National Environmental Management Act, 1998 (Act No. 107 of 1998)

Chapter 9 : Administration of Act and Specific Environmental Management Acts

42A. Delegation of powers by MEC

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(1)The MEC of a province may delegate a power or duty vested in or delegated to the MEC in terms of this Act or a specified environmental management Act to—
(a)the head of that MEC’s department:
(b)the management authority of a provincial or local protected area:
(c)a municipality, by agreement with the municipality; or
(d)any provincial organ of state, by agreement with that organ of state.

 

(2)A delegation in terms of 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 MEC personally;
(d)may include the power to subdelegate; and
(e)may be withdrawn by the MEC.

 

(3)The MEC may confirm, vary or revoke and 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.

 

(4)The MEC may not delegate a power or duty vested in the MEC 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.

 

(5)A provincial head of department may delegate a power or duty vested in him or her or delegated to him or her by the MEC in terms of this Act or a specific environmental management Act to the holder of an office in the department.

[Section 42A(5) inserted by section 13 of Act No. 25 of 2014]

 

(6)The delegation in subsection (5)—
(a)must be in writing;
(b)may be made subject to conditions; and
(c)may be withdrawn by the provincial head of department.

[Section 42A(6) inserted by section 13 of Act No. 25 of 2014]