Delegations

What are they and why do we need them?

The Barossa Council has certain functions and duties which it must perform, and certain powers which it may exercise, pursuant to the Local Government Act 1999 (“the Act”) as well as a range of other Acts. In most cases the relevant Acts grant these obligations and powers directly to the Elected Council. 

As it is not practical or efficient for the Council as a body of Elected Members to perform the many operational activities that are required in the day-to-day administration of the Council's roles and functions, Section 44 of the Act allows the Council to formally delegate many of its powers and functions (within certain stated conditions and exemptions) to the Chief Executive Officer, who may then sub-delegate these powers and functions to other responsible staff members. The Council may also delegate its powers and functions to a Council committee or authorised person. 

All delegations made by the Council can be revoked at any time and do not, except in limited circumstances, prevent Council from acting in a matter itself. In addition, a staff member to whom a delegation has been made may choose not to exercise that delegation and bring a matter before Council for direction.

 

The Barossa Council Delegations Register

The Barossa Council Delegations Register has been established to record the powers and functions that have been delegated:

  • from Council to the Chief Executive Officer, and authorised persons and committees; and
  • from Chief Executive Officer to Council officers or other authorised persons.

The Delegations Register must be reviewed by Council at least once in every financial year.  It was most recently reviewed and updated by Council on 24 January 2017 and by the CEO, where he was able to under delegated powers from Council, on 28 March 2017.

[To see what legislative powers have been delegated and compile the Delegations Register, click on each link below]

Burial and Cremation Act 2013 and Burial and Cremation Regulations 2014 

Community Titles Act 1996 

Development Act 1993, Development (Development Plans) Amendment Act 2006 and the Development Regulations 2008

Development Act 1993, Development (Development Plans) Amendment Act 2006 and the Development Regulations 2008 (delegations directly to the Development Assessment Panel)

Development Act 1993, Development (Development Plans) Amendment Act 2006 and the Development Regulations 2008 (delegations directly to the Strategic Planning and Development Policy Committee)

Dog and Cat Management Act 1995 

Electronic Conveyancing National Law (SA) Act 2016

Environment Protection Act 1993 

Environment Protection (Air Quality) Policy 2016 (Environment Protection Authority - Board delegations directly to Officers)

Expiation of Offences Act 1996 

Fences Act 1975 

Fire and Emergency Services Act 2005 and Fire and Emergency Services Regulations 2005 

Fire and Emergency Services Act 2005 (delegations directly to the Fire Prevention Officers)

Food Act 2001 

Freedom of Information Act 1991 

Heavy Vehicle National Law (South Australia) Act 2013 

Housing Improvement Act 1940 

Land and Business (Sale and Conveyancing) Act 1994 

Liquor Licensing Act 1997 

Local Government Act 1999 

Local Nuisance and Litter Control Act 2016

Natural Resources Management Act 2004, Natural Resources Management (General) Regulations 2005 and Natural Resources Management (Transitional Provisions - Levies) Regulations 2005 

Real Property Act 1886

Residential Parks Act 2007 

Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations 2014 and Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 2014

Roads (Opening and Closing) Act 1991 

Safe Drinking Water Act 2011 

South Australian Public Health Act 2011 and Legionella, Wastewater and General Regulations 2013

Strata Titles Act 1988 

Water Industry Act 2012 and Water Industry Regulations 2012 

Work Health and Safety Act 2012 

Minister of Transport's Authorisation to the CEO under the Road Traffic Act

Minister of Transport's Authorisations to Officers under the Road Traffic Act

Permits and Penalties By-law 2013

Roads By-law 2013

Moveable Signs By-law 2013

Local Government Land By-law 2013

Dogs By-law 2013

Cats By-law 2013

Nuisance Caused By Building Sites By-law 2013