10Delegation by Minister

10 Delegation by Minister

(1)  Subject to subsection (5) , the Minister may delegate any of his or her functions or powers under this Act (except this power of delegation) to any other person.

(2)  A delegation under this section –

(a) is to be by instrument in writing; and

(b) may be absolute or conditional; and

(c) does not derogate from the power of the Minister to act in any matter; and

(d) is revocable by the Minister.

(3)  Where a function or power is delegated under subsection (1) to a water entity, the Minister may make an agreement with that water entity for the reimbursement of the costs incurred by it in performing that function or exercising that power.

(4)  Where the performance of a function or the exercise of a power is dependent on the opinion or belief of the Minister, a delegate may act on his own opinion or belief in performing that function or exercising that power.

(5)  The Minister may not delegate –

(a) the function of making recommendations to the Governor in respect of the making of proclamations; or

(b) [Section 10 Subsection (5) amended by No. 49 of 2002, s. 6, Applied:01 Mar 2003] [Section 10 Subsection (5) amended by No. 33 of 2015, s. 7, Applied:01 Jan 2016] any power conferred under section 11 , 28 , 34(4)(c) or 47 , Division 6 of Part 6 , section 165L(5) , 176(2) , 178(1) , 183(1) , 186(1) , 188(1) , 192 , 206 , 225 or 259(6) ; or