Delegated Committee for the Port of Port Fairy Terms of Reference

At its Ordinary Meeting of 25 August 2020, the Moyne Shire Council resolved that: 

1.From the date of this resolution, there be established a DelegatedCommittee for the Port of Port Fairy.

2.The purposes of the Delegated Committee are those set out in the schedule to this resolution.

3.The members of the Delegated Committee are:

     3.1 two Councillors appointed by Council; and

     3.2 six industry/community representatives.

4.The Chairperson of the Committee is one of the two Councillors appointed by Council.

5.A quorum for the Committee is a whole number that is an absolute majority, which is the number of members that is greater than half the total number of members of the Delegated Committee.

6.All members of the Delegated Committee have voting rights on theDelegated Committee.

7.There be delegated to the members of the Delegated Committee the powers, duties and functions set out in the attached Instrument ofDelegation (the Instrument).

8.The Instrument:
     8.1 comes into force immediately the common seal of Council is affixed tot he Instrument; and

     8.2 remains in force until Council determines to vary or revoke it.

9.The powers, duties and functions conferred on the members of theDelegated Committee by the Instrument must be exercised in accordance with any guidelines or policies Council may from time to time adopt.

10.The Instrument be sealed. 

Purpose 

To exercise Council's functions and powers and to perform Council's duties in relation to the management, operation and development of the Port of Port Fairy. 

Powers and functions: 

1.to incur expenditure in relation to the Port;

2.to charge priorities and timing of items in the Business Plan in line with current circumstances and needs, providing the total budget is unchanged;

3.to make policy and management decisions consistent with its purpose;

4.to encourage public interest in and support for the use, development and management of the facilities;

5.to make rules for regulating the use of and the changes applicable for such use and the conduct to be observed in the various components of thePort;

6.to carry out any research, investigation, survey or inquiry relative to the existing or proposed facilities within the Port;

7.to review the existing facilities within the Port and keep them under review including the fees and charges;

8.to resolve conflicts where these may occur between any parties using thePort;

9.to publicise and promote interest in the Port;

10.to monitor the approved budget and be responsible for its implementation;

11.to do all the things necessary or convenient to be done for or in connection with the performance of those functions, duties and powers.

Exceptions, conditions and limitations 

The Committee is not authorised by this Instrument to: 

1.enter into contracts, and to incur expenditure, for an amount which exceeds the approved budget;

2.exercise the powers which, by force section 11(2) of the LocalGovernment Act 2020 cannot be delegated.