Planning and Development Act 2005

The Commission may, by resolution, delegate to a person or body referred to in subsection (3) any function of the Commission under this Act or any other written law, except this power of delegation.

A delegation under subsection (1) takes effect on the day after the day on which the resolution is made or on a later day specified in the resolution.

The Commission must publish a copy of a resolution under subsection (1) on a website maintained by, or on behalf of, the Commission (but a failure to do this does not invalidate the delegation).

A delegation under subsection (1) may be made to —

a member; or

a committee established under Schedule 2, or a member of such a committee; or

an officer of the Commission; or

a public authority or a member or officer of a public authority; or

a local government, a committee established under the Local Government Act 1995 or an employee of a local government.

The reference to functions in subsection (1) extends, without limitation or restriction, to all of the powers, privileges, authorities, discretions, duties and responsibilities vested in or imposed on the Commission by this Act or any other written law.

Without limiting the generality of subsection (1), a delegation may be expressed as a delegation of every function of the Commission within a specified class (subject to any specified exceptions).

Except as provided in subsection (7A), a delegate must not further delegate any function.

If the Commission delegates a function of the Commission to the Metropolitan Redevelopment Authority established under the Metropolitan Redevelopment Authority Act 2011, the Authority may subdelegate the exercise or performance of the function to any land redevelopment committee established under that Act.

A subdelegation under subsection (7A) takes effect on the day after the day on which the subdelegation is made or on a later day specified in the terms of the subdelegation.

The Metropolitan Redevelopment Authority must publish a copy of the terms of a subdelegation under subsection (7A) on a website maintained by, or on behalf of, the Authority (but a failure to do this does not invalidate the subdelegation).

Subsections (4), (5) and (7) and the Interpretation Act 1984 sections 58 and 59 apply to a subdelegation of a function under this section in the same way as they apply to a delegation of a function.

A subdelegate must not further delegate any function subdelegated under subsection (7A).

The Commission must consult the Coordinator General before delegating under subsection (1) a function of the Commission in relation to a State development area improvement scheme under —

section 122B; or

a provision of Part 5 as applied under section 122B(1); or

a provision of regulations made under section 258 as applied under section 122B(3).

A delegate exercising or performing a function as authorised under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

Nothing in this section limits the ability of the Commission to act through an officer or agent.

This section does not apply to the execution of documents but authority to execute documents on behalf of the Commission can be given under section 24.

This section does not affect the operation of section 171B.