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Mine Health and Safety Act, 1996 (Act No. 29 of 1996)

Chapter 4 : Tripartite Institutions

46. Mining Qualifications Authority's functions

 

(1) The Mining Qualifications Authority must—
(a) seek registration in terms of the South African Qualifications Act, 1995 (Act No. 58 of 1995), as a body responsible for generating education and training standards and qualifications as contemplated in section 5(1)(a)(ii)(aa) of that Act;

[Section 5(1)(a)(ii)(aa) of the South African Qualifications Authority Act provides for the registration of bodies responsible for establishing educational training standards.]

(b) seek accreditation in terms of the South African Qualifications Act, 1995 (Act No. 58 of 1995), as a body responsible for monitoring and auditing achievements as contemplated in section 5(1)(a)(ii)(bb) of that Act;

[Section 5(1)(a)(ii)(bb) provides for the accreditation of bodies responsible for monitoring achievements in terms of standards or qualifications.]

(c) set education and training standards or qualifications to bodies registered with that Authority and responsible for developing education and training standards;
(d) generate education and training standards and qualifications in the mining industry;
(e) monitor and audit achievement in terms of those standards and qualifications; and
(f) perform the functions of a sector education and training authority in terms of the Skills Development Act, 1998 (Act No 97 of 1998).

 

(2) The Mining Qualifications Authority—
(a) may appoint permanent and ad hoc committees, and subcommittees, for any period and on any conditions;
(b) must administer and control its financial affairs in accordance with the Skills Development Act, 1998 (Act no 97 of 1998); and
(c) may do anything necessary to achieve its objectives.

 

(3) The Mining Qualifications Authority may delegate any of its powers or assign any of its duties by or under this Act in accordance with the constitution contemplated in section 97(4).

 

(4) A delegation or an assignment under subsection (3)—
(a) must be in writing;
(b) may be subject to such conditions and restrictions as the Authority may determine; and
(c) does not Prevent the exercise of that power or the performance of that duty by the Authority.

 

(5) In performing its functions, the Mining Qualifications Authority must comply with the policies and criteria formulated by the South African Qualifications Authority in terms of section 5(1)(a)(ii) of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995).