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Geoscience Act, 1993 (Act No. 100 of 1993)

23. Delegation of powers and assignment of functions

 

(1)        The Board may—

(a) on such conditions as it may determine, in writing delegate to the chairperson or any other member of the Board, the Chief Executive Officer or any other employee of, or holder of an office with, the Council or to a committee established under section 15, any power conferred upon the  Board by or under this Act;
(b) in writing assign to the chairperson or any other member of the Board, the Chief Executive Officer or any other employee of, or holder of an office with, the Council or a committee established under section 15, any function assigned to the Board by or under this Act.

 

(2) The Chief Executive Officer may—
(a) in writing delegate to an employee of, or the holder of an office with, the Council any power conferred upon him or her by or under this Act in his or her capacity as Chief Executive Officer; or
(b) in writing assign to such employee or holder of an office any function assigned to him or her by or under this Act in the said capacity.

 

(3) Any delegation or assignment under subsection (1) or (2) may be made subject to such conditions and restrictions as may be determined by the Board or by the Chief Executive Officer, as the case may be, and may be rescinded or amended by the Board or the Chief Executive Officer, as the case may be.

 

(4) The Board and the Chief Executive Officer shall not be divested of any power or function delegated or assigned under subsection (1) or (2) by the Board or the Chief Executive Officer, and may amend or withdraw any decision made in the exercise of such delegated power or in the performance of a function so assigned.

 

(5) [Subsection (5) deleted by section 23 of Act No. 16 of 2010]

 

(6) Where a power or function is delegated or assigned under subsection (1) or (2) to the holder of an office, such power or function shall be deemed to have been delegated or assigned to the serving holder of such office or to any person acting in his or her stead.

 

(7) The Minister may issue a directive to authorize Council officials to enter any land within the borders of the Republic of South Africa in order to execute the Council's mandate, save where there is prohibition under any other law.

[Subsection (7) inserted by section 23 of Act No. 16 of 2010]

 

(8) The Council official referred to in subsection (7) must, before entering the land in question notify and consult with the land owner or lawful occupier of the land.

[Subsection (8) inserted by section 23 of Act No. 16 of 2010]

 

[Section 23 substituted by section 23 of Act No. 16 of 2010]