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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 25 June 2019 to date (accessed 17 September 2019 at 18:26)
Chapter 12 Part 3
Part 3 Delegation of functions
377   General power of the council to delegate
(1)  A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council under this or any other Act, other than the following:
(a)  the appointment of a general manager,
(b)  the making of a rate,
(c)  a determination under section 549 as to the levying of a rate,
(d)  the making of a charge,
(e)  the fixing of a fee,
(f)  the borrowing of money,
(g)  the voting of money for expenditure on its works, services or operations,
(h)  the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),
(i)  the acceptance of tenders to provide services currently provided by members of staff of the council,
(j)  the adoption of an operational plan under section 405,
(k)  the adoption of a financial statement included in an annual financial report,
(l)  a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,
(m)  the fixing of an amount or rate for the carrying out by the council of work on private land,
(n)  the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,
(o)  the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979,
(p)  the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,
(q)  a decision under section 356 to contribute money or otherwise grant financial assistance to persons,
(r)  a decision under section 234 to grant leave of absence to the holder of a civic office,
(s)  the making of an application, or the giving of a notice, to the Governor or Minister,
(t)  this power of delegation,
(u)  any function under this or any other Act that is expressly required to be exercised by resolution of the council.
(1A)  Despite subsection (1), a council may delegate its functions relating to the granting of financial assistance if:
(a)  the financial assistance is part of a specified program, and
(b)  the program is included in the council’s draft operational plan for the year in which the financial assistance is proposed to be given, and
(c)  the program’s proposed budget for that year does not exceed 5 per cent of the council’s proposed income from the ordinary rates levied for that year, and
(d)  the program applies uniformly to all persons within the council’s area or to a significant proportion of all the persons within the council’s area.
(2)  A council may, by resolution, sub-delegate to the general manager or any other person or body (not including another employee of the council) any function delegated to the council by the Departmental Chief Executive except as provided by the instrument of delegation to the council.
(3)  A council may delegate functions to a joint organisation only with the approval, by resolution, of the board of the joint organisation.
378   Delegations by the general manager
(1)  The general manager may delegate any of the functions of the general manager, other than this power of delegation.
(2)  The general manager may sub-delegate a function delegated to the general manager by the council to any person or body (including another employee of the council).
(3)  Subsection (2) extends to a function sub-delegated to the general manager by the council under section 377 (2).
379   Delegation of regulatory functions
(1)  A regulatory function of a council under Chapter 7 must not be delegated or sub-delegated to a person or body other than:
(a)  a committee of the council of which all the members are councillors or of which all the members are either councillors or employees of the council, or
(b)  an employee of the council, or
(c)  a county council, or
(d)  a joint organisation.
(2)  A regulatory function of a county council under Chapter 7 must not be delegated or sub-delegated to a person or body other than:
(a)  a committee of the county council of which all the members are members of the county council or of which all the members are either members of the county council or employees of the county council, or
(b)  an employee of the county council, or
(c)  a council.
(2A)  A council may delegate a regulatory function to a joint organisation only with the approval, by resolution, of the board of the joint organisation.
(3)  However, if:
(a)  a regulatory function is delegated to a county council, the function may be delegated to the general manager and by the general manager to an employee of the county council, or
(b)  a regulatory function is delegated to a council, the function may be delegated to the general manager and by the general manager to an employee of the council, or
(c)  a regulatory function is delegated to a joint organisation, the function may be delegated to the executive officer and by the executive officer to an employee of the joint organisation.
380   Review of delegations
Each council must review all its delegations during the first 12 months of each term of office.
381   Exercise of functions conferred or imposed on council employees under other Acts
(1)  If, under any other Act, a function is conferred or imposed on an employee of a council or on the mayor or a councillor of a council, otherwise than by delegation in accordance with this section, the function is taken to be conferred or imposed on the council.
(2)  Such a function may be delegated by the council in accordance with this Part.
(3)  A person must not, under any other Act, delegate a function to:
•  the general manager, except with the approval of the council
•  an employee of the council, except with the approval of the council and the general manager.