Our Ref:
Jenny Humphris:133006
19 May 2015
Email: [email protected]
Attention: Vicky Hankinson
Chief Executive Officer
Gladstone Regional Council
PO Box 29
GLADSTONE QLD 4680
Dear Vicky
Delegations and Appointments - Update Service
MONTHLY LEGISLATION REVIEW
As part of our monthly update service, we have reviewed changes to the following legislation
for the month of May 20151:

Building Regulation 2006;

Fisheries Regulation 2008;

Sustainable Planning Regulation 2009.
We confirm that there have been no legislation changes that require changes to the Tables
of Delegable Powers.
ONGOING LEGISLATION REVIEW
As part of our commitment to continual improvement, we are periodically revising all of the
delegable powers and authorised persons powers under the Acts and Regulations covered
by our service. This month we have reviewed the following:

Queensland Heritage Regulation 2003 (current as at 1 July 2014);

River Improvement Trust Regulation 2013 (current as at 1 July 2014);

Information Privacy Regulation 2009 (current as at 1 July 2014);

Sustainable Planning Act 2009 (current as at 19 December 2014); and

Water Regulation 2002 (current as at 18 February 2015).
No delegable powers or authorised person powers were identified in the Queensland
Heritage Regulation 2003, River Improvement Trust Regulation 2013 or Information Privacy
Regulation 2009.
1
Please note that our monthly legislation review period comprises the last week of April to the third week
of May. The last week of May will form part of our June review.
CHW_133006_2473183
Level 9 120 Edward Street Brisbane QLD 4000 | GPO Box 79 Brisbane QLD 4001 | DX 121 Brisbane
P +61 7 3031 9700 | F +61 7 3031 9799 | E [email protected] | www.macdonnells.com.au
Liability limited by a scheme approved under professional standards legislation
ABN 13 315 585 268
MacDonnells Law
19 May 2015
Page 2
Our review of the Sustainable Planning Act 2009 has resulted in some changes to our
existing delegation documents. Our review has also resulted in us preparing a new suite of
delegations documents for the Water Regulation 2002. There were no changes to authorised
person powers in either of those acts.
In relation to the Sustainable Planning Act 2009 we attach the following suite of updated
documents:
Sustainable Planning Act 2009
1.
Table of Delegable Powers – tracked;
2.
Table of Delegable Powers – consolidated;
3.
Instrument of Delegation; and
4.
Instrument of Sub-Delegation.
In relation to the Water Regulation 2002 we attach the following suite of documents:
Water Regulation 2002
1.
Table of Delegable Powers – consolidated2;
2.
Instrument of Delegation; and
3.
Instrument of Sub-Delegation.
STEPS FOR IMPLEMENTATION
Tables of Delegable Powers
Council should complete the Tables by nominating the positions of those persons to whom
powers are to be delegated and any limitations or conditions on the exercise of those
powers. Once complete, the Table of Delegable Powers will indicate which powers are to be
delegated to the CEO and which are to be sub-delegated to other positions within Council.
Instruments of Delegation
Once the Instruments of Delegation have been reviewed and customised so that they are
consistent with the completed Table, the following resolution should be made at a Council
meeting:
"Under section 257 of the Local Government Act 2009, Council resolves to:
Delegate the exercise of the powers contained in Schedule 1 of the Instrument of
Delegation attached to this resolution as Appendix A, to the Chief Executive Officer.
These powers must be exercised subject to any limitations contained in Schedule 2 of
the attached Instrument of Delegation."
The enclosed Instrument of Delegation should be attached as Appendix A to the relevant
Council report and to the minutes of Council's meeting (as the resolution indicates).
2
Note that a number of provisions contained in our delegation documents for the Water Regulation
2002 commence when the Water Reform and other Legislation Amendment Act 2014 commences.
CHW_133006_2473183
MacDonnells Law
19 May 2015
Page 3
Instruments of Sub-Delegation
The enclosed Instruments of Sub-Delegation include all the powers capable of delegation
under the relevant Acts. Council should customise each instrument for each sub-delegate so
that it is consistent with its completed Table of Delegable Powers.
The instruments should be customised by Council to remove any powers which are not being
sub-delegated by the CEO and should include any additional conditions or limitations to be
imposed on the exercise of the delegable powers by the sub-delegate.
Before executing the Instruments of Sub-Delegation, Council should insert the date on which
Council delegated its powers to the CEO (ie. the date of Council's resolution to delegate the
power to the CEO).
Each delegate should receive a copy of their executed Instrument of Sub-Delegation. The
original executed Instruments of Sub-Delegation should be kept by Council in a safe place.
Delegations Register
After making the new delegations and sub-delegations, Council should update its
Delegations Register.
QUERIES
If you have any queries, please contact:
Patrick Day on 07 4722 0261 or by email: [email protected]; or
Jenny Humphris on 07 3031 9720 or by email: [email protected].
Yours faithfully
MacDonnells Law
Writer:
Direct:
Email:
Jenny Humphris  Partner
+ 61 7 3031 9720
[email protected]
Enclosure
CHW_133006_2473183