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Water Act 2007
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196 Minutes
The Authority must keep minutes of its meetings.
Subdivision B—Decisions without meetings
197 Decisions without meetings
(1) A decision is taken to have been made at a meeting of the Authority if:
(a) without meeting, a majority of the Authority members indicate agreement with the proposed decision in accordance with the method determined by the Authority under subsection (2); and
(b) all the Authority members were informed of the proposed decision, or reasonable efforts were made to inform all the Authority members of the proposed decision.
(2) Subsection (1) applies only if the Authority:
(a) has determined that it applies; and
(b) has determined the method by which Authority members are to indicate agreement with proposed decisions.
(3) Paragraph (1)(a) does not apply to an Authority member who would be prevented by rules in force for the purposes of paragraph 29(2)(c) of the Public Governance, Performance and Accountability Act 2013 from deliberating on the proposed decision at a meeting of the Authority.
198 Record of decisions
The Authority must keep a record of decisions made in accordance with section 197.
Subdivision C—Delegation
199 Delegation by Authority
Delegation by Authority
(1) The Authority may, by writing, delegate any or all of its functions and powers to:
(a) an Authority member; or
(b) an SES employee, or acting SES employee, who is a member of the Authority staff; or
(c) any other member of the Authority staff; or
(d) an individual whose services are made available to the Authority under section 207.
(2) The Authority may, by writing, delegate any or all of its functions and powers to a person who holds, or acts in, an office or position:
(a) with a State or an authority of a State; and
if the State or authority agrees to the delegation.
(3) A delegate under subsection (1) or (2) must comply with any written directions of the Authority.
Sub‑delegation by senior staff of a State or State authority
(4) A person (the delegate) delegated a function or power under subsection (2) may, by writing, sub‑delegate that function or power to another officer or employee (the sub‑delegate) of the State or authority concerned.
(5) A sub‑delegate must comply with any written directions of the delegate.
(6) If the delegate is subject to a direction in relation to the performance of the function or the exercise of the power sub‑delegated under subsection (4), the delegate must give a corresponding direction to the sub‑delegate.
(7) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a sub‑delegation in the same way as they apply to a delegation.
200 Limits on how some functions and powers can be delegated
(1) Section 199 does not apply to a function or power under Subdivision E, F or G of Division 1 of Part 2.
(2) Paragraphs 199(1)(c) and (d) and subsections 199(4) to (7) do not apply to the power to appoint an authorised officer under section 217.
(3) Paragraphs 199(1)(c) and (d) and subsection 199(2) do not apply to a power under section 222D.
Subdivision D—Basin Officials Committee