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Forest and Rural Fires Act 1977  052
Commenced: 1 Apr 1979
I: Fire Control Organisation
Fire Authorities
11   Fire Authority in State areas




   11. Fire Authority in State areas---(1) The Fire Authority of each
 State area shall be the Minister [of Conservation].

   (2) The Minister [of Conservation] may from time to time, by writing
 under his hand, either generally or particularly, delegate to the
 Director-General [of Conservation] or to [any officer or employee of the
 Department of Conservation] all or any of his powers as Fire Authority
 in respect of the area, but not the power to delegate under this
 section.

   [(2A) Any delegation made by the Minister of Conservation under this
 section may be made to the holder or holders for the time being of a
 specified office or class of office.]

   (3) Subject to any general or special directions given or conditions
 attached by the Minister [of Conservation], the Director-General [of
 Conservation] [or officer or employee of the Department of Conservation]
 may exercise any powers delegated to him as aforesaid in the same manner
 and with the same effect as if they had been conferred on him directly
 by this section and not by delegation.

   (4) Where the Director-General [of Conservation] or [any officer or
 employee of the Department of Conservation] purports to act pursuant to
 or in accordance with any delegation under this section, whether in his
 own name or in the name of the Minister [of Conservation], he shall be
 presumed to be acting in accordance with the terms of the delegation in
 the absence of proof to the contrary; and in any case of doubt the
 Minister [of Conservation] may ratify the action of the Director-General
 [of Conservation] [or officer or employee of the Department of
 Conservation].

   (5) Every such delegation shall be revocable at will, and no such
 delegation shall prevent the exercise of any power by the Minister [of
 Conservation].

   (6) Unless and until any such delegation is revoked, it shall continue
 in force according to its tenor. In the event of the Minister [of
 Conservation] by whom any such delegation has been made ceasing to hold
 office, it shall continue to have effect as if made by the person for
 the time being holding office as Minister [of Conservation]; and, in the
 event of the Director-General [of Conservation] [or officer or employee
 of the Department of Conservation] to whom any such delegation has been
 made ceasing to hold office, it shall continue to have effect as if made
 to the person for the time being holding the office or, if there is no
 holder of the office or if the holder of the office is absent from duty,
 to the person for the time being directed under [the State Sector Act
 1988] or any other authority to act in the place of the holder of the
 office.
     Cf. 1955, No. 44, s. 11

       In subss. (1)-(6) the words ``of Conservation'' were inserted
     after the words ``Minister'' and ``Director-General'' by s. 65 (1)
     of the Conservation Act 1987.
       In subss. (2) and (4) the words ``any officer or employee of the
     Department of Conservation'' were substituted for the former words
     by s. 5 (1) (a) of the Forest and Rural Fires Amendment Act 1987.
       Subs. (2A) was inserted by s. 5 (2) of the Forest and Rural Fires
     Amendment Act 1987.
       In subss. (3), (4), and (6) the words ``or officer or employee of
     the Department of Conservation'' were substituted for the former
     words by s. 5 (1) (b) of the Forest and Rural Fires Amendment Act
     1987.
       In subs. (6) the reference to the State Sector Act 1988 was
     substituted for a reference to the State Services Act 1962 by s. 90
     (a) of the State Sector Act 1988.
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