standing committee meetings – policy and planning … · document reviewed: 01/03/2017 reprint:...

2017

EIDSVOLD

North Burnett Regional Council

MAY 03, 2017

Standing Committee Meetings – Policy and Planning

North Burnett Regional Council Policy and Planning Agenda– 03/05/2017

NORTH BURNETT REGIONAL COUNCIL POLICY AND PLANNING STANDING COMMITTEE MEETING AGENDA– EIDSVOLD – 03 MAY 2017

58

DOCUMENT: 813610 Agenda Item 1 Attendees Agenda Item 2 Welcome / Housekeeping Agenda Item 3 Apologies Agenda Item 4 Declaration of Interest Agenda Item 5 Deputations/Petitions Agenda Item 6 Governance Reports 6.1 Delegations – Building Act 1975 – Council to Chief Executive Officer 003-028 6.2 General Policy 203 – Recognition of Long Serving Employees 029-033 6.3 Councillor Expenses Report 034-036 Agenda Item 7 Economic Report Agenda Item 8 General Business Agenda Item 9 Confidential Reports 9.1 Waiver Charges – Easement Signing Fees Agenda Item 10 Closure of Meeting

GOV 01 DELEGATIONS REGISTER – BUILDING ACT 1975

File: Delegations 4.11.01 Responsible Officer: MJP Pitt – Chief Executive Officer Report prepared by: Cyndy Seabrook – Executive Services Administration Officer

1 PURPOSE OF REPORT

To repeal Council’s previous delegations and to adopt a delegation register compliant with the Local Government Act 2009 and its regulations. 2 INTRODUCTION/BACKGROUND

With the implementation of updates to the Local Government Act 2009, changes are required to Council’s adopted Delegations Register. LGAQ assists Council’s in this area by developing and maintaining a delegations register template. This template is regularly reviewed for changes in legislation. The full Delegations Register was adopted at the General Meeting held on 21 June 2012. Amendments to the register were presented to the Standing Committee Meeting of 4 July 2015 and the General Meeting of 15 March, 2016. 3 CORPORATE/OPERATIONAL PLAN

In accordance with Outcome 5 – Governance, 5.2 – Organisational Systems, 5.2.2 – Develop, implement and review strategic policies that assist Council in formulating innovative responses to critical and operational issues. 4 POLICY IMPLICATIONS In accordance with Statutory Requirements, Council makes a decision as to what areas or responsibility it delegates to the Chief Executive Office. Once this delegation is made, the Chief Executive Officer then may sub-delegate through section 259 of the Local Government Act 2009 to an appropriately qualified employee or contractor. 5 STATUTORY REQUIREMENTS Local Government Act 2009; Local Government Regulation 2012; Building Act 1975.

6 RISK MANAGEMENT

Ensuring statutory requirements are met.

7 FINANCIAL CONSIDERATIONS

Possible adverse financial consequence if proceedings are commenced without appropriate delegations being in place.

3

8 OFFICER’S COMMENTS/CONCLUSION

As previously advised King and Co Solicitors provided advice through the LGAQ Delegations Register Service to Local Authorities as to updates or changes required through legislation. The attached Register has been prepared in accordance with the requirements of Section 257 of the Local Government Act 2009 for each power under the Local Government Act or Regulation which may be delegated to the Chief Executive Officer and Section 259 of the Local Government Act 2009 for each power of the Chief Executive Officer which may be delegated by the Chief Executive Officer to an appropriately qualified employee or contractor. The documents annexed hereto are new delegations required by the North Burnett Regional Council Delegations Register from Council to the Chief Executive Officer containing the relevant legislative changes. It should be noted that this is an ongoing process and as such the Delegations Register will need to be amended as and when changes occur in relevant legislation. Pursuant to Section 260 of the Local Government Act 2009 the Chief Executive Officer must establish a register of delegations that contains the particulars prescribed under a regulation and must record all delegations by Council, the Mayor and the Chief Executive Officer in the register. The public may inspect the register. 9 ATTACHMENT

Draft Register of Delegation Council to CEO – Building Act 1975 RECOMMENDATION

1. That North Burnett Regional Council delegates all powers referred to in the below document “Register of Delegation Council to CEO Building Act 1975 and such powers are delegated from Council to the Chief Executive Officer of Council pursuant to Section 257 of the Local Government Act 2009.

4

REGISTER OF DELEGATIONS

COUNCIL TO CEO

Building Regulation 2006

Page 1 of 1

Building Regulation 2006 - Council to CEO - March 2017

Document Reviewed: 1/3/2017

Reprint: 1/1/2017

NO. DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION DATE AND

NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, if it is not practicable to show each of the

designated bush fire prone area in Council’s

planning scheme maps, to:-

(a) prepare maps showing the areas; and

(b) ensure the maps are updated.

Section 12(4)

Building Regulation

2006

Chief Executive Officer Power to keep a register of the flood hazard areas

Council designates and when each designation was

made.

Section 13(4)

Building Regulation

2006

5


COUNCIL TO CEO

Building Act 1975

Page 1 of 13

Building Act 1975 - Council to CEO - March 2017

Document reviewed: 01/03/2017

Reprint: 11/11/2015


NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, under IDAS to receive, assess and decide a

building development application.

Section 51(2)(a)

Building Act 1975

Chief Executive Officer Power to appoint or employ a private certifier or

another building certifier.

Section 51(2)(b)

Building Act 1975

Chief Executive Officer Power to appoint or employ a building certifier

where asked in writing by the nominated owner and

the building work has not been certified.

Section 51(3)

Building Act 1975

Chief Executive Officer Power to issue a building development approval. Section 52 Building

Act 1975

Chief Executive Officer Power, in carrying out functions under the Building

Act, to accept and, without checking, rely and act

on a certificate or other document made by or given

to the building certifier.

Section 53(2)

Building Act 1975

Chief Executive Officer Power to accept and, without further checking, rely

and act on a document, given to Council by a

private certifier for a building development

application, for the purpose of making it available

for inspection or purchase as required by the

Sustainable Planning Act.

Section 54 Building

Act 1975

6

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


COUNCIL TO CEO

Building Act 1975

Page 2 of 13



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as assessment manager, in relation to

undecided building development applications and

lapsed building development approvals, to resume

or start an application for building development

approval at any stage of IDAS considered

appropriate.

Section 55 Building

Act 1975

Chief Executive Officer Power, as the holder of a registered easement or

statutory covenant, to consent to building work.

Section 65 Building

Act 1975

Chief Executive Officer Power to decide an application to extend the period

mentioned in subsection 71(3), to consult with an

entity in deciding the application and to give notice

of the decision.

Section 71 Building

Act 1975

Chief Executive Officer Power to give a private certifier a document

acknowledging receipt of the fee mentioned in

subsection 86(1)(c).

Section 87 Building

Act 1975

Chief Executive Officer Power to take the action it considers necessary to

complete the building work where the building

development approval lapses and the building work

is other than demolition.

Section 92(2)

Building Act 1975

Chief Executive Officer Power to use all or part of any security given to the

local government for the carrying out of the

building work.

Section 92(5)

Building Act 1975

7



COUNCIL TO CEO

Building Act 1975

Page 3 of 13



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to refund or release part of any security

given to the local government for the carrying out

of the building work, at any time, having regard to

the progress of the building work.

Section 93(1)

Building Act 1975

Chief Executive Officer Power, as the assessment manager, to give a

reminder notice about the lapsing.

Section 95Building

Act 1975

Chief Executive Officer Power to consult with a private certifier with regard

to further extensions of the period under SPA, s 341

(When approval lapses if development not started).

Section 97(2)

Building Act 1975

Chief Executive Officer Power, as the assessment manager, to take

enforcement action against an owner contravening

section 114 of the Act.

Section 117

Building Act 1975

Chief Executive Officer Power to give a building certifier a notice (‘show

cause notice’).

Section 206(1)

Building Act 1975

Chief Executive Officer Power to consider any representations made under

the show cause notice and decide to take no further

action, or apply to the Queensland Civil and

Administrative Tribunal to start a disciplinary

proceeding against the building certifier.

Section 207

Building Act 1975

Chief Executive Officer Power to apply to the Queensland Civil and

Administrative Tribunal to conduct disciplinary

proceeding to determine whether there are proper

grounds for taking disciplinary action against a

building certifier.

Section 208(1)

Building Act 1975

8



COUNCIL TO CEO

Building Act 1975

Page 4 of 13



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to notify the QBCC of its application to the

Queensland Civil and Administrative Tribunal.

Section 210

Building Act 1975

Chief Executive Officer Power to consult with any other entity considered

appropriate in deciding an application made by the

owner of a budget accommodation building to

approve a period for the building under section

220(a)(ii) or (b)(ii) (longer periods for approval).

Section 221(2)

Building Act 1975

Chief Executive Officer Power to grant (including with reasonable

conditions) or refuse an application made by the




Section 221(3)

Building Act 1975

Chief Executive Officer Power to, on written application from the owner,

decide whether or not a building conforms with fire

safety standards and, if applicable, state what must

be done to make the building conform.

Section 222(2)

Building Act 1975

Chief Executive Officer Power to inspect budget accommodation buildings

at least once every 3 years.

Section 228

Building Act 1975

Chief Executive Officer Power, as local government, to approve, with or

without conditions, a later day for a residential care

building to comply with section 231AK of the

Building Act.

Section

231AK(a)(iii) and

(b)(iii) and section

231AL Building Act

1975

9



COUNCIL TO CEO

Building Act 1975

Page 5 of 13



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as local government, on an application by

the owner of an RCB for a later day to obtain a fire

safety compliance certificate or certificate of

classification to:

(a) consult on the application;

(b) decide the application;

(c) impose conditions on the grant of an

application;

(d) give an information notice about the

decision.

Section 231AL and


231AL Building Act

1975

Chief Executive Officer Power to require the applicant to give medical

evidence to support the application.

Section 236

Building Act 1975

Chief Executive Officer Power to, on application by a pool owner, decide an

application for exemption from complying with

part of the pool safety standard relating to barriers

for a regulated pool due to disability (with or

without conditions).

Section 237

Building Act 1975

Chief Executive Officer Power to give notice of Council’s decision. Section 238

Building Act 1975

Chief Executive Officer Power to give notice of each exemption granted

under Chapter 8, Part 2, Division 3 to the QBCC

commissioner.

Section 239

Building Act 1975

Chief Executive Officer Power to give an applicant a show cause notice. Section 242(2)

Building Act 1975

10



COUNCIL TO CEO

Building Act 1975

Page 6 of 13



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT


the show cause notice and give a further notice (a

revocation notice) to the applicant, revoking the

decision previously given.

Section 242(3)

Building Act 1975

Chief Executive Officer Power to give to the QBCC commissioner notice of

each revocation notice given.

Section 243

Building Act 1975

Chief Executive Officer Power to, on application by a pool owner for

exemption from complying with part of the pool

safety standard relating to barriers for the regulated

pool due to compliance being impracticable,

require further information to establish that

compliance with the part of the pool safety standard

is not practicable.

Section 245A

Building Act 1975




for the regulated pool due to compliance being

impracticable (with or without conditions).

Section 245B

Building Act 1975

Chief Executive Officer Power to give written notice of the grant of an

exemption.

Section 245C(1)

Building Act 1975

Chief Executive Officer Power to give an information notice. Section 245C(2)

Building Act 1975

Chief Executive Officer Power to give the owner of the regulated pool a

show cause notice.

Section 245E(2)

Building Act 1975

11



COUNCIL TO CEO

Building Act 1975

Page 7 of 13



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT



revocation notice) to the owner, revoking the


Section 245E(3)

Building Act 1975

Chief Executive Officer Power to give the QBCC commissioner the notices

required by sections 245F(1) and 245F(2).

Section 245F

Building Act 1975

Chief Executive Officer Power to make copy of exemption available for

inspection and purchase as if it were a document

that chapter 9, part 6 of SPA must be available for

inspection and purchase.

Section 245FA(2)

Building Act 1975

Chief Executive Officer Power, as owner of adjoining land, to agree with

the pool owner as to the construction of a pool

barrier along the common boundary.

Section 245XB(2)

Building Act 1975


the pool owner as to the alteration or replacement

of a dividing fence that is used, or proposed to be

used, as a pool barrier along the common boundary.

Section 245XD(2)

Building Act 1975

12



COUNCIL TO CEO

Building Act 1975

Page 8 of 13



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as owner of adjoining land where a pool

barrier is constructed along the common boundary

for a pool on the other land, to:

alter or replace the part of the pool barrier

with the agreement of the pool owner; or

attach a think on the part of the pool barrier

that does not unreasonably or materially

alter or damage the barrier.

Section 245XF(2)

and (3) Building Act

1975

Chief Executive Officer Power, as owner of adjoining land, to grant access

to Council’s land to the owner of the other land to

carry out fencing work.

Section 245XG(1)

Building Act 1975

Chief Executive Officer Power, as owner of adjoining land, where Council

has carried out urgent fencing work under section

245XK of the Building Act and the owner of the

other land is responsible for some or all of the costs

of carrying out the fencing work under section

245XH of the Building Act, to require the owner of

the other land to contribute a share for any

reasonable cost incurred for the fencing work.

Section 245XN(2)

Building Act 1975

Chief Executive Officer Power, as owner of adjoining land, to apply to

QCAT, in the absence of the owner of the other

land, for authorisation to carry out fencing work,

including apportionment of the contributions for the

work.

Section 245XS(1)

Building Act 1975

13



COUNCIL TO CEO

Building Act 1975

Page 9 of 13



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as owner of adjoining land, where an order

has been made under section 245XS(1) of the

Building Act and the owner of the other land has

since been located, to give a copy of the order to

the owner of the other land and recover the

contribution as stated in the order.

Section 245XS(3)

Building Act 1975

Chief Executive Officer Power, as owner of adjoining land, where the

owner of the other land has carried out fencing

work for a dividing fence forming part of a pool

barrier without authorisation, to apply to QCAT for

an order requiring the owner to rectify the dividing

fence.

Section 245XV(2)

Building Act 1975

Chief Executive Officer Power to inspect a regulated pool for compliance

when a pool safety complaint notice, or section

245I or 245UA notice is received.

Section 246ADA(2)

Building Act 1975

Chief Executive Officer Power to take necessary enforcement action to

ensure the pool complies with the pool safety

standard or fencing standards for the pool.

Section 246ADA(5)

Building Act 1975

Chief Executive Officer Power to cancel pool safety certificate for a

regulated pool.

Section 246AF(2)

Building Act 1975

Chief Executive Officer Power to give the QBCC commissioner notice of

the cancellation of the pool safety certificate for a

regulated pool.

Section 246AF(3)

Building Act 1975

14



COUNCIL TO CEO

Building Act 1975

Page 10 of 13



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive officer Power to give a show cause notice before

cancelling a pool safety certificate.

Section 246AG(1)

Building Act 1975

Chief Executive Officer Power to consider submissions and decide whether

to cancel a pool safety certificate.

Section 246AG(5)

Building Act 1975

Chief Executive officer Power to give the owner notice of the decision. Section 246AG(6)

Building Act 1975

Chief Executive officer Power to give the owner an information notice

about the decision.

Section 246AG(7)

Building Act 1975

Chief Executive officer Power to appoint or employ a pool safety inspector

to conduct an inspection of a pool in the

circumstances referred to in subsection (1).

Section 246AH

Building Act 1975

Chief Executive officer Power to keep a record of a notice mentioned in

section 246ADA(1) and the results of the

inspection carried out under section 246ADA.

Section 246AIA

Building Act 1975

Chief Executive Officer Power to comply with a request for information

from the QBCC commissioner.

Section 246AIB(2)

Building Act 1975

Chief Executive Officer Power to give the QBCC commissioner notice of

each existing regulated pool in Council’s local

government area of which it has a record.

Section 246AQ

Building Act 1975

Chief Executive Officer Power to give the swimming pool safety advisory

information to the owner of each non-certificate

regulated pool in its local government area.

Section 246ATC

Building Act 1975

15



COUNCIL TO CEO

Building Act 1975

Page 11 of 13



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to, by gazette notice, designate land as a

transport noise corridor.

Section 246X

Building Act 1975

Chief Executive Officer Power to give a notice (‘enforcement notice’) to the

owner of a building, structure or building work.

Section 248(1)

Building Act 1975

Chief Executive Officer Power to give an enforcement notice to a person

who does not comply with a particular matter in the

Building Act 1975.

Section 248(2)

Building Act 1975

Chief Executive Officer Power to give a person a show cause notice. Section 248(3)

Building Act 1975

Chief Executive Officer Power, as local government, to make a complaint

for an offence against section 245G(1) of the

Building Act 1975.

Section 256(2)(d)

Building Act 1975


for an offence against section 245K, 245L or

246AR(2) of the Building Act 1975.

Section 256(2)(e)

Building Act 1975


for an offence against section 246AD(2) or

246AJ(4) of the Building Act 1975.

Section 256(2)(f)

Building Act 1975


for an offence against section 246AP(2) of the

Building Act 1975.

Section 256(2)(g)

Building Act 1975

16



COUNCIL TO CEO

Building Act 1975

Page 12 of 13



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT


for an offence against chapter 8, part 4, division 5,

subdivision 2, other than section 246ATH(2) of the

Building Act 1975.

Section 256(2)(h)

Building Act 1975

Chief Executive Officer Power, as local government, to authorise a person

to make a complaint for an offence against chapter

8, part 4, division 5, subdivision 2, other than

section 246ATH(2) of the Building Act 1975.

Section 256(2)(h)

Building Act 1975


for an offence against chapter 8, part 5 of the

Building Act 1975.

Section 256(2)(i)

Building Act 1975


to make a complaint for an offence against chapter

8, part 5 of the Building Act 1975.

Section 256(2)(i)

Building Act 1975


for an offence in the Building Act 1975 other than

an offence listed in section 256(2)(a)-(j) of the

Building Act.

Section 256(2)(k)

Building Act 1975


to make a complaint for an offence in the Building

Act 1975 other than an offence listed in section

256(2)(a)-(j) of the Building Act.

Section 256(2)(k)

Building Act 1975

17



COUNCIL TO CEO

Building Act 1975

Page 13 of 13



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to extend the time for an owner of a

swimming pool to comply with section 235 (where

an extension under section 49H(11)(b) of the Local

Government Act 1936 is still in force.

Section 262

Building Act 1975

18



COUNCIL TO CEO

Building Act 1975

Page 1 of 10

Building Act 1975 Council to CEO June 2012


NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, under IDAS to receive, assess and decide a

building development application.

Section 51(2)(a)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to appoint or employ a private certifier or

another building certifier.

Section 51(2)(b)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to appoint or employ a building certifier

where asked in writing by the nominated owner and

the building work has not been certified.

Section 51(3)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to issue a building development approval. Section 52 Building

Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power, in carrying out functions under the Building

Act, to accept and, without checking, rely and act

on a certificate or other document made by or given

to the building certifier.

Section 53(2)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to accept and, without further checking, rely

and act on a document, given to Council by a

private certifier for a building development

application, for the purpose of making it available

for inspection or purchase as required by the

Sustainable Planning Act.

Section 54 Building

Act 1975

21/06/12

369-06-2012

19


COUNCIL TO CEO

Building Act 1975

Page 2 of 10



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as assessment manager, in relation to

undecided building development applications and

lapsed building development approvals, to resume

or start an application for building development

approval at any stage of IDAS considered

appropriate.

Section 55 Building

Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power, as the holder of a registered easement or

statutory covenant, to consent to building work.

Section 65 Building

Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to give a private certifier a document

acknowledging receipt of the fee mentioned in

subsection 86(1)(c).

Section 87 Building

Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to take the action it considers necessary to

complete the building work where the building

development approval lapses and the building work

is other than demolition.

Section 92(2)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to use all or part of any security given to the

local government for the carrying out of the

building work.

Section 92(5)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to refund or release part of any security

given to the local government for the carrying out

of the building work, at any time, having regard to

the progress of the building work.

Section 93(1)

Building Act 1975

21/06/12

369-06-2012

20


COUNCIL TO CEO

Building Act 1975

Page 3 of 10



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to consult with a private certifier with regard

to further extensions of the period under SPA, s 341

(When approval lapses if development not started).

Section 97(2)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to grant or refuse BCA classification change

or use change, if owner of building applies.

Section 111

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power, as the assessment manager, to take

enforcement action against an owner contravening

section 114 of the Act.

Section 117

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to approve the use of a building, other than a

class 1, 2, 3 or 4 building, for residential purposes.

Section 119

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to give the owner of a building a certificate

of classification for the building if built before 30

April 1998 and the owner applies.

Section 123

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to give a building certifier a notice (‘show

cause notice’).

Section 206(1)

Building Act 1975

21/06/12

369-06-2012


the show cause notice and decide to take no further

action, or apply to the Queensland Civil and

Administrative Tribunal to start a disciplinary

proceeding against the building certifier.

Section 207

Building Act 1975

21/06/12

369-06-2012

21


COUNCIL TO CEO

Building Act 1975

Page 4 of 10



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to apply to the Queensland Civil and

Administrative Tribunal to conduct disciplinary

proceeding to determine whether there are proper

grounds for taking disciplinary action against a

building certifier.

Section 208(1)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to notify the Queensland Building Services

Authority of its application to the Queensland Civil

and Administrative Tribunal.

Section 210

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to consult with any other entity considered

appropriate in deciding an application made by the




Section 221(2)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to grant (including with reasonable

conditions) or refuse an application made by the




Section 221(3)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to, on written application from the owner,

decide whether or not a building conforms with fire

safety standards and, if applicable, state what must

be done to make the building conform.

Section 222(2)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to inspect budget accommodation buildings

at least once every 3 years.

Section 228

Building Act 1975

21/06/12

369-06-2012

22


COUNCIL TO CEO

Building Act 1975

Page 5 of 10



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as local government, to approve, with or

without conditions, a later day for a residential care

building to comply with section 231AK of the

Building Act.

Section

231AK(a)(iii) and


231AL Building Act

1975

21/06/12

369-06-2012




for a regulated pool due to disability (with or

without conditions).

Section 237

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to give an applicant a show cause notice. Section 242(2)

Building Act 1975

21/06/12

369-06-2012



revocation notice) to the applicant, revoking the


Section 242(3)

Building Act 1975

21/06/12

369-06-2012




for the regulated pool due to compliance being

impracticable (with or without conditions).

Section 245B

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to give the owner of the regulated pool a

show cause notice.

Section 245E(2)

Building Act 1975

21/06/12

369-06-2012

23


COUNCIL TO CEO

Building Act 1975

Page 6 of 10



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT



revocation notice) to the owner, revoking the


Section 245E(3)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to make copy of exemption available for

inspection and purchase as if it were a document

that chapter 9, part 6 of SPA must be available for

inspection and purchase.

Section 245FA(2)

Building Act 1975

21/06/12

369-06-2012


the pool owner as to the construction of a pool

barrier along the common boundary.

Section 245XB(2)

Building Act 1975

21/06/12

369-06-2012


the pool owner as to the alteration or replacement

of a dividing fence that is used, or proposed to be

used, as a pool barrier along the common boundary.

Section 245XD(2)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power, as owner of adjoining land where a pool

barrier is constructed along the common boundary

for a pool on the other land, to:

alter or replace the part of the pool barrier

with the agreement of the pool owner; or

attach a think on the part of the pool

barrier that does not unreasonably or

materially alter or damage the barrier.

Section 245XF(2)

and (3) Building Act

1975

21/06/12

369-06-2012

24


COUNCIL TO CEO

Building Act 1975

Page 7 of 10



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as owner of adjoining land, to grant access

to Council’s land to the owner of the other land to

carry out fencing work.

Section 245XG(1)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power, as owner of adjoining land, where Council

has carried out urgent fencing work under section

245XK of the Building Act and the owner of the

other land is responsible for some or all of the costs

of carrying out the fencing work under section

245XH of the Building Act, to require the owner of

the other land to contribute a share for any

reasonable cost incurred for the fencing work.

Section 245XN(2)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power, as owner of adjoining land, to apply to

QCAT, in the absence of the owner of the other

land, for authorisation to carry out fencing work,

including apportionment of the contributions for the

work.

Section 245XS(1)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power, as owner of adjoining land, where an order

has been made under section 245XS(1) of the

Building Act and the owner of the other land has

since been located, to give a copy of the order to

the owner of the other land and recover the

contribution as stated in the order.

Section 245XS(3)

Building Act 1975

21/06/12

369-06-2012

25


COUNCIL TO CEO

Building Act 1975

Page 8 of 10



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power, as owner of adjoining land, where the

owner of the other land has carried out fencing

work for a dividing fence forming part of a pool

barrier without authorisation, to apply to QCAT for

an order requiring the owner to rectify the dividing

fence.

Section 245XV(2)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to inspect a regulated pool for compliance

when a pool safety complaint notice, or section

245I or 245UA notice is received.

Section 246ADA(2)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to take necessary enforcement action to

ensure the pool complies with the pool safety

standard or fencing standards for the pool.

Section 246ADA(5)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to cancel pool safety certificate for a

regulated pool.

Section 246AF

Building Act 1975

21/06/12

369-06-2012

Chief Executive officer Power to give a show cause notice before

cancelling a pool safety certificate.

Section 246AG(1)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to consider submissions and decide whether

to cancel a pool safety certificate.

Section 246AG(5)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to, by gazette notice, designate land as a

transport noise corridor.

Section 246X

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to give a notice (‘enforcement notice’) to the

owner of a building, structure or building work.

Section 248(1)

Building Act 1975

21/06/12

369-06-2012

26


COUNCIL TO CEO

Building Act 1975

Page 9 of 10



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT

Chief Executive Officer Power to give an enforcement notice to a person

who does not comply with a particular matter in the

Building Act 1975.

Section 248(2)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to give a person a show cause notice. Section 248(3)

Building Act 1975

21/06/12

369-06-2012


for an offence against section 245G(1) of the

Building Act 1975.

Section 256(2)(d)

Building Act 1975

21/06/12

369-06-2012


for an offence against section 245K, 245L or

246AR(2) of the Building Act 1975.

Section 256(2)(e)

Building Act 1975

21/06/12

369-06-2012


for an offence against section 246AD(2) or

246AJ(4) of the Building Act 1975.

Section 256(2)(f)

Building Act 1975

21/06/12

369-06-2012


for an offence against section 246AP(2) of the

Building Act 1975.

Section 256(2)(g)

Building Act 1975

21/06/12

369-06-2012


for an offence against chapter 8, part 4, division 5,

subdivision 2, other than section 246ATH(2) of the

Building Act 1975.

Section 256(2)(h)

Building Act 1975

21/06/12

369-06-2012

27


COUNCIL TO CEO

Building Act 1975

Page 10 of 10



NUMBER OF

RESOLUTION

CONDITIONS TO WHICH

THE DELEGATION IS

SUBJECT


for an offence against chapter 8, part 5 of the

Building Act 1975.

Section 256(2)(i)

Building Act 1975

21/06/12

369-06-2012


for an offence in the Building Act 1975 other than

an offence listed in section 256(2)(a)-(j) of the

Building Act.

Section 256(2)(k)

Building Act 1975

21/06/12

369-06-2012

Chief Executive Officer Power to extend the time for an owner of a

swimming pool to comply with section 235 (where

an extension under section 49H(11)(b) of the Local

Government Act 1936 is still in force.

Section 262

Building Act 1975

21/06/12

369-06-2012

28

GGOOVV 0022 0055..22001177

GGEENNEERRAALL PPOOLLIICCYY 220033 -- RREECCOOGGNNIITTIIOONN OOFF LLOONNGG SSEERRVVIINNGG

EEMMPPLLOOYYEEEESS

Responsible Officer: Mark Pitt – Chief Executive Officer Report by: Natalie Zillman – Executive Assistant

1. PURPOSE OF REPORT

The Purpose of this policy is to present an update of General Policy 203 – Recognition of Long Serving Employees.

2. INTRODUCTION/BACKGROUND

It is a requirement of the Local Government Act 2009 that Council regularly update its policies. In undertaking this process the following approaches have been adopted;

1. The policy has been updated to reflect Council’s current corporate structure and be in line with current legislation and other statutory requirements.

2. The core intent of the policy has remained as per the current arrangements.

3. Comparison have been made with other Local Governments to ensure that our policy is reflective of modern Local Government practice.

3. CORPORATE/OPERATIONAL PLAN

In accordance with Outcome :

5 - Governance, Section: 5.5 - Transparency in Performance

4. POLICY IMPLICATIONS

Ensuring Council policies reflect current best practice and the current legislation is an important part of Council Governance arrangements.

5. FINANCIAL IMPLICATIONS

The adoption of this policy will lead to no significant material change to Council’s financial arrangement.

6. OPTIONS FOR COUNCIL TO CONSIDER

Consider the report and endorse the presented Policies.

Consider the report and reject the presented Policies.

Consider the report and review the presented Policy for further amendment

29

7. ATTACHMENT

Draft General Policy 203 – Recognition of Long Serving Employees

8. RECOMMENDATION That Council endorse General Policy 203 – Recognition of Long Serving Employees and incorporate as part of the current policy register.

30

1 of 3

General Policy

Policy Title: Recognition of Long Serving Employees

Policy No:

203

Directorate: Executive Services

Responsible Officer:

Chief Executive Officer

Adopted Date: Policy & Strategy ‐ 07/08/2012

Review Date: 20/04/2018 April 2017

VERSION MEETING APPROVED MEETING DATE HISTORY

1 Policy & Strategy Meeting 07/08/2012 Adopted

2 General Meeting 20/04/2016 Review

Authorities: Local Government Act 2009

INTRODUCTION:

This policy recognises the importance of long serving employees to maintaining an effective and efficient Council workforce. The contribution made by such employees to the ongoing operation of the Council and therefore the community is significant and worthy of recognition.

OBJECTIVES:

To give recognition to employees who have attained long periods of continuous employment, or upon retirement after a long period of service with North Burnett Regional Council or another Local Government.

POLICY STATEMENT:

Council employs many employees who have provided the community with continuous service extending over ten (10) years. This long‐service is recognised by Council as beneficial to both the organisation and the community through the retention of the corporate memory as well as the facilitator of positive employee morale and organisational effectiveness.

31

2 of 3

It is Council Policy that such employment is formally recognised and publically acknowledged in a manner befitting the level of dedication shown by those long serving employees.

POLICY:

Long service awards shall be presented to employees who have attained five (5) years of service ten (10) years of service and thereafter upon completion of each additional five (5) year period of service.

It is not a requirement that the period of service be continuous with the North Burnett Regional Council for the full duration of the ten (10) five (5) or more years; however, they must have been continuously in the employment of Local Government.

In accordance with the relevant Award conditions, a term of absence by an employee on maternity leave (of up to and including 52 weeks) will be included as part of the term of service for the purposes of this policy.

Long service awards may consist of a Long Service Medal, Gift or and Framed Long Service Certificate dependant on the number of years of service as follows:. 5 years – Medal, Certificate & Gift to the value of $50 10 years – Medal, Certificate & Gift to the value of $100 15 years – Medal, Certificate & Gift to the value of $150 20 years – Medal, Certificate & Gift to the value of $200 25 years – Medal, Certificate & Gift to the value of $250 30 years and above– Medal, Certificate & Gift to the value of $300

All employees will, as soon as practicable after the period of service is attained, be invited to receive the award at the a combined staff Christmas mid-year (end of July) function, or a Council meeting or other function which may be more mutually convenient.

A current employee who has, at the time of adoption of this policy, attained the required years of service will receive their award retrospectively. (e.g. an employee who has completed 27 years of service will receive a 25 year service award as soon as practicable).

Employees who have completed at least fifteen (15) years of service shall, upon retirement from the workforce, receive an appropriate gift to the value of $150, as determined by the Chief Executive Officer as well as a farewell function hosted by Council. The gift is to be presented by the Mayor or Mayor’s Representative as soon as practicable after notice of the employees’ intention to retire or at the farewell function.

HONOUR BOARD – 20 YEAR SERVICE:

For staff that have provided service with the North Burnett Regional Council or one of the pre‐amalgamated Councils only for a period not less than 20 years in total, their

32

3 of 3

name will be added to an honour roll to celebrate this achievement of service. The honour board will be shared between the six (6) Council offices with placement being in line with the area from which the last person added was from.

RESPONSIBILITY:

This Policy is to be implemented by the Human Resources Officer through the Executive Leadership Team Meeting.

This Policy is reviewed internally for applicability, continuing effect and consistency with related documents and other legislative provisions at least every two (2) years. DEFINITIONS:

‘Continuous Service’ is defined as employment with North Burnett Regional Council or its predecessor Councils or another Local Government that has not been interrupted by termination of any kind.

‘Application’ This Policy applies to all employees who are currently employed by Council and have completed a period of continuous services in excess of ten (10) five (5) years except for extended periods of leave without pay, or the like.

33

GOV 03

COUNCILLOR EXPENSE REIMBURSEMENT REPORT

File: 12 – Financial Management Responsible Officer: Mark Pitt – Chief Executive Officer Report prepared by: Justin Kronk –Manager Special Projects

1 PURPOSE OF REPORT To provide an update to Councillors on year to date expense reimbursements. 2 INTRODUCTION/BACKGROUND In fulfilling the role of a Councillor it is sometimes necessary for expense to be paid for by the Councillor and to be reimbursed at a later date in accordance with Council Reimbursement Policy. At the conclusion of the March quarter this report has been generated to provide an update on these expenses. 3 CORPORATE/OPERATIONAL PLAN In accordance with Outcome 5 – Governance, Section:

5.5 Transparency in Performance 4 POLICY IMPLICATIONS Nil 5 STATUTORY REQUIREMENTS 6 FINANCIAL IMPLICATIONS Provides guidance on actual expenditure for the Financial Year to Date. 7 RISK MANAGEMENT Nil 8 CONSULTATION This report has been prepared by the finance department in consultation with the Council’s Senior Executive. 9 OPTIONS FOR COUNCIL TO CONSIDER Report is for information purposes only

34

10 OFFICER’S COMMENTS/CONCLUSION North Burnett Regional Council provides various facilities to perform their role as a Councillor. All Councillors are provided with a laptop computer, Tablet and smartphone. All Councillors other than Councillor Zahl are provided with a Council Vehicle. From time to time Councillors may be required to purchase items necessary for the role. These are reimbursed to Councillors as mileage and incidentals. 11 ATTACHMENTS Attachment 1 is the Expense Reimbursement Table. RECOMMENDATION

That the Councillor Reimbursement report be presented as information.

35

North Burnett Regional Council

Councillor Expense Reimbursement

For the Period 1 July 2016 to 31 March 2017

Councillor Name

Council Provided Comunications

(laptop, phone, tablet) Council vehicle Gross Remuneration Super Contributions

Mileage &

Incidentals Total

Cr Rachel Chambers Yes Yes 72,812.18$ 8,737.34$ 225.50$ 81,775.02$

Cr Faye Whelan Yes Yes 42,006.72$ 5,040.70$ 47,047.42$

Cr Paul Lobegeier Yes Yes 36,406.28$ 4,368.67$ 262.00$ 41,036.95$

Cr Peter Webster Yes Yes 36,406.28$ 4,368.67$ 40,774.95$

Cr John Zahl Yes No 36,406.28$ 4,368.67$ 40,774.95$

Cr John Bowen Yes Yes 36,406.28$ 4,368.67$ 40,774.95$

Cr Robbie Radel Yes Yes 36,406.28$ 4,368.67$ 1,259.50$ 42,034.45$

For the Period 1 July 2015 to 30 June 2016

Councillor Name

Council Provided Comunications

(laptop, phone, tablet) Council vehicle Gross Remuneration Super Contributions

Mileage &

Incidentals Total

Cr Don Waugh Yes Yes 75,141.58$ 450.85$ -$ 75,592.43$

Cr Rachel Chambers Yes Yes 22,730.38$ 450.85$ 187.90$ 23,369.13$

Cr Faye Whelan Yes Yes 56,402.04$ 6,762.62$ 6.00$ 63,170.66$

Cr John Bowen Yes Yes 49,406.31$ 5,860.94$ -$ 55,267.25$

Cr Paul Lobegeier Yes Yes 49,230.84$ 5,860.94$ -$ 55,091.78$

Cr Lofty Wendt Yes Yes 37,570.80$ -$ -$ 37,570.80$

Cr Robbie Radel Yes Yes 11,271.24$ 1,352.53$ -$ 12,623.77$

Cr Paul Francis Yes Yes 37,570.79$ 4,508.42$ -$ 42,079.21$

Cr Peter Webster Yes Yes 11,271.24$ 1,352.55$ 12,623.79$

Cr Jo Dowling Yes No 39,163.16$ 4,508.42$ 1,592.36$ 45,263.94$

Cr John Zahl Yes No 11,271.24$ 1,127.10$ -$ 12,398.34$

Expense Type

Expense Type

36

standing committee meetings – policy and planning … · document reviewed: 01/03/2017 reprint:...

Documents