The Court of Appeal refused leave to appeal out of time from an interlocutory decision of Biscoe J in the Land and Environment Court, holding that the three challenges to the validity of a ministerial delegation under the Mining Act 1992 (NSW) were without substance. The Court confirmed that a delegation by a Minister to a named office (Team Leader Eastern Region) is not invalidated by subsequent amendments to the Mining Act, a change in the identity of the Minister, or the fact that the decision was made by a person acting in that office rather than the substantive holder.
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