Council decisions and powers

Elected Council

Our Council is a legal entity composed of its members. It can only act in one of two ways: by resolution at a Council meeting, or through Council officers acting on its behalf.

Most Council decisions are not made at Council meetings. Effective functioning of local government would not be possible if they were. Instead, most decision-making is supported by formal delegations.

Council officers

Council staff can act or make decisions in one of two ways: in accordance with legislation or statutory instruments such as the Local Government Act 1989 (Vic) and the Planning and Environment Act 1987 (Vic), or under Council delegations.

Council delegations

Where Council needs to act through others, the appointment is formalised through a written ‘instrument of delegation’. This delegates powers, duties and functions to Council officers, and in some instances, Special Committees of Council.

Our delegation regime is outlined in Delegation Framework, Policy and Procedures. This document establishes the framework in which Council officers exercise their delegated powers and functions.

Our current instruments of delegation include:

Council to the Chief Executive Officer (s5)

An instrument of delegation was approved by Council on 27 September 2017: s5(PDF, 352KB)

Council to positions in the organisation (s6)

An instrument of delegation was approved by Council on 27 November 2019. This delegation covers a range of powers, duties and functions under specific Acts and regulations where the delegation must be from the Council direct to the position, rather than through a sub delegation from the Chief Executive Officer: s6(PDF, 6MB)

Chief Executive Officer to various positions in the organisation (s7)

An instrument of delegation was approved by the Chief Executive Officer on 13 December 2019. This sub delegation also covers powers, duties and functions under a wide range of Acts and regulations, and a range of miscellaneous (i.e. non statutory) items: s7(PDF, 4MB)

Municipal Building Surveyor to municipal building officers in the organisation (s12)

The instrument of delegation and authorisation by the Municipal Building Surveyor (MBS) (S12) is a separate instrument which is intended to be used by the MBS to delegate their powers, functions and duties under the Building Act 1993 (Vic), Domestic Building Contracts Act 1995 (Vic) and Building Regulations 2006, and authorise persons to exercise their powers under certain parts of the Building Act. This instrument is dated 23 April 2019.

This instrument of delegation can be viewed at Council’s Kyneton office during business hours.

Chief Executive Officer to various positions in the organisation (s13)

A new instrument of delegation was approved by the Chief Executive Officer on 13 December 2019. Many of the powers, duties and functions relate to operational matters connected with Council elections: s13(PDF, 3MB)

Chief Executive Officer to various positions in the organisation (s14) (VicSmart)

An instrument of delegation was approved by the Chief Executive Officer on 13 December 2019 specifically in relation to the Planning and Environment Act which enables lower level planning applications to be processed under the VicSmart system. VicSmart is a short planning permit assessment process designed for applications that are considered to be simpler and more straightforward: s14(PDF, 979KB)

Special Committees

Council has delegated powers, duties and functions to a number of Special Committees in accordance with sections 86 and 87 of the Local Government Act:

Submitters Committee

On 27 November 2019, Council established the Submitters Committee and approved an instrument of delegation to the committee to hear from: people in support of written submissions lodged in accordance with section 223 of the Local Government Act, objectors and submitters to planning applications, and planning permit applicants and/or land owners in relation to planning permit applications: c4(PDF, 306KB)

Reserve Committees of Management

Council has delegated powers duties and functions to three Special Committees to manage the following reserves in the shire:

 

These instruments of delegation represent Council’s ‘register of delegations’.

To view the original signed and sealed instruments, contact the Governance unit via governance@mrsc.vic.gov.au or (03) 5422 0333.

Delegations are updated when legislation is amended.