Document ID: chunk:federal_register_of_legislation:C2007C00447:clause:1_76
Version: federal_register_of_legislation:C2007C00447
Segment Type: clause
Provision Reference: sch 1 cl 76
Character Range: 127201–129406

76  Delegation by Minister

Delegation—except mining

 (1) The Minister may, in writing, delegate to the Secretary of the Department, or an SES employee or acting SES employee in the Department, any of the Minister's functions or powers under Part II, III, V, VI or VII, except those under section 19A.

Delegation—mining

 (2) The Minister may, in writing, delegate to the Northern Territory Mining Minister any of the Minister's functions or powers under Part IV, except those under these provisions:
 (a) subsection 42(8) (about the consent to the grant of an exploration licence);
 (b) subsection 43(6) (about determining an extension for negotiation in national interest cases);
 (c) paragraph 45(b) (about the consent to the grant of a mining interest to an intending miner);
 (d) paragraph 47(1)(e) (about determining whether the national interest does not require that exploration works should proceed);
 (e) paragraph 47(3)(b) (about determining whether the national interest does not require that mining works or activities should proceed);
 (f) paragraph 48C(1)(a) (about consenting to the application of the Atomic Energy Act 1953 or any other Act in relation to entry to land);
 (g) subsection 48E(3) (about entry into an agreement on behalf of a Land Council);
 (h) subsection 48F(1), to the extent that it applies in relation to a request made under subsection 44(4) (about the appointment of a Mining Commissioner in national interest cases);
 (i) subsection 48G(1) (about tabling Proclamations).

 (3) If a delegation under subsection (2) is made, the Northern Territory Mining Minister is taken to have executive authority to perform the delegated functions or exercise the delegated powers.

 (4) If the Minister delegates the Minister's function under subsection 41(2A) (about deciding extension requests for applications for consent to the grant of an exploration licence) to the Northern Territory Mining Minister, the Northern Territory Mining Minister may, in writing, delegate that function to another person.

 (5) A function that is performed by a person under a delegation under subsection (4) is taken, for the purposes of this Act, to have been performed by the Minister.