MINING ACT 1978 - SECT 12

MINING ACT 1978 - SECT 12

12 .         Delegation

        (1)         The Minister may —

            (a)         by instrument in writing delegate any of his powers and functions (except this power of delegation) to —

                  (i)         any officer of the Department; or

                  (ii)         the person for the time being occupying a position in the Department,

                being an officer named or a position specified in the instrument of delegation; and

            (b)         vary or revoke a delegation given by him.

        (2)         Any delegation of a power or function under this section by the Minister ceases to have effect upon the appointment (other than in the capacity of an acting Minister) of another person to be the Minister for the purpose of this Act.

        (3)         A power or function delegated by the Minister under this section —

            (a)         shall, if exercised or performed, be exercised or performed in accordance with the instrument of delegation; and

            (b)         may, if the exercise of the powers or the performance of the functions is dependent upon the opinion, belief or state of mind of the Minister in relation to a matter — be exercised upon the opinion, belief or state of mind of the delegate in relation to that matter.

        [Section 12 amended: No. 100 of 1985 s. 6.]