As a general rule, the primary person or people authorised to act on behalf of a government party in exercising legal rights or fulfilling legal obligations of the government party will be:
• the relevant portfolio Minister, acting under government administrative arrangements or under legislation applicable to the project; or
• the senior public official of the government party, empowered by legislation applying to the entity or the project.
As it can be inconvenient for all functions, rights and powers to be exercised by the Minister or senior public official, certain functions, rights and powers are often delegated to other government party personnel, nominated in the project deed.
Where legislation confers a function, right or power to the Minister or a senior public official the function may only be delegated to another person where the legislation specifically allows for this to occur.