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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

 

(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(e) may be withdrawn by the MEC.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(c) may be withdrawn by the provincial head of department.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]