – Robin Dzedins Seconded – Melissa Peppin Carried

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City of Casey 6. Guest Speaker – Kathryn Seirlis, Rate Capping Strategy Coordinator – Casey Next

Consultation – City of Casey Cr Rosario introduced Kathryn Seirlis, Rate Capping Strategy Coordinator from the City of Casey who presented to the Committee on the Casey Next Consultation program. Kathryn informed the Committee of the Casey Next project, specifically noting that is an ambitious community engagement program designed to inform a revised Council vision and the next Council Plan. Kathryn highlighted Casey Next is the largest community engagement activity undertaken by Council and has included: • an online survey, • more than 20 pop-up events, • attendance at regular community events and meetings, and • discussion groups. Kathryn noted the consultation process has been running for 5 weeks and will finish on 16 September 2016 and encouraged Committee members to keep the conversation going and invite their networks to complete the online survey. The Committee discussed the challenges faced by Council and noted the impacts of rate capping on service delivery. Kathryn informed the Committee that Council provides services to over 300,000 residents and 16,000 businesses every year and noted Casey’s population is growing by approximately 7,600 residents each year. The Committee discussed what type of City they wanted Casey to be in 2041, discussions included: • a focus on local jobs with an innovative employment hub that encourages the development

of new and emerging industries, • the development of an education hub, • a harmonious community that is united and engaged, • a sustainable municipality with a vision of carbon neutrality, which is viewed as a leader to

other Councils and business in the region, • a community that is engaged, cohesive and appreciative of where they live, building a

sense of place and recognition of the heritage and history of Casey, • an extensive transport network to effectively service the growing population, • reduced reliance on landfill and waste services, and • recognised as the true hub of the south east. The Committee identified transport as the one thing they would change in Casey and noted 70 per cent of Casey’s residents leave the municipality for work. The Committee discussed the need to encourage development of local jobs and improved public transport connections. Kathryn asked the Committee what three words they would use to describe their vision for the City of Casey and the following responses were received: • Safe • Socially cohesive • Green, with a focus on tree canopy cover along streets and within road reserves • Links between habitat and recreation connecting people with nature • Maintain the Green Wedge

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City of Casey • Regenerative – taking steps to replace what has been lost • Mandatory inclusionary zoning • Innovative and leaders in Heritage, Sustainability and Natural Resource Management The Committee discussed the types of services that are important to them and noted the need to focus on: • Localising business around major hubs • Advocating to state and federal governments for funding to support innovative business

development, education and social housing • Access to health services with a particular focus on youth and community mental health The Committee commended Council on the delivery of the Casey Next consultation program and recognised the significant amount of time and effort invested in ensuring a diverse cross-section of the community has been engaged. Action: Council officers to email the Casey Next online survey to the Committee 7. Annual Bus Tour The Committee discussed the proposed format of the annual bus tour and recommended the tour take place in February 2017. The Committee identified a range of sites of interest including: • Heritage sites in growth areas • The coastal villages • Recipients of Council grants • Bunjil Place • Green Wedges and the urban growth areas under development • Innovative businesses and the Casey Cardinia Business Hub 8. Update on Actions

Council Officers updated the Committee on actions arising from previous meetings. 9. Sub-committee Reports Heritage Sub-committee The Heritage Sub-committee met on the 17 August 2016 and Melissa reported to the Committee on the items discussed: Heritage Grants The Sub-committee discussed the allocation of the 2016-17 Heritage Grants and noted 15 applications were received. The Sub-committee noted that a number of grants did not meet the criteria and were ineligible.

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City of Casey The Sub-committee discussed Council officer recommendations and highlighted three instances where more than 50 per cent of the project cost had been recommended. The Committee discussed the guidelines and noted the potential to set a precedent. The Committee discussed the process involved in reviewing and evaluating the Grant Guidelines and application process. Aboriginal Heritage Amendment Act The Sub-committee discussed the Aboriginal Heritage Amendment Act 2016. The Sub-committee noted the Act makes changes to who can approve and manage Cultural Heritage Management Plans and discussed how the Act allows for intangible heritage to be registered. The Sub-committee noted the use of registered intangible heritage such as stories, dance and names will require approval through Aboriginal Affairs Victoria and noted the implications for Council and Council officers if they are found in breach of the Act. Eyre Court Heritage Homestead The Sub-committee highlighted a proposal for subdivision around Eyre Court Homestead and raised concern with the impact on the heritage values of the site. The sub-committee discussed the development of a Conservation Management Plan for the site. Natural Resource Management Sub-Committee The Natural Resource Management Sub-committee prior to the meeting and Robin reported to the Committee on the items discussed: Crown Land Leases The Sub-committee discussed the allocation of Crown Land Grazing Licences and Water Frontage Licences in Casey. The Sub-committee highlighted the existing licences are limited to properties in Tooradin and no decision has been made on the future of the licence agreements. The Sub-committee noted Council officers will look into opportunities to identify future links and revegetation opportunities at these locations. Wildlife Spotter The Sub-committee discussed Wildlife Spotter is a citizen science project that allows community representatives to log onto the website and assist scientist with the identification of fauna species captured on remote cameras. The Sub-committee highlighted the involvement of scientists from within Casey and the Western Port region. Fox Control The Sub-committee noted the delivery of the fox control program within the coastal villages and highlighted Council’s obligation to notify land owners of the program in accordance with the various legislative requirements. Urban Fringe Weed Management Initiative The Sub-committee recognised Council officers for the successful delivery of the Urban Fringe Weed Management Initiative over the past four years and noted that Council is working with the Department of Environment, Water, Land and Planning (DEWLP) on a future program.

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City of Casey Bushland Reserve Management The Sub-committee noted the works completed by Council’s Bushland team over the past three months and highlighted recent fuel reduction works at Colley Street Nature Reserve and Morning Mist Nature Reserve. The Sub-committee discussed the role of fire in managing nature reserves and the role of contractors and the CFA in delivering this service. 10. Other Business Heritage in Casey – Ian Chisholm The Committee discussed examples of heritage centres located across the world and highlighted the innovative approach to education and engagement in countries such as the Netherlands and Ireland. On a recent trip overseas Ian noted the Natural Heritage Museum in England appeared to be the most popular and highlighted the opportunity for a similar museum to be located within Casey. Ian raised concerns that a Heritage Centre had not been identified within Casey and the committee discussed the opportunity for the existing Council offices to be retrofitted as a heritage exhibition centre. The Committee agreed on the need for a heritage display centre to be located within the City of Casey and made the following recommendation to Council: ‘That the Conservation Advisory Committee recommend that Council investigate the provision of exhibition space for local, social and natural heritage history within the City of Casey’. Moved – Ian Chisholm Seconded – Ruth Crofts Carried Council officers informed the Committee the development of a Heritage Centre would need to be supported by an adopted Council Policy. The Committee discussed the development of the Heritage Strategy and noted the opportunity for the Committee to provide feedback and inform future heritage actions. Sustainability Victoria – Tony O’Hara The Committee discussed the Victorian Waste Education Strategy and noted the 10 year strategy seeks to provide a coordinated approach to waste and resource recovery education. The Committee noted the project aims to achieve waste smart schools and offices across Victoria. Staff Recognition – Robin Dzedins Robin informed the Committee that Mandy Munro and Brian Davey of the Strategic Planning and Environment Department had received the City of Casey 2016 Most Outstanding Team Award for the delivery of the ‘Plant Your Roots’ Community Tree Planting event held in October 2015. The Committee congratulated Brian and Mandy for the recognition of their hard work and commitment to Casey’s community and the protection of the environment. Blue Green Algae – Brett Munckton The Committee highlighted the presence of Blue Green Algae at the Berwick Springs Wetlands and discussed the impact of lawn fertilisers as a cause of outbreaks. The Committee noted that Blue Green Algae outbreaks are common throughout Victoria in summer and are usually triggered by high nutrient levels, low flows and warmer weather conditions.

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City of Casey The Committee discussed Council’s processes when managing Blue Green Algae outbreaks including notifying the Department of Environment, Land, Water and Planning (DEWLP), regular monitoring to test water quality and installation of warning signage. The Committee discussed the opportunity for Council to provide educational material to residents encouraging a reduction in fertiliser use to improved water way health. The Committee noted DEWLP are currently trialling a new Blue Green Algae reporting portal. Action: Council officers to provide information on the DEWLP Blue Green Algae portal. Take2 Pledge – Simon King Council officers informed the Committee Council had approved Casey signing up to the Victorian Government’s Take2 Pledge. The Committee highlighted the Pledge is in-line with Council’s Greenhouse Gas Emissions Management Plan to reduce corporate Greenhouse Gas Emissions and keep temperature rise under two degrees. Hampton Park - Cr Damien Rosario Cr Rosario informed the Committee the Victorian Education Department agreed to fund the relocation of the Hampton Park Primary School Heritage Building. The Committee noted the building will be located on a Council reserve and modified to meet existing safety requirements. The Committee thanked Council for their involvement in the protection of the heritage building. River Gum Creek Opening – Cr Damien Rosario Cr Rosario informed the Committee about the grand opening of the Hampton Park Playground on 17 September. Cr Rosario highlighted the new park is a great community asset and significantly improves the amenity and recreational opportunities in the area. Action: Council officers to email the Committee with details of the opening celebration Action List Action Council officers to email the Casey Next online Survey to the Committee Action Council officers to provide information on the DEWLP Blue Green Algae portal Action Council officers to email the Committee with details of the opening celebration

Meeting closed 9.08pm.

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Officers’ Reports

4 October 2016 ITEM 6.3 ARTS AND CULTURAL ADVISORY COMMITTEE Colette McMahon-Hoskinson Council Plan Reference: 1.4

Purpose of Report: To provide Council with the minutes of the Arts and Cultural Advisory Committee meeting held on 12 September 2016.

Executive Summary Attached for information are the minutes of the Arts and Cultural Advisory Committee meeting held on 12 September 2016 at the Civic Centre, Narre Warren. This report and the attached minutes are presented in accordance with this committee’s Terms of Reference which state that a report summarising the activities and key achievements of the committee are to be presented to Council.

Background The Arts and Cultural Advisory Committee was established in 2003 and is made up of eight community members, representing a diverse range of arts interests in the City of Casey and Councillor delegate. The main purpose of the committee is to provide Council with informed feedback and advice about local arts and cultural issues and the implementation of arts related policies. The role of the Arts and Cultural Advisory Committee is:

• To provide informed local community input to key Council policies which will affect arts and culture.

• To keep Council informed of the artistic and cultural needs of the community. • To comment on priorities for arts and cultural development within the municipality. • To facilitate communication between community representatives and Council in arts

and cultural related disciplines. • To contribute to the ongoing review of Council’s arts and cultural programs and

services. • To contribute to the development and enhancement of a strong, recognisable public

profile for the arts in Casey. Meetings of the committee are chaired by one of the two delegates to this committee, Cr Wayne Smith BJ JP, with Cr Louise Berkelmans as the alternate delegate. On this occasion, the meeting was chaired by Cr Wayne Smith.

Items of Note • The update on the Bunjil Place development was well received and the committee

wishes to discuss how censorship of artworks or performance can proactively be addressed.

• That Council consider expanding the Open Studios program by exploring the potential for entering into a partnership arrangement with Cardinia Shire Council.


Officers’ Reports


• The successful delivery of the Winter Arts Festival which had a significant increase in activities offered to the Casey community in 2016.

• That Greg Marks has resigned from the Arts and Cultural Advisory Committee due to ill health.

Officer Direct or Indirect Interest No Council officers involved in the preparation of this report have a direct or indirect interest in matters for consideration.

Conclusion The City of Casey Arts and Cultural Advisory Committee continues to play a valuable role in providing Council with informed advice regarding community expectations in relation to local arts and cultural issues and strengthening the relationship between Council and Casey’s community.

Recommendation 1. That the minutes of the Arts and Cultural Advisory Committee (Attachment A) of

12 September 2016 be noted. 2. That Council contact Cardinia Shire Council to explore the potential of jointly

delivering the Open Studios program across both municipalities. 3. That a letter be sent to Greg Marks acknowledging his contribution to the Arts

and Cultural Advisory Committee following his resignation.


Officers’ Reports


ATTACHMENT A

Arts and Cultural Advisory Committee Minutes

Monday 12 September 2016


The Arts and Cultural Advisory Committee is dedicated to guiding and supporting the City of Casey’s strategic plan for the arts. The committee will focus on the key areas of: Great Art, Great Artists, Engaged Audiences, Connected Community and A Vibrant Society and Culture.

ATTACHMENT A

Arts and Cultural Advisory Committee Meeting Minutes

Meeting Room 6

12 September 2016 at 5:30 PM 1. Welcome

“The City of Casey acknowledges that we are on the traditional land of the Bunurong and Wurundjeri people and pays its respects to elders both past and present.”

Present: Cr Wayne Smith BJ JP, Susan Bergman, Chantelle Riordan, Magda Petkoff, Di Lockwood, Sohail Yamin, Bernadette Reynolds, Gino Ciancio, Vicky Goodwin (Arts & Events Team Leader)

Apologies: Patricia Kimtia, Joyce Agee, Gregory Marks, Jennie Toyne, Simon

Doyle (Arts Development Officer) Minutes: Leeanne Horkings (Business Support Officer)

2. Declaration by Councillors and Council Officers of Conflict of Interest or Personal Interest pursuant to Section 79 and 79B of the Local Government Act 1989.

3. Confirmation of the minutes of previous meeting Minutes from the meeting held on 18 July 2016 were accepted. Moved by Gino Ciancio; seconded by Magda Petkoff.

Carried

4. Business arising from the minutes of the previous meeting Honouring Casey’s Art Champions – to be presented during general business. The committee was informed that Council adopted its recommendation that the committee’s Mission Statement be added to their Terms of Reference. This has been amended and uploaded onto Council’s website.

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5. General Business 5.1 Great Art Bunjil Place Update Robin Batt, Manager Bunjil Place (Arts), provided committee members an opportunity to watch the new animated fly through of Bunjil Place. Information was shared in regard to progress Council has made with the development of the programming mechanisms for Bunjil Place and the five event themes that have been selected to run across the precinct during the opening months. Committee members were also informed that the expressions of interest process for the hire of the facility by community organisations will commence at the end of this year. Experience of other regional theatres such as Frankston, is that the split of hire is 70% community and 30% commercial use. The issue of ‘censorship’, in the context of exhibitions or performances was briefly discussed and the committee agreed that this issue should be the focus of a future meeting and would include exploring how other organisation have addressed this, such as the DV8 Dance Company in the England. Committee members were also asked if there was a more positive way to reference the issue other than using the term censorship. Action: That the next committee meeting be structured so that the first hour addresses the standard agenda format and second hour consists of a workshop dedicated to censorship. Action: That committee members give thought to an alternative term for censorship and bring their ideas to the next meeting. 5.2 Great Artists Expanding Open Studios Di Lockwood personally thanked Council for its financial assistance and also the support of Council’s Arts officers who collaborated with the organisers and promoted and the Open Studios weekend. The event was exceptionally well attended by a diverse range of the community. Committee members were keen for the success of this event to continue and expressed a desire for the event to expand. A suggestion was made that Council could open discussions with Cardinia Shire Council to explore entering into a joint event across both municipalities; either in the timeframe of the Winter Arts Festival or at another date, should that suit all stakeholders. Action: That the Arts and Cultural Advisory Committee congratulates Council on the success of the Open Studios event and propose that Council officers explore the possibility of working in partnership with Cardinia Shire Council to jointly deliver an Open Studios event in the future. Moved by Di Lockwood; seconded by Sohail Yamin.

Carried

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5.3 Engaged Audiences Nil to report. 5.4 Connected Community Honouring Casey’s Art Champions Chantelle Riordan updated the committee of the outcomes of the subgroup of committee members that met to discuss creating a memorial to acknowledge the significant contributions individuals and groups have made to the Arts in Casey. Ideas discussed included:

• Focusing on Arts champions throughout history within the municipality. • Acknowledging people who contributed within the municipality. • How can we preserve that history of Art practice in Casey? • Online digital stories, including the big screen, dinners, brass plaques and

memorabilia display cases. • How to obtain information and stories? This included previous Lindsay King

nominees, local bands and choirs, local people who established landmarks within the municipality, ie. the Old Cheese Factory, Historical Societies, Community Halls and the City of Casey archives.

• Establishing a policy that outlines the process for the establishment of a selection panel and criteria for eligible artists.

The subgroup members are continuing to meet to discuss this issue and will present the outcome at the next meeting. Action: That Chantelle Riordan, Joyce Agee and Patricia Kimtia continue to explore how Casey’s Art Champions can be honoured and present their progress to the Arts and Cultural Advisory Committee at the next meeting. 5.5 A Vibrant Society and Culture Winter Arts Festival 2016 The Winter Arts Festival concluded at the end of August, and Council officers provided committee members with a brief overview of the outcomes from the event:

• The Festival featured 75 listed programs with 135 individual sessions, which was a 53% increase on last year.

• It is estimated that over 6,000 people actively participated in Winter Arts across the three month event, and a further 30,000 would have had incidental contact by viewing open exhibitions and performances in public spaces such as the Botanic Gardens at Cranbourne.

• The three day holiday program at the Old Cheese Factory had approximately 600 children participate with more than 300 children publishing their first books. This included children with disabilities who attended as part of their leisure respite program.

• Over 50% of attendees sourced event information be accessing Council’s website or by social media.

• There were economic benefits with sales at the Open Studios.

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• High levels of satisfaction with 93% of attendees feeling inspired from participating, 82% of people meet someone new and there was a high rate of repeat visitors.

The Mayoral Arts Dinner concluded the Festival, and the committee stated how much they enjoyed the event. The addition of commencing the event by viewing the art exhibition in the foyer was well received. Committee members suggested that Council could enhance the networking at the event by having a rotational style dinner event where people can move seating locations throughout the event. Queries were made regarding the composition of the invitation list, as the committee felt that there were areas of the arts community that were missing from the event. Action: That prior to the next Mayoral Arts Dinner, the committee be provided with an opportunity to provide details of art organisations active in the City of Casey, for Council to consider their inclusion at the event. Art Space Selection Panel Expressions of interest for exhibiting in the 2017 Arts Space are now open and Council officers suggested that the committee share this information with interested parties. A workshop is being held Monday 19 September 2016 from 2.00 pm – 5.00 pm for artists to bring their work and have this photographed by a photographer, who will also provide artists hints and tips on how to do this themselves. Bookings are still available. A selection panel needs to be established for the exhibition program. A number of committee members volunteered to be panel members in 2015. Council officers again sought nominations from the committee. The committee requested that the details of the date and time of the panel be circulated and those that wish to be considered will contact the Arts team. Action: Council officers to distribute details of the panel to all committee members for their consideration. Wilson Botanic Park, Berwick Bernadette Reynolds informed the committee that she had been speaking with elderly members of the local community and stated that many would like to see more art activities and art work on display at Wilson Botanic Park, Berwick. Council officers informed the committee that there was a master plan in place for this venue and included exploring the options of increasing artistic opportunities at the site.

6. Urgent items without notice Cr Smith shared that Schools on Stage event is a fantastic opportunity and if you get the chance next year go and see it. Cr Smith said that the Doveton Show is being held on 18 September 2016. It is a massive free community event and there would be a number of live performances by local artists.

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Council officers informed the committee that Greg Marks had notified Council of his decision to resign from the Arts and Cultural Advisory Committee due to ill health. The committee was sad to hear the news and wanted to express their thanks to Greg for his contribution. Action: That a letter of appreciation is sent to Greg Marks on behalf of the Arts and Cultural Advisory Committee for his contribution. Moved by Susan Bergman; seconded by Gino Ciancio.

Carried Meeting concluded at 7.01 pm.

7. Next Meeting Monday 7 November at 5:30 pm.

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Officers’ Reports 4 October 2016

ITEM 6.4 INSTRUMENT OF DELEGATION TO MEMBERS OF COUNCIL STAFF Ros Pruden Council Plan Reference: 5.6

Purpose of Report: To update the delegations from Council to staff

Background

The current instrument of delegation from Council to staff requires updating to reflect changes to positions in the organisation. While many are administrative changes an updated decision from Council is required due to some functional changes at manager and director level.

Discussion

The delegation from Council to staff is enabled under section 98(1) of the Local Government Act. Notable changes at this time:

• Introduction of Title Groups for ease of delegation e.g. PG1-3• Removal of delegations to defunct position titles e.g. Manager Transport, Manager

Building Services, Manager Engineering which have been realigned to newly createdpositions

Officer Direct or Indirect Interest

No Council officers involved in the preparation of this report have a direct or indirect interest in matters for consideration.

Conclusion Delegations enable Council to manage its operations, this update reflects current staffing structure of the organisation. The next comprehensive review of the Instrument of Delegations from Council to Members of Council Staff will be completed in December 2016.

Recommendation

That Council:

1. Resolve, in the exercise of the powers conferred by section 98(1) of the Act andthe other legislation referred to in the Instrument of Delegation to members ofCouncil staff (Attachment A) that:

a) There be delegated to the members of Council staff holding, acting in orperforming the duties of the offices or positions referred to in the attachedInstrument of Delegation to members of Council staff (Attachment A), thepowers, duties and functions set out in that Instrument, subject to theconditions and limitations specified in that Instrument.

b) The Instrument comes into force immediately after the Common Seal ofCouncil is affixed to the instrument.

Cont’d


Officers’ Reports


c) On the coming into force of the instrument, all previous delegations to

members of Council staff (other than the Chief Executive Officer) are revoked.

d) The duties and functions set out in the Instrument must be performed, and

the powers set out in the Instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

e) The Instrument be sealed.


Officers’ Reports


ATTACHMENT A

Instrument of Delegation – Council to Members of Council Staff


City of Casey Instrument of Delegation to Members of Council Staff

S6. Instrument of Delegation - Members of Staff

In exercise of the power conferred by section 98(1) of the Local Government Act 1989 and the other legislation referred to in the attached Schedule, the Casey City Council (Council):

1. delegates each duty and/or function and/or power described in column 1 of the Schedule (and summarised in column 2 of the Schedule) to the member of Council staff holding, acting in or performing the duties of the office or position described opposite each such duty and/or function and/or power in column 3 of the Schedule;

2. record that a reference in the Schedule are as follows: Titles

• DCL: Director Community Life • DCPI: Director City Presentation & Infrastructure • EHO: Environmental Health Officer • EPO: Executive Planning Officer • LLO: Local Laws Officer • MCDC: Manager City Design and Construction • MCP: Manager City Planning • MCPres: Manager City Presentation • MCS: Manager Community Safety • MFPO: Municipal Fire Prevention Officer • MGC: Manager General Counsel • MPC: Manager People and Culture • MPP: Manager Property and Procurement • MSAP: Manager Service and Asset Planning • MSPBS: Manager Statutory Planning & Building Services • PA: Planning Assistant • PCO: Planning Compliance Officer • PSC: Planning Services Coordinator • SDE: Senior Drainage Engineer • SE: Subdivisions Engineer • SLLO: Senior Local Laws Officer • SLP: Senior Landscape Planner • SP: Statutory Planner • SPCO: Senior Planning Compliance Officer • SPP: Strategic Project Planner • SSE: Senior Subdivision Engineer • SSP: Senior Statutory Planner • TLEH: Team Leader Environmental Health • TLLL: Team Leader Local Laws • TLPC: Team Leader Planning Compliance • TLPH: Team Leader Public Health • TLPSI: Team Leader Planning Scheme Implementation • TLS: Team Leader Subdivisions • TLTP: Team Leader Traffic Planning

Title Groups

• Council Executive Team: Planning Group 1 - CEO, DCPI, MSPBS, MCP • Council Executive Team: Planning Group 2 - CSP, EPO, MSPBS, MCP, TLPC, TLPSI, TLS, TLSP, PP • Council Executive Team: Planning Group 3 - SSP, SP, PA, PSC, SPP 3. declares that: 3.1 this Instrument of Delegation is authorised by resolution of Council passed on [#date#] 3.2 the delegation: 3.2.1 comes into force immediately the common seal of Council is affixed to this Instrument of Delegation; 3.2.2 remains in force until varied or revoked; 3.2.3 is subject to any conditions and limitations set out in sub-paragraph 3.3, and the Schedule; and 3.2.4 must be exercised in accordance with any guidelines or policies which Council from time to time adopts; and

3.3 the delegate must not determine the issue, take the action or do the act or thing: 3.3.1 if the issue, action, act or thing is an issue, action or thing which Council has previously designated as an issue, action, act or thing which must be the subject of a Resolution of Council; or 3.3.2 if the determining of the issue, taking of the action or doing of the act or thing would or would be likely to involve a decision which is inconsistent with a

(a) policy; or (b) strategy

adopted by Council; or

3.3.3 if the determining of the issue, the taking of the action or the doing of the act or thing cannot be the subject of a lawful delegation, whether on account of section 98(1)(a)-(f) (inclusive) of the Act or otherwise; or 3.3.4 the determining of the issue, the taking of the action or the doing of the act or thing is already the subject of an exclusive delegation to another member of Council staff. THE COMMON SEAL OF CASEY CITY COUNCIL was hereto affixed in the presence of

CHIEF EXECUTIVE OFFICER DATE

Delegation Sources

• Domestic Animals Act 1994 • Environment Protection Act 1970 • Food Act 1984 • Heritage Act 1995 • Planning and Environment (Fees) Interim Regulations 2015 • Planning and Environment Act 1987 • Planning and Environment Regulations 2015 • Rail Safety (Local Operations) Act 2006 • Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010 • Residential Tenancies Act 1997 • Road Management (General) Regulations 2005 • Road Management (General) Regulations 2016 • Road Management (Works and Infrastructure) Regulations 2015 • Road Management Act 2004


Domestic Animals Act 1994

# Item Delegated Conditions and Limitations

Delegate Date

46854 power to declare a dog to be a menacing dog Council may delegate this power to an authorised officer

MCS, TLLL, SLLO, LLO

Environment Protection Act 1970


Delegate Date

46855 power to require further information

MCP, EHIO, SEHO, TLEH, TLPH, MEH, MCS

46856 duty to advise applicant that application is not to be dealt with


46857 duty to approve plans, issue permit or refuse permit

refusal must be ratified by council or it is of no effect


46858 power to refuse to issue septic tank permit

refusal must be ratified by council or it is of



no effect

46859 duty to refuse to issue a permit in circumstances in (a)-(c) refusal must be ratified by council or it is of no effect


Food Act 1984


Delegate Date

46860 power to direct by written order that the food premises be put into a clean and sanitary condition

If section 19(1) applies

MCS, TLPH, EHO, TLEH

46861 power to direct by written order that specified steps be taken to ensure that food prepared, sold or handled is safe and suitable



46862 power to direct that an order made under section 19(3)(a) or (b), (i) be affixed to a conspicuous part of the premises, and (ii) inform the public by notice in a published newspaper or otherwise



46863 duty to revoke any order under section 19 if satisfied that an order has been complied with



46864 duty to give written notice of revocation under section 19(6)(a) if satisfied that an order has been complied with



Food Act 1984

46865 power to direct, by written order, that a person must take any of the actions described in (a)-(c).

where council is the registration authority


46866 power to direct, in an order made under s.19AA(2) or a subsequent written order, that a person must ensure that any food or class of food is not removed from the premises

Note: the power to direct the matters under s.19AA(4)(a) and (b) not capable of delegation and so such directions must be made by a Council resolution


46867 duty to revoke order issued under s.19AA and give written notice of revocation, if satisfied that that order has been complied with



46868 power to request copy of records



46869 power to request a copy of the food safety program where council is the registration authority


46870 power to request proprietor to provide written details of the name, qualification or experience of the current food safety supervisor



Food Act 1984

46871 power to conduct a food safety audit and take actions where deficiencies are identified



46872 power to request food safety audit reports



46873 power to waive and vary the costs of a food safety audit if there are special circumstances

MCS

46874 power to charge fees for conducting a food safety assessment or inspection

except for an assessment required by a declaration under section 19C or an inspection under sections 38B(1)(c) or 39.

As adopted by Council

MCS, TLPH, TLEH

46875 power to direct a proprietor of a food premises to comply with any requirement under Part IIIB


MCS, TLPH, TLEH

46876 power to direct a proprietor of a food premises to have staff at the premises undertake training or instruction


MCS, TLPH, TLEH

Food Act 1984

46877 power to direct a proprietor of a food premises to have details of any staff training incorporated into the minimum records required to be kept or food safety program of the premises


MCS, TLPH, TLEH

46878 power to register, renew or transfer registration where council is the registration authority refusal to grant/renew/transfer registration must be ratified by Council or the CEO (see section 58A(2)) 

MCS, TLPH, TLEH

46879 power to (a) request further information; or (b) advise the proprietor that the premises must be registered if the premises are not exempt


MCS, TLPH, TLEH

46880 power to fix a fee for the receipt of a notification under section 38AA in accordance with a declaration under subsection (1)



MCS

46881 power to request a copy of a completed food safety program template



46882 duty to assess the application and determine which class of food premises under section 19C the food premises belongs



Food Act 1984

46883 duty to ensure proprietor has complied with requirements of section 38A



46884 duty to be satisfied of the matters in section 38B(2)(a)-(b)



46885 duty to ensure compliance with the applicable provisions of section 38C and inspect the premises if required by section 39



46886 duty to be satisfied of the matters in section 38D(2)(a)-(d)



46887 power to request copies of any audit reports



46888 power to register the food premises on a conditional basis

where council is the registration authority; not exceeding the prescribed time limit defined under subsection (5).


Food Act 1984

46889 duty to register the food premises when conditions are satisfied where council is the registration authority


46890 power to require proprietor to comply with requirements of this Act



46891 power to register, renew or transfer food premises despite minor defects

where council is the registration authority only if satisfied of matters in subsections (2)(a)-(c)


46892 power to incorporate the certificate of registration in one document with any certificate of registration under Part 6 of the Public Health and Wellbeing Act 2008

MCS

46893 power to grant or renew the registration of food premises for a period of less than 1 year



46894 power to suspend or revoke the registration of food premises


MCS

46895 duty to be satisfied that registration requirements under Division 3 have been met prior to registering, transferring or renewing registration of a component of a food business



Food Act 1984

46896 power to register the components of the food business that meet requirements in Division 3 and power to refuse to register the components that do not meet the requirements



46897 power to institute proceedings against another person where the offence was due to an act or default by that other person and where the first person charged could successfully defend a prosecution, without proceedings first being instituted against the person first charged

where council is the registration authority 

MCS, TLPH, MGC

Heritage Act 1995


Delegate Date

46898 power to sub-delegate Executive Director's functions must obtain Executive Director's written consent first.

MSPBS, MCP

Planning and Environment Act 1987


Delegate Date

46899 power to prepare an amendment to the Victoria Planning Provisions

if authorised by the Minister

PG1


46900 function of receiving prescribed documents and a copy of the Victoria Planning Provisions from the Minister

SPP PG1, PG2

46901 duty to make amendment to Victoria Planning Provisions available

SPP PG1, PG2

46902 duty to keep Victoria Planning Provisions and other documents available

SPP PG1, PG2

46903 power to prepare amendment to the planning scheme where the Minister has given consent under s.8A

PG1, PG2

46904 power to apply to Minister to prepare an amendment to the planning scheme

PG1

46905 function of receiving notice of the Minister's decision

SPP PG1, PG2

46906 power to prepare the amendment specified in the application without the Minister's authorisation if no response received after 10 business days

PG1

46907 power to apply to the Minister for authorisation to prepare an amendment to the planning scheme of an adjoining municipal district

PG1

46908 power to carry out studies and do things to ensure proper use of land and consult with other persons to ensure co-ordination of planning scheme with these persons

PG1, PG2

46909 duty to prepare a municipal strategic statement (including power to prepare a municipal strategic statement under section 19 of the Planning and Environment (Planning Schemes) Act 1996)

SPP PG1, PG2

46910 duty to review planning scheme

SPP PG1, PG2


46911 duty to review planning scheme at direction of Minister

SPP PG1, PG2

46912 duty to report findings of review of planning scheme to Minister without delay

SPP PG1, PG2

46913 duties of a Responsible Authority as set out in subsections (a) to (d)

PG1, PG2, PG3

46914 duty of giving copy amendment to the planning scheme

SPP PG1, PG2

46915 duty of giving copy s.173 agreement

SPP PG1, PG2

46916 duty of giving copy amendment, explanatory report and relevant documents to the Minister within 10 business days

SPP PG1, PG2

46917 duty to make amendment etc. available

SPP PG1, PG2

46918 power to give notice, to decide not to give notice, to publish notice of amendment to a planning scheme and to exercise any other power under section 19 to a planning scheme

SPP PG1, PG2

46919 function of receiving notice of preparation of an amendment to a planning scheme

where Council is not the planning authority and the amendment affects land within Council's municipal district; or where the amendment will amend the planning scheme to designate Council as an

SPP PG1, PG2


acquiring authority.

46920 power to apply to Minister for exemption from the requirements of section 19

PG1

46921 duty to make submissions available

SPP PG1, PG2

46922 duty to publish notice in accordance with section

SPP PG1, PG2

46923 duty to consider all submissions

SPP PG1, PG2

46924 duty to refer submissions which request a change to the amendment to a panel

SPP PG1, PG2

46925 power to refer to a panel submissions which do not require a change to the amendment

SPP PG1, PG2

46926 function to represent council and present a submission at a panel hearing (including a hearing referred to in section 96D)

SPP PG1, PG2

46927 power to make report available for inspection

SPP PG1, PG2

46928 duty to keep report of panel available for inspection

SPP PG1, PG2

46929 power to apply for exemption if panel's report not received

SPP PG1, PG2

46930 duty to notify the Minister if abandoning an amendment Note: the power to SPP PG1, PG2


make a decision to abandon an amendment cannot be delegated

46931 duty to say if amendment has lapsed

SPP PG1, PG2

46932 duty to provide information in writing upon request

SPP PG1, PG2

46933 duty to give more notice if required

SPP PG1, PG2

46934 duty to give more notice of changes to an amendment

SPP PG1, PG2

46935 duty to give notice of approval of amendment

SPP PG1, PG2

46936 duty to give notice of revocation of an amendment

SPP PG1, PG2

46937 function of being a party to a proceeding commenced under section 39 and duty to comply with determination by VCAT

SPP PG1, PG2

46938 function of lodging copy of approved amendment

SPP PG1, PG2

46939 duty to make approved amendment available

SPP PG1, PG2

46940 duty to make copy of planning scheme available

SPP PG1, PG2


46941 power to request the Growth Areas Authority to provide advice on any matter relating to land in Victoria or an objective of planning in Victoria

SPP PG1, PG2

72666 duty to comply with directions issued by the Minister PG1, PG2

72667 duty to include a condition in a permit relating to matters set out in s.46GG(c) and (d) PG1, PG2

72668 power to require the payment of an amount of infrastructure levy to be secured to Council's satisfaction where council is a collecting agency 

PG1, PG2

72669 power to accept the provision of land, works, services or facilities in part or full satisfaction of the amount of infrastructure levy payable

where council is a collecting agency 

PG1

72670 duty to obtain the agreement of the relevant development agency or agencies specified in the approved infrastructure contributions plan before accepting the provision of land, works, services or facilities by the applicant


PG1, PG2

72671 duty to keep proper accounts of any amount of infrastructure levy paid to it as a collecting agency or a development agency under part 2 of the Planning and Environment Act 1987

must be done in accordance with Local Government Act 1989. 

PG1, PG2

72672 duty to forward to a development agency any part of an infrastructure levy paid to council which is imposed for plan preparation costs incurred by development agency or for carrying out of works, services or facilities on behalf of the development agency

PG1, PG2


72673 duty to apply levy amount only in accordance with s.46GI(3) (a) and (b) PG1, PG2

72674 power to refund any amount of infrastructure levy paid to it as a development agency under Part 2 of the Planning and Environment Act 1987 if satisfied that the development is not to proceed

PG1

72675 duty to take action described in s.46GI(5)(c) – (e) where s.46GI(5)(a) and (b) applies. PG1, PG2

72676 power to recover any amount of infrastructure levy as a debt due to Council where council is a collecting agency 

PG1

72677 duty to prepare report and give a report to the Minister where council is a collecting agency or development agency 

PG1, PG2

46942 duty to include condition in permit regarding payment of development infrastructure levy

PG1, PG2

46943 function of determining time and manner for receipt of development contributions levy PG1, PG2

46944 power to enter into an agreement with the applicant regarding payment of development infrastructure levy

PG1

46945 power to ensure that community infrastructure levy is paid, or agreement is in place, prior to issuing building permit

PG1, PG2

46946 power to enter into agreement with the applicant regarding payment of community infrastructure levy

PG1

46947 power to require payment of amount of levy under section 46N or section 46O to be satisfactorily secured

PG1, PG2


46948 power to accept provision of land, works, services or facilities in part or full payment of levy payable

PG1

46949 duty to keep proper accounts of levies paid

PG1, PG2

46950 duty to forward to development agency part of levy imposed for carrying out works, services, or facilities on behalf of development agency or plan preparation costs incurred by a development agency or plan preparation costs incurred by a development agency

PG1, PG2

46951 duty to apply levy only for a purpose relating to the provision of plan preparation costs or the works, services and facilities in respect of which the levy was paid etc

PG1, PG2

46952 power to refund any amount of levy paid if it is satisfied the development is not to proceed

only applies when levy is paid to Council as a 'development agency'

PG1

46953 duty to pay amount to current owners of land in the area if an amount of levy has been paid to a municipal council as a development agency for plan preparation costs incurred by the council or for the provision by the council of works, services or facilities in an area under s.46Q(4)(a)

must be done within six months of the end of the period required by the development contributions plan and with the consent of, and in the manner approved by, the Minister 

PG1, PG2

46954 duty to submit to the Minister an amendment to the approved development contributions plan must be done in accordance with

PG1, PG2


Part 3

46955 duty to expend that amount on other works etc.

with the consent of, and in the manner approved by, the Minister

PG1, PG2

46956 power to recover any amount of levy payable under Part 3B

PG1


PG1, PG2

46957 duty to make a copy of the approved strategy plan (being the Melbourne Airport Environs Strategy Plan) and any documents lodged with it available

PG1, PG2

46958 duty to carry out works in conformity with the approved strategy plan

PG1, PG2

46959 power to decide that an application for a planning permit does not comply with that Act

SSP PG1, PG2

46960 duty to keep a register of all applications for permits and determinations relating to permits

PG2, PG3

46961 duty to make register available for inspection

PG2, PG3

46962 duty to amend application

PG2, PG3


46963 power to refuse to amend application

PG2, PG3

46964 duty to make note of amendment to application in register

PG2, PG3

46965 power to make amendment to application

PG2, PG3

46966 power to require applicant to notify owner and make a declaration that notice has been given PG2, PG3

46967 duty to note amendment to application in register

PG2, PG3

46968 duty to make copy of application available for inspection

PG2, PG3

46969 duty to give notice of the application to owners/occupiers of adjoining allotments unless satisfied that the grant of permit would not cause material detriment to any person

SSP PG2

46970 duty to give notice of the application to other municipal councils where appropriate

SSP PG2

46971 duty to give notice of the application to all persons required by the planning scheme

SSP PG2

46972 duty to give notice of the application to owners and occupiers of land benefited by a registered restrictive covenant if may result in breach of covenant

SSP PG2

46973 duty to give notice of the application to owners and occupiers of land benefited by a registered restrictive covenant if application is to remove or vary the covenant

SSP PG2

46974 duty to give notice of the application to other persons who may be detrimentally effected SSP PG2


46975 duty to give notice of an application to remove or vary a registered restrictive covenant

SSP PG2

46976 power to give any further notice of an application where appropriate

SSP PG2

46977 power to require the applicant to give notice under section 52(1) to persons specified by it SSP PG2

46978 power to require the applicant to give the notice under section 52(1AA)

SSP PG2

46979 power to require the applicant to provide more information

SSP PG2

46980 duty to give notice in writing of information required under section 54(1)

SSP PG2

46981 duty to specify the lapse date for an application

SSP PG2

46982 power to decide to extend time or refuse to extend time to give required information

PG2, PG3

46983 duty to give written notice of decision to extend or refuse to extend time und section 54A(3)

PG2, PG3

46984 duty to give copy application, together with the prescribed information, to every referral authority specified in the planning scheme

PG2, PG3

46985 power to reject objections considered made primarily for commercial advantage for the objector

SSP PG1, PG2

46986 function of receiving name and address of persons to whom notice of decision is to go PG2, PG3


46987 duty to make available for inspection copy of all objections

PG2, PG3

46988 duty to amend application in accordance with applicant's request, subject to section 57A(5)

PG2, PG3

46989 power to refuse to amend application SSP PG1, PG2

46990 duty to note amendments to application in register

PG2, PG3

46991 duty to determine whether and to whom notice should be given

PG2, PG3

46992 duty to consider certain matters in determining whether notice should be given

PG2, PG3

46993 duty to give copy of amended application to referral authority

PG2, PG3

46994 duty to consider every application for a permit

PG2, PG3

46995 power to request advice from the Planning Application Committee

PG1, PG2

46996 duty to consider certain matters

PG2, PG3

46997 power to consider certain matters before deciding on application

PG2, PG3

72679 duty to consider number of objectors in considering whether use or development may have significant social effect PG2, PG3


46998 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

the permit must not be inconsistent with a cultural heritage management plan under the Aboriginal Heritage Act 2006

Item 1 The power to approve an application for a planning permit for which public notice has been given under Section 52 of the Planning & Environment Act 1987 when more than five (5) objections have been received and the objections have not been withdrawn. Item 2 The power to refuse an application other than: • For a decision to refuse an application for a use and/or development which is prohibited

PG1, PG2


or for which a permit is not required or contrary to an approved Development Plan or contrary to a provision of a Section 173 Agreement or contrary to a restriction on a Plan of Subdivision or remove a Restrictive Covenant and a beneficiary to that Covenant objects to the applications. • For a decision to refuse an application for multi dwellings, advertising signage or vegetation removal on the basis that they are contrary to the provision of the Casey Planning Scheme. • For a decision to refuse an application for a retrospective


approval of an unlawful use or development for which Council has given notice of a contravention or commenced enforcement proceedings. Item 3 The power(s) under Items 1 to 2 do not apply to planning applications ‘called in’ by a Councillor in writing to the Manager of Statutory Planning and Subdivisions, Director Planning and Development Services or Chief Executive Officer prior to the application being determined under delegation.

46999 duty to decide to refuse to grant a permit if a relevant determining referral authority objects to grant of permit

SSP PG1, PG2

47000 power to decide to refuse to grant a permit if a relevant recommending referral authority objects to the grant of permit

SSP PG1, PG2


47001 duty not to decide to grant a permit to use coastal Crown land without Minister’s consent PG1, PG2

47002 duty to refuse to grant the permit without the Minister's consent

SSP PG1, PG2

47003 duty to refuse to grant the permit if grant would authorise a breach of a registered restrictive covenant

SSP PG1, PG2

47004 duty to include certain conditions in deciding to grant a permit

PG1, PG2

47005 power to include other conditions

PG1, PG2

47006 duty to ensure conditions are consistent with paragraphs (a),(b) and (c)

PG1, PG2

47007 power to include a permit condition to implement an approved development contributions plan

PG1, PG2

47008 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

PG1, PG2

47009 power to include a permit condition that specified works be provided or paid for by the applicant

PG1, PG2

47010 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

PG1, PG2

47011 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)

PG1, PG2

47012 duty to issue the permit where made a decision in favour of the application (if no one has objected)

PG1, PG2


47013 duty to give notice of decision to grant a permit to applicant and objectors

this provision applies also to a decision to grant an amendment to a permit - see section 75

PG2, PG3

47014 duty not to issue a permit until after the specified period


PG1, PG2, PG3

47015 duty to give each objector a copy of an exempt decision


PG2, PG3

47016 duty not to issue permit until the end of a period when an application for review may be lodged with VCAT or until VCAT has determined the application, if a relevant recommending referral authority has objected to the grant of a permit

this provision applies also to a decision to grant an amendment to a permit - see section 75A

PG2, PG3

47017 duty to give notice of refusal to grant permit to applicant and person who objected under section 57

PG2, PG3


47018 duty to give notice under section 64 or section 65 and copy permit to relevant determining referral authorities

PG2, PG3

47019 duty to give a recommending referral authority notice of its decision to grant a permit

if the recommending referral authority objected to the grant of the permit or the responsible authority decided not to include a condition on the permit recommended by the recommending referral authority

PG2, PG3

47020 duty to give a recommending referral authority notice of its decision to refuse a permit

if the recommending referral authority objected to the grant of the permit or the recommending referral authority recommended that a permit condition be included on the permit

PG2, PG3

47021 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

if the recommending referral authority did not object to

PG2, PG3


the grant of the permit or the recommending referral authority did not recommend a condition be included on the permit

47022 function of receiving application for extension of time of permit

PG2, PG3

47023 function of receiving application for extension of time to complete development

PG2, PG3

47024 power to extend time

PG2, PG3

47025 duty to make copy permit available for inspection

PG2, PG3

47026 power to correct certain mistakes

PG2, PG3

47027 duty to note corrections in register

PG2, PG3

47028 power to decide to grant amendment subject to conditions

PG2, PG3

47029 duty to issue amended permit to applicant if no objectors

PG2, PG3

47030 duty to give applicant and objectors notice of decision to refuse to grant amendment to permit PG2, PG3


47031 duty to give relevant determining referral authorities copy of amended permit and copy of notice

PG2, PG3

47032 duty to give a recommending referral authority notice of its decision to grant an amendment to a permit

if the recommending referral authority objected to the amendment of the permit or the responsible authority decided not to include a condition on the amended permit recommended by the recommending referral authority

PG2, PG3


if the recommending referral authority objected to the amendment of the permit or the recommending referral authority recommended that a permit condition be included on the amended permit

PG2, PG3

47034 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

if the recommending referral authority did not object to

PG2, PG3


the amendment of the permit or the recommending referral authority did not recommend a condition be included on the amended permit

47035 duty to comply with direction of Minister to issue amended permit

PG2, PG3

47036 function of being respondent to an appeal

PG2, PG3

47037 duty to give or publish notice of application for review

PG2, PG3

47038 power to decide on an application at any time after an appeal is lodged against failure to grant a permit

PG2, PG3

47039 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

PG2, PG3

47040 duty to tell principal registrar if decide to grant a permit after an application is made for review of its failure to grant a permit

PG2, PG3

47041 duty to issue permit on receipt of advice within 3 working days

PG2, PG3

47042 duty to issue a permit at order of Tribunal within 3 working days

PG2, PG3


47043 power to apply to VCAT for the cancellation or amendment of a permit

TLPC PG1

47044 function of being heard at hearing of request for cancellation or amendment of a permit

PG1, PG2

47045 duty to comply with the directions of VCAT

PG1, PG2

47046 duty to issue amended permit to owner if Tribunal so directs

PG1, PG2

47047 duty to give notice of cancellation/amendment of permit by VCAT to persons entitled to be heard under section 90

PG1, PG2

47048 duty to give notice of VCAT order to stop development

PG1, PG2

47049 function of referring certain applications to the Minister

PG1, PG2, PG3

47050 duty to comply with an order or direction

PG2, PG3

47051 duty to obtain a permit from the Minister to use and develop its land PG1, PG2

47052 function of giving consent to other persons to apply to the Minister for a permit to use and develop Council land

PG1, PG2

47053 power to agree to consider an application for permit concurrently with preparation of proposed amendment

PG1, PG2

47054 power to give notice, to decide not to give notice, to publish notice and to exercise any other power under section 96C

PG1, PG2

47055 duty to consider the panel's report under section 96E PG1, PG2


47056 power to determine to recommend that a permit be granted or to refuse to recommend that a permit be granted and power to notify applicant of the determination (including power to give notice under section 23 of the Planning and Environment (Planning Schemes) Act 1996)

PG1, PG2

47057 power to give notice in compliance with Minister's direction

PG1, PG2

47058 power to issue permit as directed by the Minister

PG1, PG2

47059 duty to comply with direction of the Minister to give notice of refusal

PG1, PG2

47340 duty to keep levy certificates given to it under ss. 47 or 96A for no less than 5 years from receipt of the certificate PG1, PG2

47060 power to request Minister to decide the application PG1

47061 duty to comply with directions of Minister to supply any document or assistance relating to application PG1, PG2

47062 function of receiving from Minister copy of notice of refusal to grant permit or copy of any permit granted by the Minister PG1, PG2

47063 duty to make a copy of permits issued under section 97F available for inspection PG1, PG2

47064 duty to include Ministerial decisions in a register kept under section 49 PG1, PG2

47065 duty to provide information or assistance to the Planning Application Committee PG1, PG2

47066 duty to contribute to the costs of the Planning Application Committee or subcommittee PG1, PG2

47067 duty to consider application and issue or refuse to issue certificate of compliance PG1, PG2

47068 duty to comply with directions of VCAT following an application for review of a failure or refusal to issue a certificate PG1, PG2


47069 function of being heard by VCAT at hearing of request for amendment or cancellation of certificate PG1, PG2

47070 duty to comply with directions of VCAT PG1, PG2

47071 duty to keep register of all applications for certificate of compliance and related decisions PG2, PG3

47072 function of receiving claim for compensation in certain circumstances PG1, PG2

47073 duty to inform any person of the name of the person from whom compensation can be claimed PG1, PG2

47074 function of receiving claim for expenses in conjunction with claim PG1, PG2

47075 power to reject a claim for compensation in certain circumstances PG1, PG2

47076 function of receiving claim for compensation PG1, PG2

47077 power to agree to extend time for making claim PG1, PG2

47078 power to apply to the VCAT for an enforcement order TLPC PG1

47079 function of making a submission to the VCAT where objections are received PCO, SPCO PG1, PG2

47080 power to apply for an interim enforcement order where section 114 application has been made TLPC PG1

47081 power to carry out work required by enforcement order and recover costs PG1, PG2

47082 power to sell buildings, materials, etc salvaged in carrying out work under section 123(1) except Crown Land

PG1

47083 function of recovering penalties PCO, SPCO PG1, PG2

47084 power to allow person served with an infringement notice further time PCO, SPCO PG1, PG2


47085 power to refer a matter to the VCAT for determination PG1, PG2

47086 power to apply to VCAT for the determination of a matter relating to the interpretation of a s.173 agreement PG1, PG2

47087 duty to pay fees and allowances (including a payment to the Crown under subsection (2A)), and payment or reimbursement for reasonable costs and expenses incurred by the panel in carrying out its functions unless the Minister directs otherwise under subsection (2B)power to ask for contribution under subsection (3) and power to abandon amendment or part of it under subsection (4)

where council is the relevant planning authority

PG1, PG2

47088 power to carry out studies and commission reports PG1, PG2

47089 power to grant and reserve easements PG1, PG2

47090 power to enter into agreement covering matters set out in section 174 PG1

47091 power to decide whether something is to the satisfaction of Council, where an agreement made under section 173 of the Planning and Environment Act 1987 requires something to be to the satisfaction of Council or Responsible Authority

PG1, PG2, PG3

47092 power to give consent on behalf of Council, where an agreement made under section 173 of the Planning and Environment Act 1987 requires that something may not be done without the consent of Council or Responsible Authority

PG1, PG2, PG3

47093 power to end a section 173 agreement with the agreement of all those bound by any covenant in the agreement or otherwise in accordance with Division 2 of Part 9

PG1

47094 power to amend a s.173 agreement with the agreement of all those bound by any covenant in the agreement or otherwise in accordance with Division 2 of Part 9

PG1

47095 function of receiving application to amend or end an agreement PG1, PG2, PG3

47096 function of notifying the owner as to whether it agrees in principle to the proposal under s.178A(1)

PG1

47097 function of notifying the applicant and the owner as to whether it agrees in principle to the proposal

PG1, PG2

47098 power to propose to amend or end an agreement

PG1


47099 duty to consider certain matters when considering proposal to amend an agreement

PG1

47100 duty to consider certain matters when considering proposal to end an agreement

PG1

47101 duty to give notice of the proposal to all parties to the agreement and other persons who may be detrimentally affected by decision to amend or end

PG1, PG2

47102 function of determining how to give notice under s.178C(2)

PG1, PG2

47103 duty not to make decision until after 14 days after notice has been given

PG1, PG2

47104 power to amend or end the agreement in accordance with the proposal

If no objections are made under s.178D Must consider matters in s.178B

PG1

47105 power to amend or end the agreement in a manner that is not substantively different from the proposal


PG1

47106 power to refuse to amend or end the agreement

If no objections are made under s.178D Must consider matters in s.178B 

PG1



After considering objections, submissions and matters in s.178B

PG1



PG1

47109 power to amend or end the agreement in a manner that is substantively different from the proposal


PG1



PG1

47111 duty to give notice of its decision under s.178E(3)(a) or (b)

PG1, PG2

47112 duty to give notice of its decision under s.178E(2)(c) or (3)(d)

PG1, PG2

47113 duty not to proceed to amend or end an agreement under s.178E until at least 21 days after notice has been given or until an application for review to the Tribunal has been determined or withdrawn

PG1


47114 duty to sign amended agreement and give copy to each other party to the agreement PG1

47115 power to require a person who applies to amend or end an agreement to pay the costs of giving notices and preparing the amended agreement

PG1, PG2

47116 duty to notify, in writing, each party to the agreement of the ending of the agreement relating to Crown land

PG1, PG2, PG3

47117 duty to make available for inspection copy agreement

PG1, PG2, PG3

47118 duty to apply to the Registrar of Titles to record the agreement and to deliver a memorial to Registrar-General

PG1, PG2, PG3

47119 power to apply to the Registrar of Titles to record the agreement

PG1, PG2

47120 duty to apply to the Registrar of Titles, without delay, to record the agreement

PG1, PG2, PG3

47121 power to enforce an agreement

PG1, PG2

47122 duty to tell Registrar of Titles of ending/amendment of agreement

PG1, PG2, PG3

47123 power to decide to amend or end an agreement at any time after an application for review of the failure of Council to make a decision

PG1

47124 duty not to amend or end the agreement or give notice of the decision after an application is made to VCAT for review of a failure to amend or end an agreement

PG1, PG2, PG3

47125 duty to inform the principal registrar if the responsible authority decides to amend or end an agreement after an application is made for the review of its failure to end or amend the agreement

PG1, PG2, PG3


47126 function of receiving advice from the principal registrar that the agreement may be amended or ended in accordance with Council's decision

PG1, PG2, PG3

47127 duty to comply with a direction of the Tribunal

PG1, PG2, PG3

47128 duty to give notice as directed by the Tribunal

PG1, PG2, PG3

47129 function to receive application for planning certificate

PG1, PG2, PG3

47130 duty to give planning certificate to applicant

PG1, PG2, PG3

47131 function of receiving application for declaration of underlying zoning

PG1, PG2, PG3

47132 duty to make declaration

PG1, PG2

47133 power to decide, in relation to any planning scheme or permit, that a specified thing has or has not been done to the satisfaction of Council

SE, SSE, SDE, TLTP, SLP PG1, PG2, PG3

47134 power, in relation to any planning scheme or permit, to consent or refuse to consent to any matter which requires the consent or approval of Council


47135 power to approve any plan or any amendment to a plan or other document in accordance with a provision of a planning scheme or condition in a permit


47136 power to give written authorisation in accordance with a provision of a planning scheme

SE, SSE, SDE, TLTP, SLP PG1,


PG2, PG3

47137 function of providing the Growth Areas Authority with information relating to any land within municipal district

PG1, PG2, PG3

47138 duty to provide the Growth Areas Authority with information requested under subsection (1) as soon as possible PG1, PG2, PG3

Rail Safety (Local Operations) Act 2006


Delegate Date

47139 duty to comply with a direction of the Safety Director under this section

where council is a utility under section 3

MSPBS, MCP, MCDC, MCPres

47140 duty to comply with a direction of the Safety Director to give effect to arrangements under this section

duty of council as a road authority under the Road Management Act 2004

MSPBSMCP, MCDC, MCPres

47141 duty to comply with a direction of the Safety Director to alter, demolish or take away works carried out contrary to a direction under section 33(1)



47142 function of entering into safety interface agreements with rail infrastructure manager

where council is the relevant road authority



47143 function of working in conjunction with rail infrastructure manager in determining whether risks to safety need to be managed



47144 function of receiving written notice of opinion



47145 function of entering into safety interface agreement with infrastructure manager



47146 duty to identify and assess risks to safety



47147 duty to determine measures to manage any risks identified and assessed having regard to items set out in section 34E(2)(a)-(c)



47148 duty to seek to enter into a safety interface agreement with rail infrastructure manager



47149 duty to identify and assess risks to safety, if written notice has been received under section 34D(2)(a)




47150 duty to determine measures to manage any risks identified and assessed, if written notice has been received under section 34D(2)(a)






47152 power to identify and assess risks to safety as required under sections 34B, 34C, 34D, 34E or 34F in accordance with subsections (a)-(c)



47153 function of entering into safety interface agreements



47154 function of receiving notice from Safety Director



47155 duty to comply with a direction of the Safety Director given under section 34J(5)



47156 duty to maintain a register of items set out in subsections (a)-(b) where council is the relevant road authority


Residential Tenancies Act 1997


Delegate Date

47157 function of receiving notice regarding an unregistered rooming house


47158 duty to enter required information in Rooming House Register for each rooming house in municipal district


47159 power to enter certain information in the Rooming House Register


47160 power to amend or revoke an entry in the Rooming House Register if necessary to maintain the accuracy of the entry


47161 power to give tenant a notice to vacate rented premises if subsection (1) applies

where council is the landlord

MPP

47162 power to give tenant a notice to vacate rented premises


MPP

47163 power to publish its criteria for eligibility for the provision of housing by council

MPP

47164 power to issue notice to caravan park regarding emergency management plan if determined that the plan does not comply with the requirements

MCS, TLPH, EHO, MSPBS, MPP, MCP, TLEH, MCDC

47165 power to give a compliance notice to a person



47166 power to authorise an officer to exercise powers in section 526 (either generally or in a particular case)

MCS, MGC, DCL, MSPBS, MPP, MCP, MCDC

47167 duty to issue identity card to authorised officers MPC

47168 duty to keep record of entry by authorised officer under section 526

MCS, TLPH, MSPBS, MCP, TLEH, MCDC

47169 function of receiving report of inspection

MCS, MSPBS, MPP, MCDC, MCPres

47170 power to authorise a person to institute proceedings (either generally or in a particular case) MCS, MSPBS, MPP, MCDC, MCPres

Road Management Act 2004


Delegate Date

47171 power to declare a road by publishing a notice in the Government Gazette

obtain consent in circumstances specified in section 11(2)


47172 power to name a road or change the name of a road by publishing notice in Government Gazette


47173 duty to advise Registrar



47174 duty to inform Secretary to Department of Environment, Land, Water and Planning of declaration etc.

clause subject to section 11(10A)


47175 duty to inform Secretary to Department of Environment, Land, Water and Planning or nominated person

where council is the coordinating road authority


47176 power to discontinue road or part of a road

were council is the coordinating road authority


47177 power to publish, and provide copy, notice of proposed discontinuance

power of coordinating road authority where it is the discontinuing body unless subsection (11) applies


47178 duty to consider written submissions received within 28 days of notice

duty of coordinating road authority where it is the discontinuing body unless subsection (11) applies


47179 function of hearing a person in support of their written submission function of coordinating

MSPBSMCP,


road authority where it is the discontinuing body unless subsection (11) applies

MCDC, MCPres

47180 duty to fix day, time and place of meeting under subsection (6) and to give notice



47181 duty to notify of decision made

duty of coordinating road authority where it is the discontinuing body does not apply where an exemption is specified by the regulations or given by the Minister


47182 power to fix a boundary of a road by publishing notice in Government Gazette

power of coordinating road authority and obtain



consent under section 13(3) and section 13(4) as appropriate

47183 function of receiving notice from VicRoads


47184 power to appeal against decision of VicRoads


47185 power to enter into arrangement with another road authority, utility or a provider of public transport to transfer a road management function of the road authority to the other road authority, utility or provider of public transport


47186 power to enter into arrangement with a utility to transfer a road management function of the utility to the road authority


47187 duty to include details of arrangement in public roads register


47188 power to enter into an arrangement under section 15


47189 duty to enter details of determination in public roads register


47190 duty to register public road in public roads register where council is the coordinating road authority



47191 power to decide that a road is reasonably required for general public use



47192 duty to register a road reasonably required for general public use in public roads register



47193 power to decide that a road is no longer reasonably required for general public use



47194 duty to remove road no longer reasonably required for general public use from public roads register



47195 power to designate ancillary area

where council is the coordinating road authority, and obtain consent in circumstances specified in section 18(2)


47196 duty to record designation in public roads register




47197 duty to keep register of public roads in respect of which it is the coordinating road authority


47198 duty to specify details of discontinuance in public roads register


47199 duty to ensure public roads register is available for public inspection


47200 function of replying to request for information or advice



47201 function of commenting on proposed direction MSPBSMCP, MCDC, MCPres

47202 duty to publish a copy or summary of any direction made under section 22 by the Minister in its annual report.


47203 duty to give effect to a direction under this section.


47204 duty to inspect, maintain and repair a public road.


47205 power to inspect, maintain and repair a road which is not a public road


47206 power to determine the standard of construction, inspection, maintenance and repair


47207 power to declare a public road as a controlled access road

power of coordinating road authority

MSPBSMCP,


and Schedule 2 also applies

MCDC, MCPres

47208 power to amend or revoke declaration by notice published in Government Gazette

power of coordinating road authority and Schedule 2 also applies


47209 duty to consult with VicRoads before road is specified

where council is the coordinating road authority if road is a municipal road or part thereof


47210 power to approve Minister's decision to specify a road as a specified freight road

where council is the coordinating road authority if road is a municipal road or part thereof and where road is to be specified a freight road


47211 duty to notify the owner or occupier of land and provider of public transport on which rail infrastructure or rolling stock is located (and any relevant provider of public transport)

where council is the responsible road authority, infrastructure manager or



works manager

47212 function of consulting with the Secretary for purposes of developing guidelines under section 48M MSPBSMCP, MCDC, MCPres

47213 duty to notify the relevant authority of the location of the bus stopping point and the action taken by council


47214 power to develop and publish a road management plan


47215 power to determine standards by incorporating the standards in a road management plan


47216 power to cause notice to be published in Government Gazette of amendment etc of document in road management plan


47217 duty to give notice of proposal to make a road management plan


47218 duty to conduct a review of road management plan at prescribed intervals


47219 power to amend road management plan


47220 duty to incorporate the amendments into the road management plan


47221 duty to cause notice of road management plan to be published in Government Gazette and newspaper


47222 power to consent to conduct of works on road

where council is the coordinating

MSPBSMCP,


road authority

MCDC, MCPres

47223 power to conduct or to authorise the conduct of works in, on, under or over a road in an emergency

where council is the infrastructure manager


47224 duty to comply with clause 13 of Schedule 7 where council is the infrastructure manager or works manager


47225 power to consent to structure etc where council is the coordinating road authority 


47226 function of receiving the name & address of the person responsible for distributing the sign or bill



47227 power to request information







47229 power to appoint an authorised officer


47230 duty to issue an identity card to each authorised officer


47231 function of receiving report from authorised officer


47232 duty to keep register re section 85 matters


47233 function of receiving complaints


47234 duty to investigate complaint and provide report


47235 power to recover damages in court


47236 power to cause or carry out inspection


47237 function of consulting with VicRoads


47238 power to exercise road management functions on an arterial road (with the consent of VicRoads) MSPBSMCP, MCDC, MCPres

47239 duty to seek consent of VicRoads to exercise road management functions before exercising power in section 120(1)


47240 power to enter into an agreement in respect of works



47241 power to charge and recover fees


47242 power to charge for any service


47243 power to make a decision in respect of controlled access roads


47244 duty to make policy about controlled access roads


47245 power to amend, revoke or substitute policy about controlled access roads


47246 function of receiving details of proposal from VicRoads


47247 duty to publish notice of declaration


47248 duty to give notice to relevant coordinating road authority of proposed installation of non-road infrastructure or related works on a road reserve

where council is the infrastructure manager or works manager


47249 duty to give notice to any other infrastructure manager or works manager responsible for any non-road infrastructure in the area, that could be affected by any proposed installation of infrastructure or related works on a road or road reserve of any road



47250 duty to comply with request for information from a coordinating road authority, an infrastructure manager or a works manager responsible for existing or proposed infrastructure in relation to the location of any non-road infrastructure and technical advice or assistance in conduct of works

where council is the infrastructure manager or



works manager responsible for non-road infrastructure

47251 duty to give information to another infrastructure manager or works manager where becomes aware any infrastructure or works are not in the location shown on records, appear to be in an unsafe condition or appear to need maintenance



47252 where Schedule 7 Clause 10(1) applies, duty to, where possible, conduct appropriate consultation with persons likely to be significantly affected



47253 power to direct infrastructure manager or works manager to conduct reinstatement works



47254 power to take measures to ensure reinstatement works are completed



47255 duty to ensure that works are conducted by an appropriately qualified person



47256 power to recover costs

where council is the coordinating



road authority

47257 duty to notify relevant coordinating road authority within 7 days that works have been completed, subject to Schedule 7, Clause 13(2)

where council is the works manager


47258 power to vary notice period



47259 duty to ensure works manager has complied with obligation to give notice under Schedule 7, Clause 13(1)



47260 power to consent to proposed works



47261 duty to consult

where council is the coordinating road authority, responsible authority or infrastructure manager






47263 power to set reasonable conditions on consent



47264 power to include consents and conditions



47265 power to refuse to give consent and duty to give reasons for refusal



47266 power to enter into an agreement



47267 power to give notice requiring rectification of works where council is the coordinating road authority


47268 power to conduct the rectification works or engage a person to conduct the rectification works and power to recover costs incurred



47269 power to require removal, relocation, replacement or upgrade of existing non-road infrastructure




47270 power to cause street lights to be installed on roads

power of responsible road authority where it is the coordinating road authority or responsible road authority in respect of the road


47271 duty to pay installation and operation costs of street lighting - where road is not an arterial road

where council is the responsible road authority


47272 duty to pay installation and operation costs of street lighting - where road is a service road on an arterial road and adjacent areas



47273 duty to pay installation and percentage of operation costs of street lighting - for arterial roads in accordance with clauses 3(2) and 4

duty of council as responsible road authority that installed the light (re: installation costs) and where council is relevant municipal council (re: operating costs)



Planning and Environment Regulations 2015


Delegate Date

47297 function of receiving notice, under section 19(1)(c) of the Act, from a planning authority of its preparation of an amendment to a planning scheme

where Council is not the planning authority and the amendment affects land within Council's municipal district; or where the amendment will amend the planning scheme to designate Council as an acquiring authority.

SPP PG1, PG2

47298 power of responsible authority to require a permit applicant to verify information (by statutory declaration or other written confirmation satisfactory to the responsible authority) in an application for a permit or to amend a permit or any information provided under section 54 of the Act

PG1, PG2, PG3

62907 duty to make copy of matter considered under section 60(1A)(g) available for inspection free of charge where Council is the responsible authority

PG1, PG2, PG3


62908 function of receiving a copy of any document considered under section 60(1A)(g) by the responsible authority and duty to make the document available for inspection free of charge

where Council is not the responsible authority but the relevant land is within Council's municipal district

PG1, PG2, PG3

47299 function of receiving notice under section 96C(1)(c) of the Act from a planning authority of its preparation of a combined application for an amendment to a planning scheme and notice of a permit application

where Council is not the planning authority and the amendment affects land within Council's municipal district; or where the amendment will amend the planning scheme to designate Council as an acquiring authority. 

PG1, PG2, PG3

Planning and Environment (Fees) Interim Regulations 2015


Delegate Date


47341 power to waive or rebate a fee other than a fee relating to an amendment to a planning scheme

PG1

47342 power to waive or rebate a fee relating to an amendment of a planning scheme

PG1

47343 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

PG1

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010


Delegate Date

47301 function of entering into a written agreement with a caravan park owner MCS, TLPH, MFPO

47302 function of receiving application for registration MCS, TLPH, EHO, TLEH

47303 duty to grant the registration if satisfied that the caravan park complies with these regulations MCS, TLPH, EHO, TLEH

47304 duty to renew the registration if satisfied that the caravan park complies with these regulations MCS, TLPH, EHO, TLEH

47344 power to refuse to renew the registration if not satisfied that the caravan park complies with these regulations MCS, TLPH, TLEH

47305 duty to issue certificate of registration MCS, TLPH, EHO, TLEH

47306 function of receiving notice of transfer of ownership MCS, TLPH, EHO, TLEH

47307 power to determine where notice of transfer is displayed MCS, TLPH, EHO,


TLEH

47308 duty to transfer registration to new caravan park owner MCS, TLPH, EHO, TLEH

47309 duty to issue a certificate of transfer of registration MCS, TLPH, EHO, TLEH

47310 power to determine the fee to accompany applications for registration or applications for renewal of registration As resolved by Council

MCS

47311 duty to keep register of caravan parks MCS, TLPH, TLEH

47312 power to determine where the emergency contact person's details are displayed MCS, TLPH, EHO, TLEH

47313 power to determine where certain information is displayed MCS, TLPH, EHO, TLEH

47314 duty to notify a caravan park owner of the relevant emergency services agencies for the caravan park, on the request of the caravan park owner

MCS, TLPH, MFPO, TLEH

47315 duty to consult with relevant emergency services agencies MCS, TLPH, MFPO, TLEH

47316 power to determine places in which caravan park owner must display a copy of emergency procedures MCS, TLPH, MFPO, TLEH

47317 power to determine places in which caravan park owner must display copy of public emergency warnings MCS, TLPH, MFPO, TLEH

47318 duty to consult with relevant floodplain management authority

MCS, MSAPMCDC

47319 duty to have regard to any report of the relevant fire authority



47320 power to approve system for the collection, removal and disposal of sewage and waste water from a movable dwelling


47321 function of receiving notice of proposed installation of unregistrable movable dwelling or rigid annexe

MSPBS, MCP, MCDC

47322 power to require notice of proposal to install unregistrable movable dwelling or rigid annexe

MSPBS, MCP, MCDC

47323 function of receiving installation certificate

MSPBS, MCP, MCDC

47324 power to approve use of a non-habitable structure as a dwelling or part of a dwelling

MSPBS, MCP, MCDC

47325 power to approve the removal of wheels and axles from unregistrable movable dwelling MSPBS, MCP, MCDC

Road Management (General) Regulations 2016


Delegate Date

47326 duty to conduct reviews of road management plan


47327 duty to give notice of review of road management plan


47328 duty to produce written report of review of road management plan and make report available


86348 Duty to give notice where road management review is completed and no amendments will be made (or no amendments where council is the coordinating

MSPBSMCP,


for which notice is required) road authority

MCDC, MCPres

47329 duty to give notice of amendment which relates to standard of construction, inspection, maintenance or repair under section 41 of the Act


86349 Duty to publish notice of amendments to road management plan where council is the coordinating road authority


47330 duty to record on road management plan the substance and date of effect of amendment


47331 power to issue permit





Delegate Date

47332 power to charge fee for issuing permit under regulation 501(1)






Delegate Date

47333 power to give written consent re damage to road



47334 power to make submission to Tribunal



86350 power to charge a fee for application under section 66(1) Road Management Act where council is the coordinating road authority


47335 power to remove objects, refuse, rubbish or other material deposited or left on road



47336 power to sell or dispose of things removed from road or part of road (after first complying with regulation 25(3)



47337 power to recover in the Magistrates' Court, expenses from person responsible MSPBSMCP, MCDC, MCPres

Road Management (Works and Infrastructure) Regulations 2015

# Item Delegated Conditions and Delegate Date


Limitations

47338 power to exempt a person from requirement under clause 13(1) of Schedule 7 to the Act to give notice as to the completion of those works

where council is the coordinating road authority and where consent given under section 63(1) of the Act

MCDC, MCPres

47339 power to waive whole or part of fee in certain circumstances where council is the coordinating road authority

MCDC, MCPres

72719 power to exempt a person from requirement under clause 13(1) of Schedule 7 of the Act to give notice as to the completion of those works


MCDC, MCPres


MCDC, MCPres

Officers’ Reports


ATTACHMENT B

Instrument of Delegation – Members to Council Staff with tracked changes


City of Casey Instrument of Delegation to Members of Council Staff


In exercise of the power conferred by section 98(1) of the Local Government Act 1989 and the other legislation referred to in the attached Schedule, the Casey City Council (Council):

1. delegates each duty and/or function and/or power described in column 1 of the Schedule (and summarised in column 2 of the Schedule) to the member of Council staff holding, acting in or performing the duties of the office or position described opposite each such duty and/or function and/or power in column 3 of the Schedule;

2. record that a reference in the Schedule are as follows: Titles

• DCL: Director Community Life • DCPI: Director City Presentation & Infrastructure • EHO: Environmental Health Officer • EPO: Executive Planning Officer • LLO: Local Laws Officer • MCDC: Manager City Design and Construction • MCP: Manager City Planning • MCPres: Manager City Presentation • MCS: Manager Community Safety • MFPO: Municipal Fire Prevention Officer • MGC: Manager General Counsel • MPC: Manager People and Culture • MPP: Manager Property and Procurement • MSAP: Manager Service and Asset Planning • MSPBS: Manager Statutory Planning & Building Services • PA: Planning Assistant • PCO: Planning Compliance Officer • PSC: Planning Services Coordinator • SDE: Senior Drainage Engineer • SE: Subdivisions Engineer • SLLO: Senior Local Laws Officer • SLP: Senior Landscape Planner • SP: Statutory Planner • SPCO: Senior Planning Compliance Officer • SPP: Strategic Project Planner • SSE: Senior Subdivision Engineer • SSP: Senior Statutory Planner • TLEH: Team Leader Environmental Health • TLLL: Team Leader Local Laws • TLPC: Team Leader Planning Compliance • TLPH: Team Leader Public Health • TLPSI: Team Leader Planning Scheme Implementation • TLS: Team Leader Subdivisions • TLTP: Team Leader Traffic Planning

Title Groups

• Council Executive Team: Planning Group 1 - CEO, DCPI, MSPBS, MCP • Council Executive Team: Planning Group 2 - CSP, EPO, MSPBS, MCP, TLPC, TLPSI, TLS, TLSP, PP • Council Executive Team: Planning Group 3 - SSP, SP, PA, PSC, SPP 3. declares that: 3.1 this Instrument of Delegation is authorised by resolution of Council passed on [#date#] 3.2 the delegation: 3.2.1 comes into force immediately the common seal of Council is affixed to this Instrument of Delegation; 3.2.2 remains in force until varied or revoked; 3.2.3 is subject to any conditions and limitations set out in sub-paragraph 3.3, and the Schedule; and 3.2.4 must be exercised in accordance with any guidelines or policies which Council from time to time adopts; and

3.3 the delegate must not determine the issue, take the action or do the act or thing: 3.3.1 if the issue, action, act or thing is an issue, action or thing which Council has previously designated as an issue, action, act or thing which must be the subject of a Resolution of Council; or 3.3.2 if the determining of the issue, taking of the action or doing of the act or thing would or would be likely to involve a decision which is inconsistent with a

(a) policy; or (b) strategy

adopted by Council; or

3.3.3 if the determining of the issue, the taking of the action or the doing of the act or thing cannot be the subject of a lawful delegation, whether on account of section 98(1)(a)-(f) (inclusive) of the Act or otherwise; or 3.3.4 the determining of the issue, the taking of the action or the doing of the act or thing is already the subject of an exclusive delegation to another member of Council staff. THE COMMON SEAL OF CASEY CITY COUNCIL was hereto affixed in the presence of

CHIEF EXECUTIVE OFFICER DATE

Delegation Sources

• Domestic Animals Act 1994 • Environment Protection Act 1970 • Food Act 1984 • Heritage Act 1995 • Planning and Environment (Fees) Interim Regulations 2015 • Planning and Environment Act 1987 • Planning and Environment Regulations 2015 • Rail Safety (Local Operations) Act 2006 • Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010 • Residential Tenancies Act 1997 • Road Management (General) Regulations 2005 • Road Management (General) Regulations 2016 • Road Management (Works and Infrastructure) Regulations 2015 • Road Management Act 2004


Domestic Animals Act 1994


Delegate Date

46854 power to declare a dog to be a menacing dog Council may delegate this power to an authorised officer

MCS, TLLL, SLLO, LLO



Delegate Date

46855 power to require further information


46856 duty to advise applicant that application is not to be dealt with


46857 duty to approve plans, issue permit or refuse permit

refusal must be ratified by council or it is of no effect


46858 power to refuse to issue septic tank permit

refusal must be ratified by council or it is of



no effect

46859 duty to refuse to issue a permit in circumstances in (a)-(c) refusal must be ratified by council or it is of no effect


Food Act 1984


Delegate Date

46860 power to direct by written order that the food premises be put into a clean and sanitary condition



46861 power to direct by written order that specified steps be taken to ensure that food prepared, sold or handled is safe and suitable



46862 power to direct that an order made under section 19(3)(a) or (b), (i) be affixed to a conspicuous part of the premises, and (ii) inform the public by notice in a published newspaper or otherwise



46863 duty to revoke any order under section 19 if satisfied that an order has been complied with



46864 duty to give written notice of revocation under section 19(6)(a) if satisfied that an order has been complied with



Food Act 1984

46865 power to direct, by written order, that a person must take any of the actions described in (a)-(c).



46866 power to direct, in an order made under s.19AA(2) or a subsequent written order, that a person must ensure that any food or class of food is not removed from the premises

Note: the power to direct the matters under s.19AA(4)(a) and (b) not capable of delegation and so such directions must be made by a Council resolution


46867 duty to revoke order issued under s.19AA and give written notice of revocation, if satisfied that that order has been complied with



46868 power to request copy of records



46869 power to request a copy of the food safety program where council is the registration authority


46870 power to request proprietor to provide written details of the name, qualification or experience of the current food safety supervisor



Food Act 1984

46871 power to conduct a food safety audit and take actions where deficiencies are identified



46872 power to request food safety audit reports



46873 power to waive and vary the costs of a food safety audit if there are special circumstances

MCS

46874 power to charge fees for conducting a food safety assessment or inspection

except for an assessment required by a declaration under section 19C or an inspection under sections 38B(1)(c) or 39.


MCS, TLPH, TLEH

46875 power to direct a proprietor of a food premises to comply with any requirement under Part IIIB


MCS, TLPH, TLEH

46876 power to direct a proprietor of a food premises to have staff at the premises undertake training or instruction


MCS, TLPH, TLEH

Food Act 1984

46877 power to direct a proprietor of a food premises to have details of any staff training incorporated into the minimum records required to be kept or food safety program of the premises


MCS, TLPH, TLEH

46878 power to register, renew or transfer registration where council is the registration authority refusal to grant/renew/transfer registration must be ratified by Council or the CEO (see section 58A(2)) 

MCS, TLPH, TLEH

46879 power to (a) request further information; or (b) advise the proprietor that the premises must be registered if the premises are not exempt


MCS, TLPH, TLEH

46880 power to fix a fee for the receipt of a notification under section 38AA in accordance with a declaration under subsection (1)



MCS

46881 power to request a copy of a completed food safety program template



46882 duty to assess the application and determine which class of food premises under section 19C the food premises belongs



Food Act 1984

46883 duty to ensure proprietor has complied with requirements of section 38A



46884 duty to be satisfied of the matters in section 38B(2)(a)-(b)



46885 duty to ensure compliance with the applicable provisions of section 38C and inspect the premises if required by section 39



46886 duty to be satisfied of the matters in section 38D(2)(a)-(d)



46887 power to request copies of any audit reports



46888 power to register the food premises on a conditional basis

where council is the registration authority; not exceeding the prescribed time limit defined under subsection (5).


Food Act 1984

46889 duty to register the food premises when conditions are satisfied where council is the registration authority


46890 power to require proprietor to comply with requirements of this Act



46891 power to register, renew or transfer food premises despite minor defects

where council is the registration authority only if satisfied of matters in subsections (2)(a)-(c)


46892 power to incorporate the certificate of registration in one document with any certificate of registration under Part 6 of the Public Health and Wellbeing Act 2008

MCS

46893 power to grant or renew the registration of food premises for a period of less than 1 year



46894 power to suspend or revoke the registration of food premises


MCS

46895 duty to be satisfied that registration requirements under Division 3 have been met prior to registering, transferring or renewing registration of a component of a food business



Food Act 1984

46896 power to register the components of the food business that meet requirements in Division 3 and power to refuse to register the components that do not meet the requirements



46897 power to institute proceedings against another person where the offence was due to an act or default by that other person and where the first person charged could successfully defend a prosecution, without proceedings first being instituted against the person first charged

where council is the registration authority 

MCS, TLPH, MGC

Heritage Act 1995


Delegate Date

46898 power to sub-delegate Executive Director's functions must obtain Executive Director's written consent first.

MSPBS, MCP



Delegate Date

46899 power to prepare an amendment to the Victoria Planning Provisions

if authorised by the Minister

MSPBSMCP PG1PG2


46900 function of receiving prescribed documents and a copy of the Victoria Planning Provisions from the Minister

MSPBS, MCP, SPP PG1, PG2

46901 duty to make amendment to Victoria Planning Provisions available


46902 duty to keep Victoria Planning Provisions and other documents available


46903 power to prepare amendment to the planning scheme where the Minister has given consent under s.8A

MSPBSMCP PG1, PG2

46904 power to apply to Minister to prepare an amendment to the planning scheme

MSPBSMCP PG1PG2

46905 function of receiving notice of the Minister's decision


46906 power to prepare the amendment specified in the application without the Minister's authorisation if no response received after 10 business days

MSPBSMCP PG1PG2

46907 power to apply to the Minister for authorisation to prepare an amendment to the planning scheme of an adjoining municipal district

MSPBSMCP PG1PG2

46908 power to carry out studies and do things to ensure proper use of land and consult with other persons to ensure co-ordination of planning scheme with these persons

MSPBSMCP PG1, PG2

46909 duty to prepare a municipal strategic statement (including power to prepare a municipal strategic statement under section 19 of the Planning and Environment (Planning Schemes) Act 1996)


46910 duty to review planning scheme



46911 duty to review planning scheme at direction of Minister


46912 duty to report findings of review of planning scheme to Minister without delay


46913 duties of a Responsible Authority as set out in subsections (a) to (d)

MSPBSMCP PG1, PG2, PG3

46914 duty of giving copy amendment to the planning scheme


46915 duty of giving copy s.173 agreement


46916 duty of giving copy amendment, explanatory report and relevant documents to the Minister within 10 business days


46917 duty to make amendment etc. available


46918 power to give notice, to decide not to give notice, to publish notice of amendment to a planning scheme and to exercise any other power under section 19 to a planning scheme


46919 function of receiving notice of preparation of an amendment to a planning scheme

where Council is not the planning authority and the amendment affects land within Council's municipal district; or where the amendment will amend the planning scheme to designate Council as an



acquiring authority.

46920 power to apply to Minister for exemption from the requirements of section 19

MSPBSMCP PG1PG2

46921 duty to make submissions available


46922 duty to publish notice in accordance with section


46923 duty to consider all submissions


46924 duty to refer submissions which request a change to the amendment to a panel


46925 power to refer to a panel submissions which do not require a change to the amendment


46926 function to represent council and present a submission at a panel hearing (including a hearing referred to in section 96D)


46927 power to make report available for inspection


46928 duty to keep report of panel available for inspection


46929 power to apply for exemption if panel's report not received



46930 duty to notify the Minister if abandoning an amendment Note: the power to make a decision to abandon an amendment cannot be delegated


46931 duty to say if amendment has lapsed


46932 duty to provide information in writing upon request


46933 duty to give more notice if required


46934 duty to give more notice of changes to an amendment


46935 duty to give notice of approval of amendment


46936 duty to give notice of revocation of an amendment


46937 function of being a party to a proceeding commenced under section 39 and duty to comply with determination by VCAT


46938 function of lodging copy of approved amendment


46939 duty to make approved amendment available


46940 duty to make copy of planning scheme available



46941 power to request the Growth Areas Authority to provide advice on any matter relating to land in Victoria or an objective of planning in Victoria


72666 duty to comply with directions issued by the Minister MSPBSMCP PG1, PG2

72667 duty to include a condition in a permit relating to matters set out in s.46GG(c) and (d) MSPBSMCP PG1, PG2

72668 power to require the payment of an amount of infrastructure levy to be secured to Council's satisfaction where council is a collecting agency 

MSPBSMCP PG1, PG2

72669 power to accept the provision of land, works, services or facilities in part or full satisfaction of the amount of infrastructure levy payable


MSPBSMCP PG1PG2

72670 duty to obtain the agreement of the relevant development agency or agencies specified in the approved infrastructure contributions plan before accepting the provision of land, works, services or facilities by the applicant


MSPBSMCP PG1, PG2

72671 duty to keep proper accounts of any amount of infrastructure levy paid to it as a collecting agency or a development agency under part 2 of the Planning and Environment Act 1987

must be done in accordance with Local Government Act 1989. 

MSPBSMCP PG1, PG2

72672 duty to forward to a development agency any part of an infrastructure levy paid to council which is imposed for plan preparation costs incurred by development agency or for carrying out of works, services or facilities on behalf of the

MSPBSMCP PG1, PG2


development agency

72673 duty to apply levy amount only in accordance with s.46GI(3) (a) and (b) MSPBSMCP PG1, PG2

72674 power to refund any amount of infrastructure levy paid to it as a development agency under Part 2 of the Planning and Environment Act 1987 if satisfied that the development is not to proceed

MSPBSMCP PG1PG2

72675 duty to take action described in s.46GI(5)(c) – (e) where s.46GI(5)(a) and (b) applies. MSPBSMCP PG1, PG2

72676 power to recover any amount of infrastructure levy as a debt due to Council where council is a collecting agency 

MSPBSMCP PG1PG2


MSPBSMCP PG1, PG2

46942 duty to include condition in permit regarding payment of development infrastructure levy

MSPBSMCP PG1, PG2

46943 function of determining time and manner for receipt of development contributions levy MSPBSMCP PG1, PG2

46944 power to enter into an agreement with the applicant regarding payment of development infrastructure levy

MSPBSMCP PG1PG2

46945 power to ensure that community infrastructure levy is paid, or agreement is in place, prior to issuing building permit

MSPBSMCP PG1, PG2

46946 power to enter into agreement with the applicant regarding payment of community infrastructure levy MSPBSMCP


PG1PG2

46947 power to require payment of amount of levy under section 46N or section 46O to be satisfactorily secured

MSPBSMCP PG1, PG2

46948 power to accept provision of land, works, services or facilities in part or full payment of levy payable

MSPBSMCP PG1PG2

46949 duty to keep proper accounts of levies paid

MSPBSMCP PG1, PG2

46950 duty to forward to development agency part of levy imposed for carrying out works, services, or facilities on behalf of development agency or plan preparation costs incurred by a development agency or plan preparation costs incurred by a development agency

MSPBSMCP PG1, PG2

46951 duty to apply levy only for a purpose relating to the provision of plan preparation costs or the works, services and facilities in respect of which the levy was paid etc

MSPBSMCP PG1, PG2

46952 power to refund any amount of levy paid if it is satisfied the development is not to proceed

only applies when levy is paid to Council as a 'development agency'

MSPBSMCP PG1PG2

46953 duty to pay amount to current owners of land in the area if an amount of levy has been paid to a municipal council as a development agency for plan preparation costs incurred by the council or for the provision by the council of works, services or facilities in an area under s.46Q(4)(a)

must be done within six months of the end of the period required by the development contributions plan and with the consent of, and in the manner approved by, the

MSPBSMCP PG1, PG2


Minister 

46954 duty to submit to the Minister an amendment to the approved development contributions plan

must be done in accordance with Part 3

MSPBSMCP PG1, PG2

46955 duty to expend that amount on other works etc.

with the consent of, and in the manner approved by, the Minister

MSPBSMCP PG1, PG2

46956 power to recover any amount of levy payable under Part 3B

MSPBSMCP PG1PG2


MSPBSMCP PG1, PG2

46957 duty to make a copy of the approved strategy plan (being the Melbourne Airport Environs Strategy Plan) and any documents lodged with it available

MSPBSMCP PG1, PG2

46958 duty to carry out works in conformity with the approved strategy plan

MSPBSMCP PG1, PG2

46959 power to decide that an application for a planning permit does not comply with that Act

MSPBS, MCP, SSP PG1, PG2

46960 duty to keep a register of all applications for permits and determinations relating to permits

MSPBSMCPPG1, PG2, PG3


46961 duty to make register available for inspection


46962 duty to amend application


46963 power to refuse to amend application


46964 duty to make note of amendment to application in register


46965 power to make amendment to application


46966 power to require applicant to notify owner and make a declaration that notice has been given MSPBSMCPPG1, PG2, PG3

46967 duty to note amendment to application in register


46968 duty to make copy of application available for inspection


46969 duty to give notice of the application to owners/occupiers of adjoining allotments unless satisfied that the grant of permit would not cause material detriment to any person

MSPBS, MCP, SSP PG2PG3

46970 duty to give notice of the application to other municipal councils where appropriate


46971 duty to give notice of the application to all persons required by the planning scheme


46972 duty to give notice of the application to owners and occupiers of land benefited by a registered restrictive covenant if may result in breach of covenant



46973 duty to give notice of the application to owners and occupiers of land benefited by a registered restrictive covenant if application is to remove or vary the covenant


46974 duty to give notice of the application to other persons who may be detrimentally effected


46975 duty to give notice of an application to remove or vary a registered restrictive covenant


46976 power to give any further notice of an application where appropriate


46977 power to require the applicant to give notice under section 52(1) to persons specified by it MSPBS, MCP, SSP PG2PG3

46978 power to require the applicant to give the notice under section 52(1AA)


46979 power to require the applicant to provide more information


46980 duty to give notice in writing of information required under section 54(1)


46981 duty to specify the lapse date for an application


46982 power to decide to extend time or refuse to extend time to give required information

MSPBSMCP PG2, PG3

46983 duty to give written notice of decision to extend or refuse to extend time und section 54A(3)

MSPBSMCP PG2, PG3


46984 duty to give copy application, together with the prescribed information, to every referral authority specified in the planning scheme


46985 power to reject objections considered made primarily for commercial advantage for the objector

MSPBS, MCP, SSP PG1, PG2

46986 function of receiving name and address of persons to whom notice of decision is to go


46987 duty to make available for inspection copy of all objections


46988 duty to amend application in accordance with applicant's request, subject to section 57A(5)


46989 power to refuse to amend application MSPBS, MCP, SSP PG1, PG2

46990 duty to note amendments to application in register


46991 duty to determine whether and to whom notice should be given


46992 duty to consider certain matters in determining whether notice should be given


46993 duty to give copy of amended application to referral authority


46994 duty to consider every application for a permit


46995 power to request advice from the Planning Application Committee

MSPBSMCP PG1, PG2


46996 duty to consider certain matters


46997 power to consider certain matters before deciding on application


72679 duty to consider number of objectors in considering whether use or development may have significant social effect MSPBSMCPPG1, PG2, PG3

46998 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

the permit must not be inconsistent with a cultural heritage management plan under the Aboriginal Heritage Act 2006

Item 1 The power to approve an application for a planning permit for which public notice has been given under Section 52 of the Planning & Environment Act 1987 when more than five (5) objections have been received and the objections have not been withdrawn. Item 2 The power to

MSPBSMCP PG1, PG2PG3


refuse an application other than: • For a decision to refuse an application for a use and/or development which is prohibited or for which a permit is not required or contrary to an approved Development Plan or contrary to a provision of a Section 173 Agreement or contrary to a restriction on a Plan of Subdivision or remove a Restrictive Covenant and a beneficiary to that Covenant objects to the applications. • For a decision to refuse an application for multi dwellings, advertising signage or vegetation removal on the


basis that they are contrary to the provision of the Casey Planning Scheme. • For a decision to refuse an application for a retrospective approval of an unlawful use or development for which Council has given notice of a contravention or commenced enforcement proceedings. Item 3 The power(s) under Items 1 to 2 do not apply to planning applications ‘called in’ by a Councillor in writing to the Manager of Statutory Planning and Subdivisions, Director Planning and Development Services or Chief Executive Officer prior to the application being determined under


delegation.

46999 duty to decide to refuse to grant a permit if a relevant determining referral authority objects to grant of permit

MSPBS, MCP, SSP PG1, PG2PG3

47000 power to decide to refuse to grant a permit if a relevant recommending referral authority objects to the grant of permit


47001 duty not to decide to grant a permit to use coastal Crown land without Minister’s consent MSPBSMCP PG1, PG2PG3

47002 duty to refuse to grant the permit without the Minister's consent


47003 duty to refuse to grant the permit if grant would authorise a breach of a registered restrictive covenant


47004 duty to include certain conditions in deciding to grant a permit

MSPBSMCP PG1, PG2

47005 power to include other conditions

MSPBSMCP PG1, PG2

47006 duty to ensure conditions are consistent with paragraphs (a),(b) and (c)

MSPBSMCP PG1, PG2

47007 power to include a permit condition to implement an approved development contributions plan

MSPBSMCP PG1, PG2

47008 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

MSPBSMCP PG1, PG2

47009 power to include a permit condition that specified works be provided or paid for by the applicant

MSPBSMCP PG1, PG2


47010 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

MSPBSMCP PG1, PG2

47011 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)

MSPBSMCP PG1, PG2

47012 duty to issue the permit where made a decision in favour of the application (if no one has objected)

MSPBSMCP PG1, PG2

47013 duty to give notice of decision to grant a permit to applicant and objectors



47014 duty not to issue a permit until after the specified period



47015 duty to give each objector a copy of an exempt decision



47016 duty not to issue permit until the end of a period when an application for review may be lodged with VCAT or until VCAT has determined the application, if a relevant recommending referral authority has objected to the grant of a permit

this provision applies also to a

MSPBSMCPPG1,


decision to grant an amendment to a permit - see section 75A

PG2, PG3

47017 duty to give notice of refusal to grant permit to applicant and person who objected under section 57


47018 duty to give notice under section 64 or section 65 and copy permit to relevant determining referral authorities


47019 duty to give a recommending referral authority notice of its decision to grant a permit

if the recommending referral authority objected to the grant of the permit or the responsible authority decided not to include a condition on the permit recommended by the recommending referral authority



if the recommending referral authority objected to the grant of the permit or the recommending referral authority recommended that



a permit condition be included on the permit

47021 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

if the recommending referral authority did not object to the grant of the permit or the recommending referral authority did not recommend a condition be included on the permit


47022 function of receiving application for extension of time of permit


47023 function of receiving application for extension of time to complete development


47024 power to extend time


47025 duty to make copy permit available for inspection


47026 power to correct certain mistakes


47027 duty to note corrections in register

MSPBSMCPPG1,


PG2, PG3

47028 power to decide to grant amendment subject to conditions


47029 duty to issue amended permit to applicant if no objectors


47030 duty to give applicant and objectors notice of decision to refuse to grant amendment to permit MSPBSMCPPG1, PG2, PG3

47031 duty to give relevant determining referral authorities copy of amended permit and copy of notice


47032 duty to give a recommending referral authority notice of its decision to grant an amendment to a permit

if the recommending referral authority objected to the amendment of the permit or the responsible authority decided not to include a condition on the amended permit recommended by the recommending referral authority



if the recommending referral authority objected to the amendment of the permit or the recommending



referral authority recommended that a permit condition be included on the amended permit

47034 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

if the recommending referral authority did not object to the amendment of the permit or the recommending referral authority did not recommend a condition be included on the amended permit


47035 duty to comply with direction of Minister to issue amended permit


47036 function of being respondent to an appeal


47037 duty to give or publish notice of application for review


47038 power to decide on an application at any time after an appeal is lodged against failure to grant a permit


47039 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 MSPBSMCPPG1,


permit PG2, PG3

47040 duty to tell principal registrar if decide to grant a permit after an application is made for review of its failure to grant a permit


47041 duty to issue permit on receipt of advice within 3 working days


47042 duty to issue a permit at order of Tribunal within 3 working days


47043 power to apply to VCAT for the cancellation or amendment of a permit

MSPBS, MCP, TLPC PG1PG2

47044 function of being heard at hearing of request for cancellation or amendment of a permit

MSPBSMCP PG1, PG2

47045 duty to comply with the directions of VCAT

MSPBSMCP PG1, PG2

47046 duty to issue amended permit to owner if Tribunal so directs

MSPBSMCP PG1, PG2

47047 duty to give notice of cancellation/amendment of permit by VCAT to persons entitled to be heard under section 90

MSPBSMCP PG1, PG2

47048 duty to give notice of VCAT order to stop development

MSPBSMCP PG1, PG2

47049 function of referring certain applications to the Minister


47050 duty to comply with an order or direction



47051 duty to obtain a permit from the Minister to use and develop its land MSPBSMCP PG1, PG2

47052 function of giving consent to other persons to apply to the Minister for a permit to use and develop Council land

MSPBSMCP PG1, PG2

47053 power to agree to consider an application for permit concurrently with preparation of proposed amendment

MSPBSMCP PG1, PG2

47054 power to give notice, to decide not to give notice, to publish notice and to exercise any other power under section 96C

MSPBSMCP PG1, PG2

47055 duty to consider the panel's report under section 96E

MSPBSMCP PG1, PG2

47056 power to determine to recommend that a permit be granted or to refuse to recommend that a permit be granted and power to notify applicant of the determination (including power to give notice under section 23 of the Planning and Environment (Planning Schemes) Act 1996)

MSPBSMCP PG1, PG2

47057 power to give notice in compliance with Minister's direction

MSPBSMCP PG1, PG2

47058 power to issue permit as directed by the Minister

MSPBSMCP PG1, PG2

47059 duty to comply with direction of the Minister to give notice of refusal

MSPBSMCP PG1, PG2

47340 duty to keep levy certificates given to it under ss. 47 or 96A for no less than 5 years from receipt of the certificate MSPBSMCP PG1, PG2

47060 power to request Minister to decide the application MSPBSMCP PG1PG2

47061 duty to comply with directions of Minister to supply any document or assistance relating to application MSPBSMCP PG1,


PG2

47062 function of receiving from Minister copy of notice of refusal to grant permit or copy of any permit granted by the Minister MSPBSMCP PG1, PG2

47063 duty to make a copy of permits issued under section 97F available for inspection MSPBSMCP PG1, PG2

47064 duty to include Ministerial decisions in a register kept under section 49 MSPBSMCP PG1, PG2

47065 duty to provide information or assistance to the Planning Application Committee MSPBSMCP PG1, PG2

47066 duty to contribute to the costs of the Planning Application Committee or subcommittee MSPBSMCP PG1, PG2

47067 duty to consider application and issue or refuse to issue certificate of compliance MSPBSMCP PG1, PG2

47068 duty to comply with directions of VCAT following an application for review of a failure or refusal to issue a certificate MSPBSMCP PG1, PG2

47069 function of being heard by VCAT at hearing of request for amendment or cancellation of certificate MSPBSMCP PG1, PG2

47070 duty to comply with directions of VCAT MSPBSMCP PG1, PG2

47071 duty to keep register of all applications for certificate of compliance and related decisions MSPBSMCPPG1, PG2, PG3

47072 function of receiving claim for compensation in certain circumstances MSPBSMCP PG1, PG2

47073 duty to inform any person of the name of the person from whom compensation can be claimed MSPBSMCP PG1, PG2


47074 function of receiving claim for expenses in conjunction with claim MSPBSMCP PG1, PG2

47075 power to reject a claim for compensation in certain circumstances MSPBSMCP PG1, PG2

47076 function of receiving claim for compensation MSPBSMCP PG1, PG2

47077 power to agree to extend time for making claim MSPBSMCP PG1, PG2

47078 power to apply to the VCAT for an enforcement order MSPBS, MCP, TLPC PG1PG2

47079 function of making a submission to the VCAT where objections are received MSPBS, MCP, PCO, SPCO PG1, PG2

47080 power to apply for an interim enforcement order where section 114 application has been made MSPBS, MCP, TLPC PG1PG2

47081 power to carry out work required by enforcement order and recover costs MSPBSMCP PG1, PG2

47082 power to sell buildings, materials, etc salvaged in carrying out work under section 123(1) except Crown Land

MSPBSMCP PG1PG2

47083 function of recovering penalties MSPBS, MCP, PCO, SPCO PG1, PG2

47084 power to allow person served with an infringement notice further time MSPBS, MCP, PCO, SPCO PG1, PG2


47085 power to refer a matter to the VCAT for determination MSPBSMCP PG1, PG2

47086 power to apply to VCAT for the determination of a matter relating to the interpretation of a s.173 agreement MSPBSMCP PG1, PG2

47087 duty to pay fees and allowances (including a payment to the Crown under subsection (2A)), and payment or reimbursement for reasonable costs and expenses incurred by the panel in carrying out its functions unless the Minister directs otherwise under subsection (2B)power to ask for contribution under subsection (3) and power to abandon amendment or part of it under subsection (4)

where council is the relevant planning authority

MSPBSMCP PG1, PG2

47088 power to carry out studies and commission reports MSPBSMCP PG1, PG2

47089 power to grant and reserve easements MSPBSMCP PG1, PG2

47090 power to enter into agreement covering matters set out in section 174 CEODCPI, MSPBS, MCP PG1

47091 power to decide whether something is to the satisfaction of Council, where an agreement made under section 173 of the Planning and Environment Act 1987 requires something to be to the satisfaction of Council or Responsible Authority


47092 power to give consent on behalf of Council, where an agreement made under section 173 of the Planning and Environment Act 1987 requires that something may not be done without the consent of Council or Responsible Authority


47093 power to end a section 173 agreement with the agreement of all those bound by any covenant in the agreement or otherwise in accordance with Division 2 of Part 9

CEODCPI, MSPBS, MCP PG1

47094 power to amend a s.173 agreement with the agreement of all those bound by any covenant in the agreement or otherwise in accordance with Division 2 of Part 9


47095 function of receiving application to amend or end an agreement MSPBSMCP PG1, PG2, PG3

47096 function of notifying the owner as to whether it agrees in principle to the proposal under s.178A(1)



47097 function of notifying the applicant and the owner as to whether it agrees in principle to the proposal

MSPBSMCP PG1, PG2

47098 power to propose to amend or end an agreement


47099 duty to consider certain matters when considering proposal to amend an agreement


47100 duty to consider certain matters when considering proposal to end an agreement


47101 duty to give notice of the proposal to all parties to the agreement and other persons who may be detrimentally affected by decision to amend or end

MSPBSMCP PG1, PG2

47102 function of determining how to give notice under s.178C(2)

MSPBSMCP PG1, PG2

47103 duty not to make decision until after 14 days after notice has been given

MSPBSMCP PG1, PG2









If no objections are made under s.178D Must consider matters in s.178B 








47109 power to amend or end the agreement in a manner that is substantively different from the proposal






47111 duty to give notice of its decision under s.178E(3)(a) or (b)

MSPBSMCP PG1, PG2

47112 duty to give notice of its decision under s.178E(2)(c) or (3)(d)

MSPBSMCP PG1,


PG2

47113 duty not to proceed to amend or end an agreement under s.178E until at least 21 days after notice has been given or until an application for review to the Tribunal has been determined or withdrawn


47114 duty to sign amended agreement and give copy to each other party to the agreement CEODCPI, MSPBS, MCP PG1

47115 power to require a person who applies to amend or end an agreement to pay the costs of giving notices and preparing the amended agreement

MSPBSMCP PG1, PG2

47116 duty to notify, in writing, each party to the agreement of the ending of the agreement relating to Crown land


47117 duty to make available for inspection copy agreement


47118 duty to apply to the Registrar of Titles to record the agreement and to deliver a memorial to Registrar-General


47119 power to apply to the Registrar of Titles to record the agreement

MSPBSMCP PG1, PG2

47120 duty to apply to the Registrar of Titles, without delay, to record the agreement


47121 power to enforce an agreement

MSPBSMCP PG1, PG2

47122 duty to tell Registrar of Titles of ending/amendment of agreement


47123 power to decide to amend or end an agreement at any time after an application for review of the failure of Council to make a decision

MSPBSMCP PG1PG2


47124 duty not to amend or end the agreement or give notice of the decision after an application is made to VCAT for review of a failure to amend or end an agreement


47125 duty to inform the principal registrar if the responsible authority decides to amend or end an agreement after an application is made for the review of its failure to end or amend the agreement


47126 function of receiving advice from the principal registrar that the agreement may be amended or ended in accordance with Council's decision


47127 duty to comply with a direction of the Tribunal


47128 duty to give notice as directed by the Tribunal


47129 function to receive application for planning certificate


47130 duty to give planning certificate to applicant


47131 function of receiving application for declaration of underlying zoning


47132 duty to make declaration

MSPBSMCP PG1, PG2PG3

47133 power to decide, in relation to any planning scheme or permit, that a specified thing has or has not been done to the satisfaction of Council

MSPBS, MCP, SE, SSE, SDE, TLTP, SLP PG1, PG2, PG3

47134 power, in relation to any planning scheme or permit, to consent or refuse to consent to any matter which requires the consent or approval of Council

MSPBS, MCP, SE, SSE, SDE, TLTP,


SLP PG1, PG2, PG3

47135 power to approve any plan or any amendment to a plan or other document in accordance with a provision of a planning scheme or condition in a permit


47136 power to give written authorisation in accordance with a provision of a planning scheme


47137 function of providing the Growth Areas Authority with information relating to any land within municipal district


47138 duty to provide the Growth Areas Authority with information requested under subsection (1) as soon as possible MSPBSMCP PG1, PG2, PG3



Delegate Date

47139 duty to comply with a direction of the Safety Director under this section


MSPBS, MCP, MT, MCDC, MCPres

47140 duty to comply with a direction of the Safety Director to give effect to arrangements under this section

duty of council as a road authority under the Road Management Act 2004

MSPBSMPR, MRCMCP, MT, MCDC, MCPres


47141 duty to comply with a direction of the Safety Director to alter, demolish or take away works carried out contrary to a direction under section 33(1)



47142 function of entering into safety interface agreements with rail infrastructure manager



47143 function of working in conjunction with rail infrastructure manager in determining whether risks to safety need to be managed



47144 function of receiving written notice of opinion



47145 function of entering into safety interface agreement with infrastructure manager



47146 duty to identify and assess risks to safety



47147 duty to determine measures to manage any risks identified and assessed having regard to items set out in section 34E(2)(a)-(c)







47149 duty to identify and assess risks to safety, if written notice has been received under section 34D(2)(a)



47150 duty to determine measures to manage any risks identified and assessed, if written notice has been received under section 34D(2)(a)






47152 power to identify and assess risks to safety as required under sections 34B, 34C, 34D, 34E or 34F in accordance with subsections (a)-(c)



47153 function of entering into safety interface agreements



47154 function of receiving notice from Safety Director




47155 duty to comply with a direction of the Safety Director given under section 34J(5)



47156 duty to maintain a register of items set out in subsections (a)-(b) where council is the relevant road authority




Delegate Date

47157 function of receiving notice regarding an unregistered rooming house

MCS, TLLL, TLPH, EHO, TLEH

47158 duty to enter required information in Rooming House Register for each rooming house in municipal district


47159 power to enter certain information in the Rooming House Register


47160 power to amend or revoke an entry in the Rooming House Register if necessary to maintain the accuracy of the entry


47161 power to give tenant a notice to vacate rented premises if subsection (1) applies


MCS, TLLL, MPP

47162 power to give tenant a notice to vacate rented premises where council is the landlord

MCS, TLLL, MPP


47163 power to publish its criteria for eligibility for the provision of housing by council

MCS, TLLL, MPP

47164 power to issue notice to caravan park regarding emergency management plan if determined that the plan does not comply with the requirements

MCS, TLLL, MBS, TLPH, EHO, MSPBS, MPP, MCP, TLEH, MCDC

47165 power to give a compliance notice to a person


47166 power to authorise an officer to exercise powers in section 526 (either generally or in a particular case)

MCS, TLLL, MBS, MGC, DCL, MSPBS, MPP, MCP, MCDC

47167 duty to issue identity card to authorised officers MCS, TLLL, MPC

47168 duty to keep record of entry by authorised officer under section 526

MCS, TLLL, MBS, TLPH, MSPBS, MCP, TLEH, MCDC

47169 function of receiving report of inspection

MCS, TLLL, MBS, MSPBS, MPP, MCDC, MCPres

47170 power to authorise a person to institute proceedings (either generally or in a particular case) MCS, TLLL, MBS, MSPBS, MPP, MCDC, MCPres



Delegate Date

47171 power to declare a road by publishing a notice in the Government Gazette


MENG, MSPBSMRCMCP, MT, MCDC, MCPres

47172 power to name a road or change the name of a road by publishing notice in Government Gazette


47173 duty to advise Registrar


47174 duty to inform Secretary to Department of Environment, Land, Water and Planning of declaration etc.

clause subject to section 11(10A)


47175 duty to inform Secretary to Department of Environment, Land, Water and Planning or nominated person



47176 power to discontinue road or part of a road

were council is the coordinating road authority


47177 power to publish, and provide copy, notice of proposed discontinuance

power of coordinating

MENG, MSPBSMRCMCP,


road authority where it is the discontinuing body unless subsection (11) applies

MT, MCDC, MCPres

47178 duty to consider written submissions received within 28 days of notice



47179 function of hearing a person in support of their written submission function of coordinating road authority where it is the discontinuing body unless subsection (11) applies


47180 duty to fix day, time and place of meeting under subsection (6) and to give notice




47181 duty to notify of decision made

duty of coordinating road authority where it is the discontinuing body does not apply where an exemption is specified by the regulations or given by the Minister


47182 power to fix a boundary of a road by publishing notice in Government Gazette

power of coordinating road authority and obtain consent under section 13(3) and section 13(4) as appropriate


47183 function of receiving notice from VicRoads


47184 power to appeal against decision of VicRoads



47185 power to enter into arrangement with another road authority, utility or a provider of public transport to transfer a road management function of the road authority to the other road authority, utility or provider of public transport


47186 power to enter into arrangement with a utility to transfer a road management function of the utility to the road authority


47187 duty to include details of arrangement in public roads register


47188 power to enter into an arrangement under section 15


47189 duty to enter details of determination in public roads register


47190 duty to register public road in public roads register where council is the coordinating road authority


47191 power to decide that a road is reasonably required for general public use



47192 duty to register a road reasonably required for general public use in public roads register where council is MENG,


the coordinating road authority

MSPBSMRCMCP, MT, MCDC, MCPres

47193 power to decide that a road is no longer reasonably required for general public use



47194 duty to remove road no longer reasonably required for general public use from public roads register



47195 power to designate ancillary area

where council is the coordinating road authority, and obtain consent in circumstances specified in section 18(2)


47196 duty to record designation in public roads register



47197 duty to keep register of public roads in respect of which it is the coordinating road authority


47198 duty to specify details of discontinuance in public roads register

MENG, MSPBSMRCMCP,


MT, MCDC, MCPres

47199 duty to ensure public roads register is available for public inspection


47200 function of replying to request for information or advice



47201 function of commenting on proposed direction MENG, MSPBSMRCMCP, MT, MCDC, MCPres

47202 duty to publish a copy or summary of any direction made under section 22 by the Minister in its annual report.


47203 duty to give effect to a direction under this section.


47204 duty to inspect, maintain and repair a public road.


47205 power to inspect, maintain and repair a road which is not a public road

MENG, MSPBSMRCMCP, MT, MCDC,


MCPres

47206 power to determine the standard of construction, inspection, maintenance and repair


47207 power to declare a public road as a controlled access road



47208 power to amend or revoke declaration by notice published in Government Gazette



47209 duty to consult with VicRoads before road is specified

where council is the coordinating road authority if road is a municipal road or part thereof


47210 power to approve Minister's decision to specify a road as a specified freight road

where council is the coordinating road authority if road is a municipal road or part thereof



and where road is to be specified a freight road

47211 duty to notify the owner or occupier of land and provider of public transport on which rail infrastructure or rolling stock is located (and any relevant provider of public transport)

where council is the responsible road authority, infrastructure manager or works manager


47212 function of consulting with the Secretary for purposes of developing guidelines under section 48M MENG, MSPBSMPR, MRCMCP, MT, MCDC, MCPres

47213 duty to notify the relevant authority of the location of the bus stopping point and the action taken by council

MENG, MSPBSMPR, MRCMCP, MT, MCDC, MCPres

47214 power to develop and publish a road management plan


47215 power to determine standards by incorporating the standards in a road management plan


47216 power to cause notice to be published in Government Gazette of amendment etc of document in road management plan

MENG, MSPBSMPR, MRCMCP, MT,


MCDC, MCPres

47217 duty to give notice of proposal to make a road management plan


47218 duty to conduct a review of road management plan at prescribed intervals


47219 power to amend road management plan


47220 duty to incorporate the amendments into the road management plan


47221 duty to cause notice of road management plan to be published in Government Gazette and newspaper


47222 power to consent to conduct of works on road



47223 power to conduct or to authorise the conduct of works in, on, under or over a road in an emergency




47224 duty to comply with clause 13 of Schedule 7 where council is the infrastructure manager or works manager


47225 power to consent to structure etc where council is the coordinating road authority 


47226 function of receiving the name & address of the person responsible for distributing the sign or bill


MCS, MSPBSMRCMCP, MT, MCDC, MCPres







47229 power to appoint an authorised officer


47230 duty to issue an identity card to each authorised officer



47231 function of receiving report from authorised officer


47232 duty to keep register re section 85 matters


47233 function of receiving complaints


47234 duty to investigate complaint and provide report


47235 power to recover damages in court


47236 power to cause or carry out inspection


47237 function of consulting with VicRoads


47238 power to exercise road management functions on an arterial road (with the consent of VicRoads) MSPBSMRCMCP, MT, MCDC, MCPres

47239 duty to seek consent of VicRoads to exercise road management functions before exercising power in section 120(1)


47240 power to enter into an agreement in respect of works MSPBSMRCMCP, MT, MCDC,


MCPres

47241 power to charge and recover fees


47242 power to charge for any service


47243 power to make a decision in respect of controlled access roads


47244 duty to make policy about controlled access roads


47245 power to amend, revoke or substitute policy about controlled access roads


47246 function of receiving details of proposal from VicRoads


47247 duty to publish notice of declaration


47248 duty to give notice to relevant coordinating road authority of proposed installation of non-road infrastructure or related works on a road reserve



47249 duty to give notice to any other infrastructure manager or works manager responsible for any non-road infrastructure in the area, that could be affected by any proposed installation of infrastructure or related works on a road or road reserve of any

where council is the infrastructure

MSPBSMRCMCP, MT, MCDC,


road

manager or works manager

MCPres

47250 duty to comply with request for information from a coordinating road authority, an infrastructure manager or a works manager responsible for existing or proposed infrastructure in relation to the location of any non-road infrastructure and technical advice or assistance in conduct of works

where council is the infrastructure manager or works manager responsible for non-road infrastructure


47251 duty to give information to another infrastructure manager or works manager where becomes aware any infrastructure or works are not in the location shown on records, appear to be in an unsafe condition or appear to need maintenance



47252 where Schedule 7 Clause 10(1) applies, duty to, where possible, conduct appropriate consultation with persons likely to be significantly affected



47253 power to direct infrastructure manager or works manager to conduct reinstatement works



47254 power to take measures to ensure reinstatement works are completed




47255 duty to ensure that works are conducted by an appropriately qualified person



47256 power to recover costs



47257 duty to notify relevant coordinating road authority within 7 days that works have been completed, subject to Schedule 7, Clause 13(2)

where council is the works manager


47258 power to vary notice period



47259 duty to ensure works manager has complied with obligation to give notice under Schedule 7, Clause 13(1)






47261 duty to consult

where council is the coordinating road authority, responsible authority or



infrastructure manager




47263 power to set reasonable conditions on consent



47264 power to include consents and conditions



47265 power to refuse to give consent and duty to give reasons for refusal



47266 power to enter into an agreement



47267 power to give notice requiring rectification of works where council is the coordinating road authority



47268 power to conduct the rectification works or engage a person to conduct the rectification works and power to recover costs incurred



47269 power to require removal, relocation, replacement or upgrade of existing non-road infrastructure



47270 power to cause street lights to be installed on roads

power of responsible road authority where it is the coordinating road authority or responsible road authority in respect of the road


47271 duty to pay installation and operation costs of street lighting - where road is not an arterial road



47272 duty to pay installation and operation costs of street lighting - where road is a service road on an arterial road and adjacent areas



47273 duty to pay installation and percentage of operation costs of street lighting - for arterial roads in accordance with clauses 3(2) and 4

duty of council as responsible road authority that installed the



light (re: installation costs) and where council is relevant municipal council (re: operating costs)



Delegate Date

47297 function of receiving notice, under section 19(1)(c) of the Act, from a planning authority of its preparation of an amendment to a planning scheme

where Council is not the planning authority and the amendment affects land within Council's municipal district; or where the amendment will amend the planning scheme to designate Council as an acquiring authority.



47298 power of responsible authority to require a permit applicant to verify information (by statutory declaration or other written confirmation satisfactory to the responsible authority) in an application for a permit or to amend a permit or any information provided under section 54 of the Act


62907 duty to make copy of matter considered under section 60(1A)(g) available for inspection free of charge where Council is the responsible authority


62908 function of receiving a copy of any document considered under section 60(1A)(g) by the responsible authority and duty to make the document available for inspection free of charge

where Council is not the responsible authority but the relevant land is within Council's municipal district


47299 function of receiving notice under section 96C(1)(c) of the Act from a planning authority of its preparation of a combined application for an amendment to a planning scheme and notice of a permit application

where Council is not the planning authority and the amendment affects land within Council's municipal district; or where the amendment will amend the planning scheme to designate Council as an acquiring authority. 





Delegate Date

47341 power to waive or rebate a fee other than a fee relating to an amendment to a planning scheme

MSPBSMCP PG1

47342 power to waive or rebate a fee relating to an amendment of a planning scheme

MSPBSMCP PG1

47343 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

MSPBSMCP PG1



Delegate Date

47301 function of entering into a written agreement with a caravan park owner MCS, TLLL, TLPH, MFPO

47302 function of receiving application for registration MCS, TLLL, TLPH, EHO, TLEH

47303 duty to grant the registration if satisfied that the caravan park complies with these regulations MCS, TLLL, TLPH, EHO, TLEH

47304 duty to renew the registration if satisfied that the caravan park complies with these regulations MCS, TLLL, TLPH, EHO, TLEH


47344 power to refuse to renew the registration if not satisfied that the caravan park complies with these regulations MCS, TLLL, TLPH, TLEH

47305 duty to issue certificate of registration MCS, TLLL, TLPH, EHO, TLEH

47306 function of receiving notice of transfer of ownership MCS, TLLL, TLPH, EHO, TLEH

47307 power to determine where notice of transfer is displayed MCS, TLLL, TLPH, EHO, TLEH

47308 duty to transfer registration to new caravan park owner MCS, TLLL, TLPH, EHO, TLEH

47309 duty to issue a certificate of transfer of registration MCS, TLLL, TLPH, EHO, TLEH

47310 power to determine the fee to accompany applications for registration or applications for renewal of registration As resolved by Council

MCSTLLL

47311 duty to keep register of caravan parks MCS, TLLL, TLPH, TLEH

47312 power to determine where the emergency contact person's details are displayed MCS, TLLL, TLPH, EHO, TLEH

47313 power to determine where certain information is displayed MCS, TLLL, TLPH, EHO, TLEH

47314 duty to notify a caravan park owner of the relevant emergency services agencies for the caravan park, on the request of the caravan park owner

MCS, TLLL, TLPH, MFPO, TLEH

47315 duty to consult with relevant emergency services agencies MCS, TLLL, TLPH, MFPO, TLEH

47316 power to determine places in which caravan park owner must display a copy of emergency procedures MCS, TLLL, TLPH,


MFPO, TLEH

47317 power to determine places in which caravan park owner must display copy of public emergency warnings MCS, TLLL, TLPH, MFPO, TLEH

47318 duty to consult with relevant floodplain management authority

MCS, TLLL, MSAPMENGMCDC

47319 duty to have regard to any report of the relevant fire authority


47320 power to approve system for the collection, removal and disposal of sewage and waste water from a movable dwelling


47321 function of receiving notice of proposed installation of unregistrable movable dwelling or rigid annexe

MCS, TLLL, MBS, MSPBS, MCP, MCDC

47322 power to require notice of proposal to install unregistrable movable dwelling or rigid annexe


47323 function of receiving installation certificate


47324 power to approve use of a non-habitable structure as a dwelling or part of a dwelling


47325 power to approve the removal of wheels and axles from unregistrable movable dwelling MCS, TLLL, MBS, MSPBS, MCP, MCDC




Delegate Date

47326 duty to conduct reviews of road management plan


47327 duty to give notice of review of road management plan


47328 duty to produce written report of review of road management plan and make report available


86348 Duty to give notice where road management review is completed and no amendments will be made (or no amendments for which notice is required)



47329 duty to give notice of amendment which relates to standard of construction, inspection, maintenance or repair under section 41 of the Act


86349 Duty to publish notice of amendments to road management plan where council is the coordinating road authority


47330 duty to record on road management plan the substance and date of effect of amendment



47331 power to issue permit





Delegate Date

47332 power to charge fee for issuing permit under regulation 501(1)





Delegate Date

47333 power to give written consent re damage to road



47334 power to make submission to Tribunal



86350 power to charge a fee for application under section 66(1) Road Management Act where council is the coordinating road authority

MENG, MSPBSMRCMCP, MT, MCDC,


MCPres

47335 power to remove objects, refuse, rubbish or other material deposited or left on road



47336 power to sell or dispose of things removed from road or part of road (after first complying with regulation 25(3)



47337 power to recover in the Magistrates' Court, expenses from person responsible MENG, MSPBSMRCMCP, MT, MCDC, MCPres



Delegate Date

47338 power to exempt a person from requirement under clause 13(1) of Schedule 7 to the Act to give notice as to the completion of those works


MCDC, MCPres


MCDC, MCPres


72719 power to exempt a person from requirement under clause 13(1) of Schedule 7 of the Act to give notice as to the completion of those works


MRC, MCDC, MCPres


MRC, MCDC, MCPres

CONSIDERATION OF REPORTS OF COMMITTEES

C o n s i d e r a t i o n o f R e p o r t s o f C o m m i t t e e s

DATE OF COMMITTEE MEETING

As listed

COMMITTEE MEETING

Assembly of Councillors

RECORD OF ASSEMBLIES OF COUNCILLORS

ASSEMBLY DETAILS COUNCILLOR ATTENDEES OFFICER ATTENDEES

OTHERS PRESENT MATTERS CONSIDERED CONFLICT OF INTEREST

DISCLOSURES 20/9/2016 Pre Council Meeting

Cr Ablett Cr Aziz Cr Crestani Cr Morland Cr Rowe Cr Smith Cr Berkelmans Cr Stapledon Cr Kaplon Cr Serey

Mike Tyler Sally Curtain Peter Fitchett Ros Pruden Holly de Kretser Virginia Lloyd

Nil • Public questions • Officer’s reports • Petition’s/joint letters • Notices of motion • Urgent Business

n/a

PETITIONS

&

JOINT LETTERS

NOTICES

OF MOTION

Notices of Motion 4 October 2016

Notice of Motion No.3101 M.E.T.A.L. Group Presentation to General Purposes Committee Cr Rosario Council Plan Reference: 5.4 I hereby give notice that at the Council Meeting on 4 October 2016 I intend to move a motion as follows: That David Nugent of Heavy M.E.T.A.L. Group be invited to present at a future General Purposes meeting.

Council Meeting [date of meeting] Page 1

REPORTS BY

COUNCIL DELEGATES

Name of Organisation Next meeting Delegate/s Alternate Delegate/s

Access and Inclusion Advisory Committee Wednesday 12 October 2016

Cr Mick Morland Cr Rafal Kaplon

Cr Ablett

Arts and Cultural Advisory Committee Monday 7 November 2016

Audit & Ethics Committee Thursday 13 October 2016

Mayor of the Day Cr Gary Rowe

Cr Mick Morland

Casey Cardinia Tourism Advisory Committee

Wednesday 19 October 2016

Cr Mick Morland Cr Amanda Stapledon

Casey Association Football (Soccer) Reference Committee

TBC Cr Rafal Kaplon (Chair) Cr Rosalie Crestani Cr Susan Serey Cr Amanda Stapledon

Casey-Cardinia Library Corporation Wednesday 26 October 2016

Cr Wayne Smith Cr Damien Rosario

Cr Susan Serey

Casey Cardinia Local History Reference Group

Thursday 10 November 2016

Casey Economic Development Partnership

TBA Mayor of the Day Cr Geoff Ablett Cr Rafal Kaplon Cr Gary Rowe

Cr Damien Rosario

Casey Equestrian Reference Committee Thursday 1 December 2016

Casey Fields Steering Committee Monday 21 November 2016

Casey Multifaith Network Thursday 17 November 2016

Casey Radio Wednesday 2 November 2016

Casey Scorpions Football Club – Board of Directors

Wednesday 16 November 2016

Casey Volunteer Awards Advisory Committee

TBA Cr Louise Berkelmans Cr Amanda Stapledon

CEO Annual Performance Review Sub Committee

TBA Mayor of the Day Cr Louise Berkelmans Cr Mick Morland Cr Damien Rosario

Nil

Conservation Advisory Committee Wednesday 7 December 2016

Cranbourne Community Theatre Management Committee

TBA Cr Amanda Stapledon Cr Wayne Smith

Hampton Park Central Structure Plan Steering Committee

Monday 7 November 2016

Name of Organisation Next meeting Delegate/s Alternate Delegate/s

Inter Council Aboriginal Consultative Committee

Thursday 10 November 2016

John Pandazopoulos Hall Committee of Management

Monday 5 December 2016

Mayoral Charity Concert Advisory Committee

TBA Cr Louise Berkelmans Cr Wayne Smith Cr Amanda Stapledon

Metropolitan Local Governments Waste Forum

Thursday 13 October 2016

Cr Amanda Stapledon Cr Mick Morland

Metropolitan Transport Forum Wednesday 7 December 2016

Municipal Association of Victoria TBA Cr Mick Morland Cr Amanda Stapledon

Any Councillors authorised by Council to attend conferences or meetings.

URGENT BUSINESS

Documents

Vision for the future To be the city of choice to live ... · • Hampton Park - Cr Damien Rosario • River Gum Creek Opening – Cr Damien Rosario . 5. Minutes of August 2016 meeting