Legislative Framework
Councils have certain functions and duties which they must perform, and certain powers which they may exercise, pursuant to the Local Government Act 1999 as well as a range of other Acts. In most cases the relevant Acts grant these obligations and powers directly to the Council. As it is not practical nor 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 Local Government Act 1999 allows a 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. Council may also delegate their powers and functions to a Committee of Council.
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, an officer to whom a delegation has been made may choose not to exercise that delegation and bring a matter direct to Council for direction.
Delegations Register
The Lower Eyre Council Delegations Register has been established to meet Council’s operational requirements and is a record of the powers and functions that have been delegated from Council to the Chief Executive Officer (or a person acting in that capacity). Listed below are the documents that together comprise Council’s Delegations Register.
Burial and Cremation Regulations 2014
Cost of Living Concessions Act 1986
Crown Land Management Act 2009
Disability Inclusion Regulations 2019
Dog and Cat Management Act 1995
Dog and Cat Management Regulations 2017
Electricity (Principles of Vegetation Clearance) Regulations 2021
Electronic Conveyancing National Law (SA) Act 2013
Environment Protection Act 1993
Environment Protection (Air Quality) Policy 2016
Environment Protection (Used Packaging Materials) Policy 2012
Environment Protection Regulations 2023
Environment Protection (Waste to Resources) Policy 2010
Expiation of Offences Act 1996
Fines Enforcement and Debt Recovery Act 2017
Fire and Emergency Services Act 2005
Fire and Emergency Services Regulations 2021
Freedom of Information Act 1991
Freedom of Information (Fees and Charges) Regulations 2018
Heavy Vehicle National Law (schedule to the Heavy Vehicle National Law (South Australia) Act 2013)
Independent Commission Against Corruption Act 2012
Instrument of delegation by the Chief Executive Officer
Labour Hire Licensing Act 2017
Land and Business (Sale and Conveyancing) Act 1994
Landscape South Australia Act 2019
Landscape South Australia (General) Regulations 2020
Landscape South Australia (Water Management) Regulations 2020
Local Government (Building Upgrade Agreements) Regulations 2017
Local Government (Elections) Act 1999
Local Government (Financial Management) Regulations 2011
Local Government (Forestry Reserves) Act 1944
Local Government (General) Regulations 2013
Local Government (Members Allowances and Benefits) Regulations 2010
Local Government (Procedures at Meetings) Regulations 2013
Local Nuisance and Litter Control Act 2016
Local Nuisance and Litter Control Regulations 2017
Natural Resources Management Act 2004
Planning, Development and Infrastructure (Transitional Provisions) Regulations 2017
Planning, Development and Infrastructure Act 2016 - Instrument A
Planning, Development and Infrastructure Act 2016 - Instrument B
Private Parking Areas Act 1986
Roads (Opening and Closing) Act 1991
Road Traffic Act 1961 - Instrument of General Approval and Delegation (dated 22 August 2013)
Road Traffic (Miscellaneous) Regulations 2014
Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014
Safe Drinking Water Regulations 2012
South Australian Public Health Act 2011
South Australian Public Health Act 2011 (Covid-19)
South Australia Public Health (General) Regulations 2013
South Australia Public Health (Legionella) Regulations 2013
South Australia Public Health (Wastewater) Regulations 2013
Supported Residential Facilities Act 1992
Supported Residential Facilities Regulations 2024