South Australian Numbered Acts

ENVIRONMENT PROTECTION (MISCELLANEOUS) AMENDMENT ACT 2005 (NO 21 OF 2005) - SECT 17

17—Insertion of Part 3 Division 1A

After Part 3 Division 1 insert:

Division 1A—Administering agencies

18A—Administering agencies

        (1)         The following bodies are, in addition to the Authority, administering agencies for the purposes of this Act:

            (a)         councils declared to be administering agencies by the Minister by notice in the Gazette;

            (b)         any other public authorities prescribed by regulation as administering agencies.

        (2)         The Minister may only declare a council to be an administering agency at the request of the council.

        (3)         The Minister may, if the Minister thinks fit after consultation with the council, and must at the request of the council, by subsequent notice in the Gazette, declare that a council that is an administering agency will cease to be an administering agency on a day specified in the notice.

18B—Powers and functions of administering agencies

        (1)         An administering agency that is a council has the function of administering and enforcing this Act in relation to activities in its area other than—

            (a)         prescribed activities of environmental significance or activities undertaken at the same place as a prescribed activity of environmental significance;

            (b)         activities undertaken by the Crown, the council or another public authority or a prescribed person or body;

            (c)         any other activities prescribed by regulation for the purposes of this subsection.

        (2)         An administering agency, other than the Authority or a council, has the function of administering and enforcing this Act in relation to activities prescribed by regulation (subject to any conditions specified in the regulations) other than prescribed activities of environmental significance or activities undertaken at the same place as a prescribed activity of environmental significance.

        (3)         The conferral of a function on an administering agency under subsection (1) or (2) is not to be taken to limit or affect the performance of that function by the Authority.

        (4)         A reference in this Act to an administering agency is, in relation to an administering agency other than the Authority, a reference to the administering agency only in relation to functions conferred on the administering agency under this section.

18C—Delegation

        (1)         An administering agency, other than the Authority, may, by instrument executed by the administering agency, delegate a function conferred on the administering agency under this Division to—

            (a)         a committee of the administering agency; or

            (b)         a subsidiary of the administering agency; or

            (c)         an employee of the administering agency; or

            (d)         the employee of the administering agency for the time being occupying a particular office or position; or

            (e)         an authorised officer.

        (2)         A delegation under this section may be given subject to conditions specified in the instrument of delegation.

        (3)         A delegation under this section is revocable at will and does not prevent the administering agency from acting in any matter.

18D—Reports by administering agencies

An administering agency must report to the Authority, at such intervals as the Authority requires, on the performance by the administering agency of functions conferred on the administering agency under this Division.