Where a request for delegation of the Minister's powers under s 6(2) of the Aboriginal Heritage Act 1988 (SA) has been made by traditional owners, the Minister's exercise of power under s 23 to grant an authorisation is conditioned on observance of procedural fairness in relation to that delegation request. A breach of procedural fairness in that context will invalidate the s 23 authorisation. Section 6(3)(f), which preserves the Minister's power to act personally notwithstanding a delegation, applies only to delegations under s 6(1) and not to mandatory delegations to traditional owners under s 6(2). The Minister is not required to make a s 12 determination before granting a s 23 authorisation.
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