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Council Minutes - Town of Cambridge

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COUNCIL MINUTES<br />

TUESDAY 28 AUGUST 2012<br />

The prime objective <strong>of</strong> the abovementioned Compliance positions is to administer<br />

compliance and conformity with appropriate Acts, Regulations and Local Laws administered<br />

by the <strong>Town</strong>, and to ensure that the <strong>Town</strong>’s regulatory responsibilities are properly observed<br />

in the community, particularly in relation to town planning and building matters.<br />

The following Building Surveyor commenced employment with the <strong>Town</strong>:<br />

• Mr Sebastian Ravi commenced duty on 14 November 2011.<br />

The prime objective <strong>of</strong> the above mentioned position is to assess building applications to<br />

ensure compliance with the Building Act and Regulations, the Building Code, relevant<br />

Australian Standards and Codes <strong>of</strong> Practice, relevant local laws and the <strong>Town</strong> Planning<br />

Scheme, and to process building permits for signature by the delegated Building Surveyor.<br />

AUTHORISED OFFICERS - THE BUILDING ACT 2011<br />

Following <strong>Council</strong>'s decision at its meeting on 24 April 2012, all <strong>of</strong> the above mentioned<br />

<strong>of</strong>ficers have been delegated as "Authorised Officers" pursuant to section 96 <strong>of</strong> the Building<br />

Act 2011 for the purpose/s <strong>of</strong> S100 Entry Powers, S101 Powers after entry for compliance,<br />

S102 Obtaining information and documents, S103 Use <strong>of</strong> force and assistance, S104<br />

Directions generally and S105 Obstruction <strong>of</strong> authorised persons.<br />

POLICY/STATUTORY IMPLICATIONS:<br />

Authorisations in terms <strong>of</strong> various regulations and the <strong>Town</strong>’s local laws permit Officers to<br />

take enforcement action and issue infringement notices, as well as process various<br />

applications for approval.<br />

The Planning and Development Regulations 2009 which came into operation on 1 July 2009,<br />

includes the provision for a 'designated person' appointed under S234 (1) <strong>of</strong> the Planning<br />

and Development Act 2005 to issue infringement notices for modified penalties (on the spot<br />

fines) for $500 for prescribed <strong>of</strong>fences.<br />

The Act also states that a person who is authorised to issue infringement notices is not<br />

eligible to be a designated person for the purposes <strong>of</strong> any other sections. As a result, it is<br />

also necessary to designate the Chief Executive Officer, the Director Development and<br />

Sustainability and the Manager Compliance (under Section 234(2) <strong>of</strong> the Act) to extend the<br />

period within which a modified penalty may be paid and to withdraw an Infringement Notice<br />

under the Act.<br />

FINANCIAL IMPLICATIONS:<br />

The adoption <strong>of</strong> the provisions to issue infringement notices in accordance with the Planning<br />

and Development Act and Regulations may result in a nominal increase <strong>of</strong> revenue.<br />

.<br />

STRATEGIC DIRECTION:<br />

Authorisation <strong>of</strong> Officers satisfies the Strategic Direction <strong>of</strong> capable and committed staff and<br />

services that meet resident and ratepayer needs by improving delivery and quality <strong>of</strong><br />

services.<br />

H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\AUGUST 2012\B DV.DOCX 103

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