National Nuclear Regulator Act, 1999 (Act No. 47 of 1999)Chapter 2 : National Nuclear Regulator14. Delegation and assignment by board |
| (1) | Subject to subsections (2), (3), (4) and (5), the board may, by resolution, delegate any power, and assign any duty, conferred or imposed on it by the operation of section 8(1) or (2) or conferred or imposed on it elsewhere by this Act, to its chairperson or a committee of the board. |
| (2) | The board is not divested of any power or relieved of any function it so delegated or assigned. |
| (3) | Such delegation or assignment— |
| (a) | may be made subject to conditions determined by the board; |
| (b) | may, subject to subsection (5), be given together with the power to subdelegate or further assign, subject to conditions determined by the board; |
| (c) | must be communicated to the delegatee or assignee in writing. |
| (4) | The written communication in terms of subsection (3)(c)— |
| (a) | must contain full particulars of the matters being delegated or assigned and of the conditions determined in terms of subsection (3)(a); and |
| (b) | if the power of subdelegation or further assignment is conferred, must state that fact and any conditions determined in terms of subsection (3)(b). |
| (5) | The board may, by resolution— |
| (a) | amend or revoke a delegation or assignment made in terms of subsection (1); |
| (b) | withdraw any decision, other than a decision which confers a right or entitlement on any third party, made by the delegatee or assignee with regard to a delegated or assigned matter, and decide the matter itself. |
| (6) | The Minister may, by notice in the Gazette— |
| (a) | prohibit the delegation by the board of any particular power or its assignment of any particular duty, whether generally or in the circumstances specified in the notice; |
| (b) | limit the circumstances in which any particular power or duty of the board may be delegated, subdelegated, assigned or further assigned; |
| (c) | prescribe conditions for the delegation of any particular power or assignment of any particular duty. |