National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)Chapter 8 : General MattersPart 3 : Delegations and exemptions58. Delegations |
| (1) | The Minister or MEC, as the case may be, may delegate or assign to an official in their respective departments— |
| (a) | any power or duty of the Minister or MEC contained in this Act, excluding the power to publish or amend a regulation in terms of section 53 or 54 or a notice in terms of section 7(1), 9(1), 10(1), 18(1), 21(1), 23(1) or 29(1); or |
| (b) | any power or duty reasonably necessary to assist the Minister or MEC in exercising a power or performing a duty of the Minister or MEC. |
| (2) | The Minister or MEC must regularly review and, if necessary, amend or withdraw delegation or assignment under subsection (1). |
| (3) | A delegation or assignment to an official under subsection (1)— |
| (a) | is subject to such limitations and conditions as the Minister or MEC may impose; |
| (b) | may either be to a specific individual or to the holder of a specific post in the relevant department; |
| (c) | may authorise that official to subdelegate or further assign, in writing, the power or duty concerned to another official in the department, or to the holder of a specific post in the department; and |
| (d) | does not divest the Minister or MEC of the responsibility concerning the exercise of the delegated power or the performance of the assigned duty. |
| (4) | The Minister or MEC may confirm, vary or revoke any decision taken by an official as a result of a delegation or subdelegation in terms of this section, subject to any rights that may have become vested as a consequence of the decision. |