21Delegation

#### 21 Delegation 21 Delegation > > (1) The Minister may delegate the exercise of any function of the Minister under this Act (other than this power of delegation) to— > > > > > (a) the Secretary, or > > > > > (b) a person employed in the Department, or > > > > > (c) a board of management, or > > > > > (c1) a state conservation area trust or a regional park trust, or > > > > > (c2) the CEO of the Environment Protection Authority, or > > > > > (c3) a member of staff of the Environment Protection Authority, or > > > > > (d) any person, or any class of persons, authorised for the purposes of this subsection by the regulations. > > > (2) The Secretary may delegate the exercise of any function of the Secretary under this Act (other than this power of delegation) to— > > > > > (a) a person employed in the Department, or > > > > > (b) a board of management, or > > > > > (b1) the CEO of the Environment Protection Authority, or > > > > > (b2) a member of staff of the Environment Protection Authority, or > > > > > (c) any person, or any class of persons, authorised for the purposes of this subsection by the regulations. > > > (3) The power to delegate under subsection (1) or (2) extends to the following functions of the Minister or the Secretary, as the case may be— > > > > > (a) functions conferred or imposed by Acts that substantially provide for the reservation of land under this Act, or the vesting of land in the Minister for the purposes of Part 11 (for example, the [Brigalow and Nandewar Community Conservation Area Act 2005](/view/html/inforce/current/act-2005-056), the [National Park Estate (Reservations) Act 2002](/view/html/inforce/current/act-2002-137) and the [National Park Estate (Southern Region Reservations) Act 2000](/view/html/inforce/current/act-2000-103)), > > > > > (b) functions conferred or imposed by Acts, that are exercisable— > > > > > > > (i) by the Minister as owner or occupier of land, being land acquired, or the subject of other dealings, by the Minister (whether on behalf of Her Majesty or on the Minister’s own behalf) under Part 11, or > > > > > > > (ii) by the Secretary as an occupier of land, being land of which the Secretary has care, control and management under this Act, > > > > > (c) functions conferred or imposed— > > > > > > > (i) on the Minister by section 5.57 (3) of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), or > > > > > > > (ii) on the Secretary by section 14 (1A) of the [Dividing Fences Act 1991](/view/html/inforce/current/act-1991-072), or > > > > > > > (iii) on the Secretary, as an authority, under the [Public Spaces (Unattended Property) Act 2021](/view/html/inforce/current/act-2021-038), or > > > > > > > (iv) on the Secretary by section 36A (3) (d) (ii), 36B (4) (d) (ii) or 36D (3) (d) (ii) of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), or > > > > > > > (v) on the Secretary by section 15 (4) or (5) of the [Plantations and Reafforestation Act 1999](/view/html/inforce/current/act-1999-097), or > > > > > > > (vi) on the Secretary under the [Public Health Act 2010](/view/html/inforce/current/act-2010-127) in relation to burials on land reserved or acquired under this Act, or > > > > > > > (vii) on the Secretary by 100K (1) (b) of the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065), or > > > > > > > (viii) on the Secretary by the [State Records Act 1998](/view/html/inforce/current/act-1998-017), section 25(2), or > > > > > > > (ix) on the Secretary (as an enforcement agency) by or under the [Food Act 2003](/view/html/inforce/current/act-2003-043). > > **s 21:** Am 1980 No 80, Sch 1 (7); 1983 No 183, Sch 2 (7); 1986 No 218, Sch 28, Part 1 (4); 1995 No 101, Sch 4 \[16\]; 1996 No 30, Sch 2.19 \[2\]; 2006 No 120, Sch 1.21 \[2\]; 2008 No 62, Sch 1.16 \[1\]; 2008 No 114, Sch 1.15; 2010 No 38, Sch 1 \[14\]; 2010 No 41, Sch 1 \[3\]; 2010 No 127, Sch 4.16; 2011 No 62, Sch 1.11 \[1\]; 2012 No 42, Sch 1.21 \[1\] \[2\]; 2015 No 58, Sch 3.63 \[7\] \[8\]; 2017 No 17, Sch 2.16 \[7\]; 2021 No 47, Sch 1.1\[6\]–\[8\]; 2022 No 59, Sch 3.46\[3\]; 2023 No 30, Sch 2.3; 2024 No 82, Sch 1.12.