Victorian Consolidated Legislation

Conservation, Forests and Lands Act 1987 - SECT 11

Delegation of powers and functions

11. Delegation of powers and functions



(1) The Minister may by instrument delegate any of the Minister's powers,
functions or duties (except the powers, functions and duties under Parts 2, 5
and 8 and under section 19 and this power of delegation) conferred or imposed
under this or any other Act as are specified in the instrument to-

   (a)  any employee under the Public Administration Act 2004 or the holder of
        a statutory office within the meaning of that Act; or





   (b)  with the consent of the Minister concerned, any officer, employee or
        servant of the Public Service of the Commonwealth or a State or
        Territory other than Victoria; or

   (c)  any council, board or committee established under a relevant law; or





   (ca) a Catchment Management Authority established under the
        Catchment and Land Protection Act 1994; or

   (d)  the Victorian Plantations Corporation or a member of staff of that
        Corporation; or





   (e)  VicForests or an employee of VicForests.





(2) The Secretary by instrument under seal may delegate any of the Secretary's
powers, functions or duties, (except this power of delegation) conferred or
imposed under this or any other Act as are specified in the instrument to-

   (a)  any employee under the Public Administration Act 2004 or the holder of
        a statutory office within the meaning of that Act; or





   (b)  any officer or employee of whose services the Minister makes use in
        pursuance of this or any other Act; or

   (c)  with the consent of the Minister concerned, any officer, employee or
        servant of the Public Service of the Commonwealth or a State or
        Territory other than Victoria; or

   (d)  any council, board or committee established under a relevant law; or





   (e)  the Victorian Plantations Corporation or a member of staff of that
        Corporation; or





   (f)  VicForests or an employee of VicForests.



(3) A delegation under subsection (1) or subsection (2) may be made to a
particular person or class of persons.

(3A) The Minister may by instrument delegate any of the Minister's powers,
functions or duties under the Coastal Management Act 1995, the
Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the
National Parks Act 1975 or the Wildlife Act 1975 to Parks Victoria or an
employee of Parks Victoria for the purpose of the performance or exercise by
Parks Victoria or an employee of Parks Victoria of that power, function or
duty in the course of carrying out duties under any agreement or arrangement
relating to the management of Crown land by Parks Victoria.

(3AA) The Minister, by instrument, may delegate any of the Minister's powers,
functions or duties under Division 4 of Part 4 of the Water Industry Act 1994
to Parks Victoria or an employee of Parks Victoria for the purpose of the
performance or exercise by Parks Victoria or an employee of Parks Victoria of
that power, function or duty in the course of carrying out duties under any
agreement or arrangement relating to the management of waterways land (within
the meaning of the Water Industry Act 1994) by Parks Victoria.

(3B) The Secretary by instrument under seal may delegate any of the
Secretary's powers, functions or duties under the
Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the
National Parks Act 1975 or the Wildlife Act 1975 to Parks Victoria or an
employee of Parks Victoria for the purpose of the performance or exercise by
Parks Victoria or an employee of Parks Victoria of that power, function or
duty in the course of carrying out duties under any agreement or arrangement
relating to the management of Crown land by Parks Victoria.

(3C) The Secretary, by instrument under seal, may delegate any of the
Secretary's powers, functions or duties under regulations made under section
136, 149 or 184(2) and (3) of the Water Industry Act 1994 to Parks Victoria or
an employee of Parks Victoria for the purpose of the performance or exercise
by Parks Victoria or an employee of Parks Victoria of that power, function or
duty in the course of carrying out duties under any agreement or arrangement
relating to the management of reservoir parks land or waterways land (within
the meaning of the Water Industry Act 1994) by Parks Victoria.

(4) The Minister may by instrument delegate to the Secretary all or any of the
Minister's powers functions or duties under this Act (except the powers,
functions and duties under Parts 2, 5 and 8 and under section 19 and this
power of delegation).

(5) The Minister cannot under subsection (1) or (4) delegate the power under
section 138A(7)(c) of the Land Act 1958 to grant or renew, or approve the
grant or renewal of, a licence for a term exceeding 21 years.

Division 2-Advisory bodies