Division 1(1) The Minister may constitute a board of management for the whole or any part of New South Wales.(2) A board of management may exercise, in respect of the area for which it is constituted, such of the functions of the Minister or of the Director-General as are delegated to it under this Act.(3) The regulations may provide for the constitution of a board of management and may regulate, or provide for the regulation of, its procedure.
(1) The Director-General may appoint any person (including a member of a class of persons) as an inspector for the purposes of this Act.(2) An appointment may (but does not have to) be subject to conditions, limitations or restrictions or only for limited purposes.(3) If an appointment is subject to conditions, limitations or restrictions or only for limited purposes, nothing in this Act authorises or requires the inspector to act in contravention of the conditions, limitations or restrictions or for other purposes.
(1) Every inspector is to be provided with a card identifying him or her as an inspector.(2) In the course of exercising the functions of an inspector under this Act, the inspector must, if requested to do so by any person affected by the exercise of any such function, produce his or her identification card to the person.
361B Extraterritorial exercise of functions
(1) The Minister may enter into an arrangement with a Minister of another State or Territory providing for the exercise, in another State or Territory, by officers of that State or Territory of functions under this Act or the regulations.(2) An officer of another State or Territory may, in accordance with any such arrangement, exercise functions under this Act, but only to the extent that the matters concerned relate to the administration or enforcement of this Act or such other legislation, if any, as may be prescribed.
362 Exclusion of personal liability
An act or omission of:(a) the Minister or the Director-General, or(b) a member of staff of the Department, or(c) a body constituted under this Act, a member of any such body or a member of staff of any such body, or(d) an authorised person within the meaning of Division 3 of Part 11, or(e) a person acting under the direction of a person or body referred to in paragraph (a), (b), (c) or (d),does not subject the Minister, the Director-General, or any such member or member of staff or any person so acting, personally to any action, liability, claim or demand if the act or omission was done or omitted in good faith and for the purpose of executing this Act.
363 Delegation of functions by Minister, Director-General or mining registrar
(1) The Minister may delegate any of the following functions (except this power of delegation) of the Minister to any person:(a) any function under this Act,(b) any function under the Environmental Planning and Assessment Act 1979.(2) The Director-General may delegate any function under this Act (except this power of delegation or any function delegated to the Director-General by the Minister) to any person.(2A) A mining registrar may delegate any function under this Act or the regulations (except this power of delegation or any function delegated to the mining registrar by the Minister or the Director-General) to a deputy mining registrar.(3) A reference in this section to a function under this Act includes a reference to a function under the regulations and a function under a condition of an authority, a mineral claim or an opal prospecting licence.
364 Minister etc not to be holder of an authority, mineral claim or opal prospecting licence
(1) Neither the Minister nor any person employed in the Department may be the holder of an authority, a mineral claim or an opal prospecting licence.(2) This section does not prevent the Director-General from being the holder, on behalf of the Crown, of an exploration licence for an allocated mineral in respect of land within a mineral allocation area.
(1) A person must not disclose any information obtained in connection with the administration or execution of this Act, unless the disclosure is made:(a) with the consent of the person from whom the information was obtained, or(b) in connection with the administration or execution of this Act, or(c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or(d) (Repealed)(e) with the concurrence of the Minister, or(f) in accordance with a requirement imposed under the Government Information (Public Access) Act 2009, or(g) by an inspector or a member of staff of the Department to an officer or authority engaged in administering or executing the environment protection legislation, the Environmental Planning and Assessment Act 1979, work health and safety legislation or any other legislation prescribed by the regulations.(2) A person employed in the Department must not use for the purposes of personal gain any information obtained in connection with the administration or execution of this Act.Maximum penalty: 100 penalty units.