10:00am to 3:00pm
Council staff involved in making and/or managing delegations and authorisations and other general governance responsibilities; with delegations or authorisations under the Instrument; and with traffic management responsibilities.
This training will address the Instrument of General Approval and Delegation to Councils for the Use of Traffic Control Devices, Road Closure and Granting of Exemptions for Events under the Road Traffic Act 1961 from the Minister for Transport and Infrastructure, dated 22 August 2013 (the Instrument).
- Grants general approvals from the Minister to councils to exercise certain powers, subject to certain conditions;
- Delegates powers from the Minister to councils (being a power to grant approvals, thus enabling councils to grant certain approvals of their own, and a power to declare events, which entails powers to close roads and to grant exemptions from certain Australian Road Rules), subject to certain conditions;
- Permits sub delegation of powers by councils, subject to certain conditions;
- Provides for the appointment by the Chief Executive Officer of authorised for the purpose of discharging powers for which general approval has been granted to a council (‘sub-authorisations’) and for the purpose of discharging powers which the council has delegated authority to exercise;
- Requires a council to identify by resolution one or more persons who is/are, in the opinion of the council, an experienced traffic engineering practitioner for purpose of preparing traffic impact statements;
requires the appointment of an authorised officer for the purpose of endorsing traffic impact statements;
- Involves requirements to notify and seek the concurrence of other parties in certain circumstances (including adjoining councils, the Commissioner of Highways, the Commissioner of Police, and other emergency and traffic-related State Government instrumentalities);
- Refers to external documents and requires councils to comply with those documents; and imposes record-keeping requirements.
Attending this session the participant will understand the following matters as a minimum:
- The nature of the powers which a council is able to exercise under the Instrument, and the conditions and obligations imposed by the Instrument;
- The legal basis upon which a council is able to exercise its various powers under the Instrument;
- The distinction between those powers for which a council is granted general approval, and those powers for which it is the delegate of the Minister;
- The distinction between authorisations (including ‘sub-authorisations’) and subdelegations;
- How to properly document and implement authorisations and subdelegations under the Instrument; and
- Some of the fundamental technical requirements applying to traffic control devices.
Presenters: Dale Mazzachi from Norman Waterhouse Lawyers and TBA consultant from DPTI
Dale is a member of the Norman Waterhouse Local Government Governance and Regulatory Services Team and specialise in advice relating to the Local Government Act 1999. Dale advises Councils on their governance, administrative and regulatory requirements under a variety of State and Federal legislation.