National Environmental Management Act, 1998 (Act No. 107 of 1998)Chapter 9 : Administration of Act and Specific Environmental Management Acts42. Delegation of powers and duties by Minister and Director-General |
| (1) | The Minister may delegate a power, or duty vested in him or her in terms of this Act or a specific environmental management Act to— |
| (a) | the Director-General; |
| (b) | and MEC, by agreement with the MEC. |
| (c) | the management authority of a protected area, or |
| (d) | any organ of state, by agreement with that organ of state. |
| (2) | A delegation referred to in subsection (1)— |
| (a) | must be in writing; |
| (b) | may be made subject to conditions; |
| (c) | does not prevent the exercise of the power or the performance of the duty by the Minister himself or herself; |
| (d) | may include the power to subdelegate; and |
| (e) | may be withdrawn by the Minister. |
| (2A) | The Minister must give notice in the Gazette of any delegation of a power or duty to an MEC, the management authority of a protected area or an organ of state. |
| (2B) | The Minister may confirm, vary or revoke any decision taken in consequence of a delegation or subdelegation in terms of this section, subject to any rights that may have accrued to a person as a result of the decision. |
| (2C) | The Minister may not delegate a power or duty vested in the Minister in terms of this Act or a specific environmental management Act— |
| (a) | to make regulations; |
| (b) | to publish notices in the Gazette; |
| (c) | to appoint a member of a board or committee; or |
| (d) | to expropriate private land. |
| (3) | The Director-General may delegate a power, or duty vested in him or her by or under this Act or a specific environmental management Act to— |
| (a) | the holder of an office in the Department; or |
| (b) | after consultation with a provincial head of department, an officer in a provincial administration or municipality. |
| (4) | The Director-General may permit a person to whom a power, or duty has been delegated by the Director-General to delegate further that power, or duty. |
| (5) | A delegation referred to in subsection (3) and the permission referred to in subsection (4)— |
| (a) | must be in writing; |
| (b) | may be made subject to conditions; |
| (c) | do not prevent the exercise of the power or the performance of the duty by the Director-General himself or herself; and |
| (d) | may be withdrawn by the Director-General. |