Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 July 1998 to 9 July 1998 (accessed 3 August 2020 at 22:56) Current version
Part 2 Division 6
Division 6 Delegation
23   Delegation
(1)  The Minister, corporation or Director may, by instrument in writing, under seal (in the case of the corporation), delegate any of the Minister’s, the corporation’s or the Director’s functions conferred or imposed by or under this or any other Act as are specified in the instrument to:
(a)  any officer of the Department,
(b)  any officer, employee or servant of whose services the Director makes use in pursuance of this or any other Act,
(c)  any committee or subcommittee established under this Act,
(d)  a council,
(e)  an officer or employee of a council, or
(f)  a Commissioner of Inquiry,
and may, by such an instrument, revoke wholly or in part any such delegation.
(2)  A function, the exercise of which has been delegated under this section, may, while the delegation remains unrevoked, be exercised from time to time in accordance with the terms of the delegation.
(3)  A delegation under this section may be made subject to such conditions or limitations as to the exercise of any of the functions delegated, or as to time or circumstance, as may be specified in the instrument of delegation.
(4)  Notwithstanding any delegation under this section, the Minister, corporation or Director, as the case may be, may continue to exercise all or any of the functions delegated.
(5)  Any act or thing done or suffered by a delegate while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done or suffered by the Minister, corporation or Director, as the case may be, and shall be deemed to have been done or suffered by the Minister, corporation or Director, as the case may be.
(6)  An instrument purporting to be signed by a delegate of the Minister, corporation or Director, in his or her capacity as such a delegate, shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the Minister, corporation or Director, as the case may be, under seal (in the case of the corporation), and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the Minister, corporation or Director, as the case may be, under this section.
(7)  The Director shall cause to be published in the Gazette a notice setting out the details of any instrument referred to in subsection (1), but this subsection does not affect the provisions of subsection (1).
(8)  Nothing in this section authorises the delegation of:
(a)  the power of delegation conferred by this section, or
(b)  any function of the Minister conferred by section 80 (7), 88A, 89, 117 or 118 or by Division 4 of Part 5.
(9)  Any matter or thing done and any contract entered into by a person acting in accordance with a delegation under this section shall not, if the matter or thing was done or the contract was entered into in good faith for the purpose of exercising the function delegated, subject the person to any action, liability, claim or demand.