74Delegation by the Minister

74 Delegation by the Minister

Functions or powers under this Act etc. (1) The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Act, the decision‑making principles or the rules to the following: (a) the Secretary of the Environment Department; (b) an SES employee, or acting SES employee, in the Environment Department; (c) a person who holds, or is acting in, an Executive Level 1 or 2, or equivalent, position in the Environment Department. (2) Despite subsection (1), the Minister must not delegate the Minister’s functions or powers under the following provisions of this Act: (a) section 23 (which deals with decision‑making principles); (b) section 30 (which deals with the appointment of Advisory Committee members); (c) section 38 (which deals with the termination of appointment of Advisory Committee members); (d) section 76 (which deals with the making of rules). Functions or powers as authorised applicant (3) The Minister may, in writing, delegate all or any of the functions or powers the Minister has as an authorised applicant for the purposes of Part 4 of the Regulatory Powers Act to the following: (a) the Secretary of the Environment Department; (b) an SES employee, or acting SES employee, in the Environment Department; (c) a person who holds, or is acting in, an Executive Level 1 or 2, or equivalent, position in the Environment Department.

Note: Paragraph 65(2)(a) provides that the Minister is an authorised applicant for the purposes of Part 4 of the Regulatory Powers Act as it applies in relation to the civil penalty provisions of this Act.

Directions to delegates (4) A person exercising powers or performing functions under a delegation under subsection (1) or (3) must comply with any written directions of the Minister.