South Australian Consolidated Acts

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NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 11

11—Powers of delegation

        (1)         The Minister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act, or under any other Act that, in the opinion of the Minister, is relevant to the operation or administration of this Act.

        (2)         A delegation under this section—

            (a)         must be by instrument in writing; and

            (b)         may be absolute or conditional; and

            (c)         does not derogate from the ability of the Minister to act in any matter; and

            (d)         is revocable at will.

        (3)         A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

        (4)         The Minister cannot delegate—

            (a)         the function of making recommendations to the Governor; or

            (b)         the Minister's functions or powers under Chapter 5.

        (5)         A person to whom functions or powers have been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform those functions or exercise those powers must disclose the nature of the interest in writing to the Minister.

Maximum penalty: $20 000.

        (6)         It is a defence to a charge of an offence against subsection (5) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.



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