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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Chapter 9 : Administration of Act and Specific Environmental Management Acts

42B. Delegation by Minister responsible for mineral resources

 

(1) The Minister responsible for mineral resources may delegate a function entrusted to him or her in terms of this Act to—
(a) the Director-General of the Department responsible for mineral resources;
(b) any officer in the Department responsible for mineral resources; or
(c) any organ of state, by agreement with that organ of state.

[Section 42B(1) substituted by section 33(a) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]

 

(2) A delegation in terms of subsection (1)—
(a) must be in writing;
(b) may be made subject to any condition;
(c) does not prevent the performance of the function by the Minister responsible for mineral resources himself or herself;
(d) may include the power to subdelegate;
(e) may be withdrawn by the Minister responsible for mineral resources, subject to any rights that may have accrued to any person; and

(f)        does not divest the Minister responsible for mineral resources of the responsibility for the performance of the function.

[Section 42B(2)(c) and (d) substituted by section 33(b) and (e) and (f) inserted by section 33(c) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]

 

(3) The Minister responsible for mineral resources may confirm, vary or revoke any 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.

[Section 42B(3) inserted by section 33(d) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]