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LAND ADMINISTRATION ACT 1997 - SECT 9

LAND ADMINISTRATION ACT 1997 - SECT 9

9 .         Delegation by Minister

        (1)         Subject to subsections (2) and (3) and to Part 9 and section 273, the Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her delegate to —

            (a)         a public service officer of the Department, being a public service officer named; or

            (b)         a person for the time being holding an office in the Department, being an office specified; or

            (c)         a prescribed person, or a person belonging to a class of prescribed persons, specified,

                in the instrument of delegation, any of his or her powers (other than this power of delegation) or duties under this Act.

        (2)         The Minister may, in accordance with the regulations, delegate under subsection (1) a power conferred or duty imposed by this Act to convey or transfer the fee simple in Crown land.

        (3)         When the Minister delegates a power or duty under subsection (1), that delegation is to be made by instrument published in the Gazette .

        (4)         A power or duty delegated under subsection (1) must, if exercised or performed by the delegate, be exercised or performed in accordance with the instrument of delegation.

        (5)         Nothing in this section prevents or limits the application of sections 58 and 59 of the Interpretation Act 1984 to a delegation made under subsection (1).