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National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)

Chapter 8 : General Matters

Part 3 : Delegations and exemptions

58. Delegations

 

(1) The Minister or MEC, as the case may be, may delegate or assign to an official in their respective departments—
(a) any power or duty of the Minister or MEC contained in this Act, excluding the power to publish or amend a regulation in terms of section 53 or 54 or a notice in terms of section 7(1), 9(1), 10(1), 18(1), 21(1), 23(1) or 29(1); or
(b) any power or duty reasonably necessary to assist the Minister or MEC in exercising a power or performing a duty of the Minister or MEC.

 

(2) The Minister or MEC must regularly review and, if necessary, amend or withdraw delegation or assignment under subsection (1).

 

(3) A delegation or assignment to an official under subsection (1)—
(a) is subject to such limitations and conditions as the Minister or MEC may impose;
(b) may either be to a specific individual or to the holder of a specific post in the relevant department;
(c) may authorise that official to subdelegate or further assign, in writing, the power or duty concerned to another official in the department, or to the holder of a specific post in the department; and
(d) does not divest the Minister or MEC of the responsibility concerning the exercise of the delegated power or the performance of the assigned duty.

 

(4) The Minister or MEC may confirm, vary or revoke any decision taken by an official as a result of a delegation or subdelegation in terms of this section, subject to any rights that may have become vested as a consequence of the decision.