Document ID: chunk:federal_register_of_legislation:C2007C00447:clause:1_28b:p1
Version: federal_register_of_legislation:C2007C00447
Segment Type: clause
Provision Reference: sch 1 cl 28B (pt 1/2)
Character Range: 60774–63358

28B  Variation or revocation of a delegation to body corporate

 (1) If a Land Council delegates some or all of its functions or powers under section 28 to a body corporate, the Council must not vary or revoke the delegation except as set out in this section.

Revocation at request of body

 (2) The body may, in writing, request the Council to revoke the delegation. At the end of the period of 30 days beginning on the day the body made the request, the Council is taken to have revoked the delegation.

Variation to remove functions or powers—application by body

 (3) The body may, in writing, request the Council to vary the delegation to:
 (a) remove specified functions or powers; or
 (b) remove specified functions or powers in relation to specified matters.
At the end of the period of 30 days beginning on the day the body made the request, the Council is taken to have so varied the delegation.

Note: For example, the body may seek to reduce the part of the area of the Council in respect of which the body wants to perform functions or exercise powers.

Variation to add functions or powers—application by body

 (4) The body may, in writing, apply to the Council for a variation of the delegation to:
 (a) apply to all of the Council's functions or powers that are delegable to the body; or
 (b) add specified delegable functions or powers; or
 (c) add specified delegable functions or powers in relation to specified matters.
The Council must, in writing, vary or refuse to vary the delegation.

Note: For example, the body may seek to increase the part of the area of the Council in respect of which the body wants to perform functions or exercise powers.

 (5) If the Council refuses to vary the delegation:
 (a) it must give the body written notice of the refusal including reasons for the refusal; and
 (b) it must give the Minister a copy of the notice.

Note: The body may seek the Minister's agreement to the variation: see section 28C.

 (6) If the Council has neither varied nor refused to vary the delegation within the period worked out in accordance with the regulations, or such longer period as is agreed by the Minister, the Council is taken, at the end of that period, to have refused to vary the delegation.

Note: The body may seek the Minister's agreement to the variation: see section 28C.

 (7) The Council must give the body written notice of any longer period agreed by the Minister.

Variation or revocation with Minister's approval

 (8) The Council may, by notice in writing, seek the Minister's approval to vary or revoke the delegation.