Environment Protection and Biodiversity Conservation Act 1999

The Minister may, by signed instrument, delegate any or all of his or her powers or functions to which subsection (2) applies to:

the Great Barrier Reef Marine Park Authority; or

the Chief Executive Officer of the Great Barrier Reef Marine Park Authority; or

a member of the staff of the Great Barrier Reef Marine Park Authority.

For the purposes of subsection (1), this subsection applies to a power or function if:

the exercise of the power or performance of the function relates (including in a way described in subsection 7(1A) of the Great Barrier Reef Marine Park Act 1975) to the Great Barrier Reef Marine Park; or

the exercise of the power or performance of the function is incidental to a matter that relates (including in a way described in subsection 7(1A) of the Great Barrier Reef Marine Park Act 1975) to the Great Barrier Reef Marine Park.

If a power or function is delegated to the Great Barrier Reef Marine Park Authority under this section, the Authority may sub‑delegate the power or function under section 47 of the Great Barrier Reef Marine Park Act 1975.

Despite subsection (1), the Minister must not delegate under that subsection a power or function under Part 17 (Enforcement) to a person mentioned in paragraph (1)(c) unless the person:

is an SES employee or an acting SES employee; or

holds, or is acting in, an Executive Level 1 or 2, or equivalent, position.

In exercising a power or performing a function under a delegation, the delegate must comply with any directions of the Minister.

This section does not limit the Minister’s power of delegation under section 515 or 515AAA.