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National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)

Chapter 11 : General Powers and Duties

Part 3 : Delegations

91. Delegation by MEC's

 

(1) An MEC may delegate any power or duly assigned or delegated to him or her in terms of this Act to—
(a) the head of the provincial lead agency;
(b) any other organ of state, a statutory functionary, a traditional council or a management authority of a special management area, by agreement; or
(c) an official within the MEC's department.

[Subsection (1) substituted by section 53 of Act No. 36 of 2014]

 

(2) A delegation in terms of subsection (1) —
(a) is subject to any limitations, conditions and directions that the MEC may impose;
(b) must be in writing;
(c) may include the power to subdelegate; and
(d) does not divest the MEC of the responsibility concerning the exercise of the power or the performance of the duty.

 

(3) The MEC may confirm, vary or revoke any decision taken as a consequence of a delegation or subdelegation in terms of this section.

 

(4) The MEC—
(a) may not delegate a power or duty vested in the MEC—
(i) to make regulations; or
(ii) to publish notices in the Gazette; or
(iii) to appoint the members of the Provincial Coastal Committee contemplated in section 39; and
(b) may withdraw any delegation by notice in writing.