Nuclear Energy Act, 1999 (Act No. 46 of 1999)

Chapter V General Provisions

55. Delegations and Assignments by Minister

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1)The Minister may delegate any power and assign any function conferred or imposed upon the Minister in terms of this Act, except the power to make regulations, to the Director-General of the Department of Minerals and Energy, who may subdelegate or reassign any delegated power or assigned function in the circumstances and manner as prescribed.

 

2)The Minister may assign any institutional obligation to the Corporation or any statutory or other body, which has the capacity to fulfil the Republic’s responsibilities with regard thereto.

 

3)A delegation or assignment under subsection (1) or (2) must be in writing and may be subject to any conditions or limitations determined by the Minister.

 

4)The Minister will not be divested of any power nor be relieved of any function or duty that the Minister may have delegated or assigned.

 

5)The Minister may at any time-
a)amend or revoke a delegation or assignment made under subsection (1) or (2);
b)withdraw any decision made by the delegatee or assignee with regard to a delegated or assigned matter, and decide the matter himself or herself. However, a decision made by a delegatee or assignee may not be withdrawn where it confers a right or entitlement on any third party.