SOIL AND LAND CONSERVATION ACT 1945 - SECT 7

SOIL AND LAND CONSERVATION ACT 1945 - SECT 7

7 .         Commissioner

        (1)         There shall be appointed under and subject to Part 3 of the Public Sector Management Act 1994 an officer to be designated “The Commissioner of Soil and Land Conservation”.

        (2)         The Commissioner shall give effect to such directions as the Minister or the chief executive officer gives to the Commissioner from time to time with respect to the Commissioner’s functions, powers or duties under this Act, either generally or with respect to a particular matter.

        (3)         The Commissioner shall have and exercise such powers, functions and authorities and shall perform and carry out such duties as are or may be conferred or imposed upon the Commissioner by or under this Act.

        (4)         The Commissioner may, with the approval of the chief executive officer, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Commissioner, delegate to a person any of the Commissioner’s powers or duties under this Act, other than this power of delegation.

        (5)         For the purposes of this Act, the exercise of a power or the performance of a duty by a delegate under this section shall be deemed to be the exercise of the power or the performance of the duty by the Commissioner.

        (6)         A delegation under this section may be made to a specified person or to persons of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.

        (7)         A delegation under this section may —

            (a)         be made subject to such conditions, qualifications and exceptions as are set out in the instrument of delegation;

            (b)         be revoked or varied by instrument in writing signed by the Commissioner.

        (8)         The Commissioner may exercise a power or perform a duty notwithstanding that the Commissioner has delegated its exercise or performance under this section.

        [Section 7 amended: No. 32 of 1955 s. 4; No. 42 of 1982 s. 9; No. 46 of 1988 s. 19; No. 91 of 1990 s. 5; No. 32 of 1994 s. 3(2); No. 19 of 2022 s. 17.]