Part 4Administration
41Delegation of Minister's powers and functions
Subject to subsection (2), the Minister may from time to time delegate any of his powers and functions under this Act (except this power of delegation) to the Director-General, or to any other officer or officers of the Department specified by the Minister, either in respect of matters within his jurisdiction generally, or in any particular case or matter, or any particular class of cases or matters, or in respect of any national park or parks.
The Minister shall not delegate—
- his powers and functions under sections 7, 10, and 12; or
- his power to consent to any action of the Director-General taken under this Act where that consent is required by this Act; or
- his power to make bylaws under section 56.
The officer or officers referred to in subsection (1) may be an officer or officers referred to by name or the officer or officers who for the time being and from time to time hold specified positions in the Department.
Subject to any general or special directions given or conditions attached by the Minister, any officer to whom any power or function has been so delegated may exercise that power or perform that function in the same manner and with the same effect as if it had been directly conferred on that officer by this Act and not by delegation.
Every officer purporting to act under any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting within the terms of that delegation.
Any such delegation may at any time be revoked by the Minister in whole or in any part, but that revocation shall not affect in any way anything done under the delegated authority before the revocation.
No such delegation shall prevent the exercise by the Minister himself of any of the powers and functions conferred on him by this Act.