Urgent planning probe prompts Nillumbik officer authorisations

Council unanimously resolved to authorise staff named in a planning instrument after a report said an investigation required site inspections, but the supplied minutes text does not identify the matter or its location.

Council: Nillumbik Shire Council

Meeting: 27 October 2026

Recorded status: approved


BRIEF

Nillumbik Shire Council unanimously resolved to authorise staff listed in a Planning and Environment Act instrument, according to unconfirmed minutes, after a report said an urgent planning investigation required site inspections and related work. The instrument takes effect when signed by the chief executive officer. The supplied minutes text does not identify the investigation, its location or the staff listed in the attached instrument.


KEY FACTS

- Council resolved to appoint and authorise the staff listed in the Instrument of Appointment and Authorisation under section 147(4) of the Planning and Environment Act 1987.

- The unconfirmed minutes record the resolution as carried unanimously at the 27 October 2026 meeting.

- The instrument takes effect when signed by the chief executive officer and remains in force until Council varies or revokes it; the supplied record does not establish whether or when this instrument was signed.

- Council's report said an urgent planning investigation required relevant officers and contractors to be authorised for site inspections and associated investigative activities.

- The supplied minutes text does not identify the investigation or its location, and does not reproduce the staff list in the attached instrument.


ANALYSIS OF THE RECORD

- The minutes record an adopted resolution, not merely an officer recommendation, and state that it was carried unanimously.

- The resolution makes commencement conditional on the chief executive officer's signature. The supplied record does not establish whether or when this instrument was signed.

- The report describes a need to authorise relevant officers and contractors, but the operative resolution expressly refers to Council staff listed in the instrument. The article does not assert that particular contractors were authorised.


QUESTIONS FOR FOLLOW-UP REPORTING

- What planning investigation prompted the urgent authorisation, and what location or application does it concern?

- Has this instrument been signed by the chief executive officer, and if so, when?

- Which staff and roles are listed in the attached instrument, and does it also cover contractors?


RECORDED NEXT STEPS

- If this instrument has not already been signed, the chief executive officer's signature would be required before it could take effect.

- Once the instrument is in force, the staff it covers may exercise powers as set out in it.

- Once in force, the instrument remains in force until Council varies or revokes it.


SOURCE PASSAGES

The minutes record Council resolving to appoint and authorise the staff listed in the instrument under section 147(4) of the Planning and Environment Act 1987, with the resolution carried unanimously.
"The instrument is subject to regular review and update to ensure it accurately reflects staffing changes as a result of departures and new appointments. Council Resolution MOVED: Cr Kate McKay SECONDED: Cr Grant Brooker That Council in the exercise of the powers conferred by s147(4) of the Planning and Environment Act 1987, resolves that: 1. The Nillumbik Shire Council staff referred to in the Instrument of Appointment and Authorisation (Planning and Environment Act 1987) (Attachment 1) be appointed and authorised as set out in the instrument. 2. The instrument comes into force immediately it is signed by Council's Chief Executive Officer and remains in force until Council determines to vary or revoke it. CARRIED UNANIMOUSLY Attachments 1 ." (CM.113/26 council resolution and outcome)

The instrument takes effect immediately when signed by Council's chief executive officer and remains in force until Council varies or revokes it.
"2. The instrument comes into force immediately it is signed by Council's Chief Executive Officer and remains in force until Council determines to vary or revoke it. CARRIED UNANIMOUSLY Attachments 1 ." (CM.113/26 council resolution, clause 2)

Council admitted the Instrument of Appointment and Authorisation item as urgent business, with that procedural resolution carried unanimously.
"Supplementary and urgent business Council Resolution MOVED: Cr Kate McKay SECONDED: Cr Grant Brooker That Council, in accordance with Clause 57 of the Governance Rule - Meeting Procedures, admit the item of urgent business relating to Instrument of Appointment and Authorisation (Planning and Environment Act 1987). CARRIED UNANIMOUSLY CM.113/26 Instrument of Appointment and Authorisation (Planning and Environment Act 1987) Distribution: Public Manager: Blaga Naumoski, Chief Community and Integrity Officer Author: Kerryn Woods, Manager Governance and Integrity Summary Section 224 of the Local Government Act 1989 provides for the appointment of Authorised Officers for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council." (Supplementary and urgent business, admission of CM.113/26)

The report said a planning investigation required relevant officers and contractors to be authorised for site inspections and associated investigative activities, prompting urgent consideration so the investigation could proceed without delay.
"While these updates are ordinarily presented to Council through routine reporting processes, a planning investigation matter has recently arisen that requires the relevant officers and contractors to be authorised to undertake site inspections and associated investigative activities. It is therefore necessary that Council consider this matter as a matter of urgency to enable the investigation to proceed without delay. Related Council decisions 6. The current Instrument was resolved by Council on 28 July 2026." (CM.113/26 discussion, reason for urgency)

Instruments of Appointment and Authorisation enable Council staff to exercise powers permitted to authorised officers, and appointments under the Planning and Environment Act support day-to-day statutory and operational decisions under that Act.
"2. Instruments of Appointment and Authorisation enable Council staff to exercise powers permitted to authorised officers under legislation or Council local laws. 3. Council subscribes to the Maddocks Authorisations and Delegations service. The appointment and authorisation of officers for the purposes of enforcing the Planning and Environment Act 1987 enables day to day statutory and operational decisions to be made in relation to this Act." (CM.113/26 discussion, purpose of authorised-officer appointments)

The report said the instrument is regularly reviewed and updated to reflect staffing changes, including departures and new appointments.
"4. The proposed Instrument (Attachment 1) is based on the model developed by Maddocks Lawyers and available through the subscription service. 5. The Instrument of Appointment and Authorisation is subject to regular review and update to ensure it accurately reflects staffing changes, including employee departures and new appointments." (CM.113/26 discussion, paragraph 5)

The report said community engagement was not required because the appointment process was a legislative requirement and an administrative function of Council.
"Access, Equity and Inclusion 9. Not applicable. Sustainability implications 10. Not applicable. Community engagement 11. As a legislative requirement and an administrative function of Council, Community engagement is not required." (CM.113/26 community engagement)

The report described appointing authorised officers as an administrative exercise and said no additional resourcing would be required if Council supported and resolved the officer recommendation.
"Not applicable. Budget considerations 14. The appointment of authorised officers is an administrative exercise undertaken by Council Officers. There is no additional resourcing required if Council supports and resolves the officer recommendation." (CM.113/26 budget considerations)


SOURCES

https://nillumbik.infocouncil.biz/RedirectToDoc.aspx?URL=Open/2026/10/CM_27102026_MIN_1513.PDF

https://minutesradar.com/news/nillumbik-infocouncil-council-meeting-27-oct-2026-27-oct-2026-minutes-urgent-planning-probe-prompts-nillumbik-officer-authorisations/


Prepared from public council minutes using automated drafting and checks. No meeting attendance or interviews are implied. Check the original record and seek comment before republishing claims or analysis. Illustrations are generic, not depictions of actual projects.