Part 7Administration
57Delegation of powers by Minister
Subject to subsection (1A), the Minister may from time to time, by writing under the Minister's hand, either generally or particularly, and either unconditionally or subject to any conditions the Minister thinks fit, delegate to the Director-General, the Conservation Authority, and any Conservation Board, or any of them, all or any of the Minister's powers and functions under this Act or any other enactment, other than the power of delegation conferred on the Minister by this subsection.
The Minister shall not delegate to the Conservation Authority or to any Conservation Board any of the Minister's powers and functions under Part 5A.
Subject to—
- the conditions (if any) subject to which any power was delegated under subsection (1); and
- any general or special directions given by the Minister,—
Every delegation under subsection (1) shall be revocable at will, and until revoked shall continue in force according to its tenor; and
- if the Minister by whom it was made ceases to hold office it shall continue to have effect as if made by the Minister for the time being:
- subject to paragraph (c), if the Director-General to whom it was made ceases to hold office, it shall continue to have effect as if made to the Director-General for the time being:
- if there is no Director-General for the time being, or if the Director-General is absent from duty, it shall continue to have effect as if made to the person for the time being directed under the Public Service Act 2020 to act in place of the Director-General or to a Deputy Director-General (as the case requires).
In the absence of proof to the contrary, where the Director-General, a Deputy Director-General, or any person directed under the Public Service Act 2020 to act in place of the Director-General purports to act pursuant to a delegation under subsection (1), the action concerned shall be presumed to be in accordance with the delegation.
No delegation under subsection (1) shall affect or prevent the exercise of any power by the Minister.
Notes
- Section 57(1): substituted (with effect on 1 April 1987), on , by section 30(1) of the Conservation Law Reform Act 1990 (1990 No 31).
- Section 57(1A): inserted (with effect on 1 April 1987), on , by section 30(1) of the Conservation Law Reform Act 1990 (1990 No 31).
- Section 57(2): amended (with effect on 1 April 1987), on , by section 30(2) of the Conservation Law Reform Act 1990 (1990 No 31).
- Section 57(3)(c): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
- Section 57(4): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).