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National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)

Chapter 5 : South African National Parks

Part 3 : Operating procedures of Board

71. Delegation of powers and assignment of duties

 

(1) When necessary for the proper performance of its functions the Board may delegate any of its powers or assign any of its duties, excluding those mentioned in subsection (2), to—
(a) a Board member;
(b) a committee referred to in section 70; or
(c) a staff member of South African National Parks.

 

(2) The following powers and duties may not be delegated or assigned by the Board:
(a) The appointment or reappointment of a person as the Chief Executive Officer in terms of section 72(1) or (2);
(b) the determination of the conditions of service of the Chief Executive Officer in terms of section 72(3);
(c) the determination of an employment policy in terms of section 73(1);
(d) the setting of financial limits in terms of section 73(2)(a) or (3); and
(e) the approval of the budget.

 

(3) A delegation or assignment in terms of subsection (1)—
(a) must be in writing;
(b) is subject to such limitations, conditions and directions as the Board may impose;
(c) does not divest the Board of the responsibility concerning the exercise of the delegated power or the performance of the assigned duty; and
(d) does not prevent the exercise of the assigned power or the performance of the assigned duty by the Board.

 

(4) The Board may confirm, vary or revoke any decision taken in consequence of a delegation or assignment in terms of this section, subject to any rights that may have accrued to a person as a result of the decision.

 

[Section 71 inserted by section 21 of Act No. 31 of 2004]