76Delegation by Minister

#### 76 Delegation by Minister Delegation—except mining (1) The Minister may, in writing, delegate to the Secretary of the Department, or an SES employee or acting SES employee in the Department, any of the Minister’s functions or powers under Part II, III, V, VI, VIA or VII, except those under the following provisions: (a) section 19A (about Land Trusts granting headleases over townships); (b) subsection 65EC(1) (about the Minister appointing a Board member of the NTAI Corporation); (c) subsection 65EH(1) (about acting Board members of the NTAI Corporation); (d) subsection 65EN(1) or (2) (about the termination of the appointment of a Board member of the NTAI Corporation); (e) subsection 65GB(1) (about the appointment of the CEO of the NTAI Corporation); (f) subsection 65GC(1) (about the appointment of an acting CEO of the NTAI Corporation); (g) subsection 65GH(1) (about the code of conduct for the CEO of the NTAI Corporation); (h) subsection 65GI(1) or (2) (about the termination of the appointment of the CEO of the NTAI Corporation); (i) section 65JE, in relation to the making of rules for the purposes of the following provisions: (i) paragraph 65BB(d) (about the conferral of additional functions on the NTAI Corporation); (ii) section 65BH (about the investment limit for the NTAI Corporation); (iii) section 65BI (about loans by the NTAI Corporation); (iv) section 65BJ (about borrowing by the NTAI Corporation); (v) section 65BK (about guarantees given by the NTAI Corporation). Delegation—mining (2) The Minister may, in writing, delegate to the Northern Territory Mining Minister any of the Minister’s functions or powers under Part IV, except those under these provisions: (b) subsection 43(6) (about determining an extension for negotiation in national interest cases); (c) paragraph 45(b) (about the consent to the grant of a mining interest to an intending miner); (d) subsection 47(1) (about determining whether exploration works should proceed); (e) subsection 47(3) (about determining whether proposed mining works or related activities should proceed); (f) paragraph 48C(1)(a) (about consenting to the application of the Atomic Energy Act 1953 or any other Act in relation to entry to land); (g) subsection 48E(3) (about entry into an agreement on behalf of a Land Council); (h) subsection 48F(1), to the extent that it applies in relation to a request made under subsection 44(4) (about the appointment of a Mining Commissioner in national interest cases); (i) subsection 48G(1) (about tabling Proclamations). (3) If a delegation under subsection (2) is made, the Northern Territory Mining Minister is taken to have executive authority to perform the delegated functions or exercise the delegated powers. (4) If the Minister delegates the Minister’s function under subsection 41(2A) (about deciding extension requests for applications for consent to the grant of an exploration licence) to the Northern Territory Mining Minister, the Northern Territory Mining Minister may, in writing, delegate that function to another person. (5) A function that is performed by a person under a delegation under subsection (4) is taken, for the purposes of this Act, to have been performed by the Minister.