Commonwealth Consolidated Acts

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 76

Delegation--except mining

  (1)   The Minister may, in writing, delegate to the Secretary of the Department, or an SES employee or acting SES employee in the Department, any of the Minister's functions or powers under Part   II, III, V, VI, VIA or VII, except those under the following provisions:

  (a)   section   19A (about Land Trusts granting headleases over townships);

  (b)   subsection   65EC(1) (about the Minister appointing a Board member of the NTAI Corporation);

  (c)   subsection   65EH(1) (about acting Board members of the NTAI Corporation);

  (d)   subsection   65EN(1) or (2) (about the termination of the appointment of a Board member of the NTAI Corporation);

  (e)   subsection   65GB(1) (about the appointment of the CEO of the NTAI Corporation);

  (f)   subsection   65GC(1) (about the appointment of an acting CEO of the NTAI Corporation);

  (g)   subsection   65GH(1) (about the code of conduct for the CEO of the NTAI Corporation);

  (h)   subsection   65GI(1) or (2) (about the termination of the appointment of the CEO of the NTAI Corporation);

  (i)   section   65JE, in relation to the making of rules for the purposes of the following provisions:

  (i)   paragraph   65BB(d) (about the conferral of additional functions on the NTAI Corporation);

  (ii)   section   65BH (about the investment limit for the NTAI Corporation);

  (iii)   section   65BI (about loans by the NTAI Corporation);

  (iv)   section   65BJ (about borrowing by the NTAI Corporation);

  (v)   section   65BK (about guarantees given by the NTAI Corporation).

Delegation--mining

  (2)   The Minister may, in writing, delegate to the Northern Territory Mining Minister any of the Minister's functions or powers under Part   IV, except those under these provisions:

  (b)   subsection   43(6) (about determining an extension for negotiation in national interest cases);

  (c)   paragraph   45(b) (about the consent to the grant of a mining interest to an intending miner);

  (d)   subsection   47(1) (about determining whether exploration works should proceed);

  (e)   subsection   47(3) (about determining whether proposed mining works or related activities should proceed);

  (f)   paragraph   48C(1)(a) (about consenting to the application of the Atomic Energy Act 1953 or any other Act in relation to entry to land);

  (g)   subsection   48E(3) (about entry into an agreement on behalf of a Land Council);

  (h)   subsection   48F(1), to the extent that it applies in relation to a request made under subsection   44(4) (about the appointment of a Mining Commissioner in national interest cases);

  (i)   subsection   48G(1) (about tabling Proclamations).

  (3)   If a delegation under subsection   (2) is made, the Northern Territory Mining Minister is taken to have executive authority to perform the delegated functions or exercise the delegated powers.

  (4)   If the Minister delegates the Minister's function under subsection   41(2A) (about deciding extension requests for applications for consent to the grant of an exploration licence) to the Northern Territory Mining Minister, the Northern Territory Mining Minister may, in writing, delegate that function to another person.

  (5)   A function that is performed by a person under a delegation under subsection   (4) is taken, for the purposes of this Act, to have been performed by the Minister.