Department of Environment, Climate Change and Water v November Foxtrot Sierra Pty Limited [2011] NSWLC 39

Department of Environment, Climate Change and Water v November Foxtrot Sierra Pty Limited [2011] NSWLC 39

The Ministerial power to delegate under section 377 of the Water Management Act 2000 is unqualified and broad; therefore, describing delegates by reference to levels of staff within the Department falls within the power to delegate to 'any person' and is lawful despite section 49 of the Interpretation Act 1987 not requiring specification of names or titles in this context.

Jurisdiction
Australia
Judgment Date
28 February 2011
Procedural Posture
Criminal / Preliminary Point of Law
Outcome
The delegation made by the Minister in 2004 under the Water Management Act was lawful.
Legal Topics
['delegation of Statutory Powers' 'validity of Instruments of Delegation' 'water Administration Ministerial Corporation']
['administrative Law' 'statutory Interpretation'] ['delegation of Statutory Powers' 'validity of Instruments of Delegation' 'water Administration Ministerial Corporation']

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Procedural Posture

Criminal / Preliminary Point of Law

Legal Issues

  1. 1 ["Whether the Minister's 2004 delegation under the Water Management Act was lawful under section 49 of the Interpretation Act 1987"]

Ratio Decidendi

The Ministerial power to delegate under section 377 of the Water Management Act 2000 is unqualified and broad; therefore, describing delegates by reference to levels of staff within the Department falls within the power to delegate to 'any person' and is lawful despite section 49 of the Interpretation Act 1987 not requiring specification of names or titles in this context.

Court Disposition

The delegation made by the Minister in 2004 under the Water Management Act was lawful.

Orders

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