Environment Protection and Biodiversity Conservation Act 1999

The Minister may, by signed instrument, delegate all or any of his or her powers or functions under this Act to an officer or employee in the Department or to the Director. The delegate is, in the exercise or performance of a delegated power or function, subject to the directions of the Minister.

Despite subsection (1), the Minister must not delegate powers or functions to do the following:

make a declaration under section 33 or suspend, vary or revoke such a declaration;

revoke, under section 35D or 35E, an instrument suspending, varying or revoking a declaration under section 33;

accredit a management or authorisation framework under section 33;

make a declaration under section 36H or suspend, vary or revoke such a declaration;

revoke, under section 36L, an instrument suspending a declaration under section 36H;

enter into a bilateral agreement, or suspend or cancel the effect of a bilateral agreement (whether generally or otherwise), under Division 2 of Part 5;

accredit a management or authorisation framework under section 46;

approve, under section 133, the taking of an action that is a national interest proposal;

make a determination under section 146N or 146P or revoke such a determination;

determine that the taking of an action is a national interest proposal under section 157A;

revoke, under section 157E, a determination that the taking of an action is a national interest proposal;

grant, vary, revoke, or accept the surrender of, a national interest exemption under Division 3 of Part 11;

make, vary, suspend or revoke a bioregional plan under Part 12A;

make a determination under section 177CE or revoke such a determination;

make a determination under section 177CF or revoke such a determination;

grant, vary, revoke, or accept the surrender of, a Part 13 exemption under Division 7A of Part 13;

give a statement of expectations under section 510B;

make, vary or revoke a national environmental standard under Part 19B;

make, vary or revoke a ruling under Part 19C.

The Secretary may, by signed instrument, delegate all or any of his or her powers or functions under this Act to an officer or employee in the Department or to the Director. The delegate is, in the exercise or performance of a delegated power or function, subject to the directions of the Secretary.

The Director may, by sealed instrument, delegate all or any of the Director’s powers or functions under this Act to a person. The delegate is, in the exercise of a delegated power or function, subject to the directions of the Director.

A reference in this section to powers or functions under this Act or a provision of this Act includes powers or functions under the regulations or regulations made for the purposes of the provision.