PLANNING AND DEVELOPMENT ACT 2005 - SECT 16
PLANNING AND DEVELOPMENT ACT 2005 - SECT 16
16 . Delegation by Commission
(1) The Commission
may, by resolution, delegate to a person or body referred to in subsection (3)
any function of the Commission under this Act or any other written law, except
this power of delegation.
(2) A resolution
referred to in subsection (1) takes effect when notice of the resolution is
published in the Gazette .
(3) A delegation under
subsection (1) may be made to —
(a) a
member or associate member; or
(b) a
committee established under Schedule 2, or a member of such a committee; or
(c) an
officer of the Commission; or
(d) a
public authority or a member or officer of a public authority; or
(e) a
local government, a committee established under the Local Government Act 1995
or an employee of a local government.
(4) The reference to
functions in subsection (1) extends, without limitation or restriction, to all
of the powers, privileges, authorities, discretions, duties and
responsibilities vested in or imposed on the Commission by this Act or any
other written law.
(5) Without limiting
the generality of subsection (1), where the Commission has delegated its
functions under section 14(i) and (l), the delegation includes, subject to the
instrument of delegation, a delegation of every function of the Commission
under Part 4.
(6) Except as provided
in subsection (7A), a delegate must not further delegate any function.
(7A) If the Commission
delegates a function of the Commission to the Metropolitan Redevelopment
Authority established under the Metropolitan Redevelopment Authority Act 2011
, the Authority may subdelegate the exercise or performance of the function to
any land redevelopment committee established under that Act.
(7B) A subdelegation
under subsection (7A) takes effect when notice of the subdelegation is
published in the Gazette .
(7C) Subsections (4),
(5) and (7) and the Interpretation Act 1984 sections 58 and 59 apply to a
subdelegation of a function under this section in the same way as they apply
to a delegation of a function.
(7D) A subdelegate
must not further delegate any function subdelegated under subsection (7A).
(7) A delegate
exercising or performing a function as authorised under this section is to be
taken to do so in accordance with the terms of the delegation unless the
contrary is shown.
(8) Nothing in this
section limits the ability of the Commission to act through an officer or
agent.
(9) This section does
not apply to the execution of documents but authority to execute documents on
behalf of the Commission can be given under section 24.
(10) This section does
not affect the operation of section 171B.
[Section 16 amended: No. 28 of 2010 s. 42; No. 45
of 2011 s. 141(2) and (3).]