76ADelegation by Designated Authority

##### 76A Delegation by Designated Authority (1) The Designated Authority, with the approval, in writing, of the Minister, may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Designated Authority: (a) delegate to an officer or employee of the Department that deals with Chapter 5 of the Environment Protection and Biodiversity Conservation Act 1999 and is administered by the Minister administering that Chapter any or all of the powers of the Designated Authority under this Act, other than this power of delegation; or (b) delegate to a State/Territory officer any or all of the powers of the Designated Authority under Division 3 of Part IIA. (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Designated Authority. (3) A delegation under this section does not prevent the exercise of the power by the Designated Authority. (4) If the Designated Authority delegates a power conferred on the Designated Authority by Division 3 of Part IIA to a State/Territory officer, the State/Territory officer may, by writing, sub‑delegate the power to another State/Territory officer. (5) Section 34AA and paragraphs 34AB(a), (b) and (d) of the Acts Interpretation Act 1901 apply in relation to a sub‑delegation in a corresponding way to the way in which they apply to a delegation. (6) Section 34A and paragraphs 34AB(c) and (d) of the Acts Interpretation Act 1901 apply to a sub‑delegation as if it were a delegation. (7) In this section: > State/Territory officer means: (a) a person who holds or performs the duties of an office or position under a law of a State or Territory; or (b) a person who is employed by, or by an authority of, a State or Territory.