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National Heritage Resources Act, 1999 (Act No.25 of 1999)

Chapter I : System for Management of National Heritage Resources

Part 2 : Constitution, function, powers and duties of heritage resources authorities

26. Delegation of functions or powers of heritage resources authorities

 

(1) Subject to subsection (3), the Minister or MEC, as the case may be, may make regulations to enable a heritage resources authority to delegate in writing any of its functions or powers under this Act to all or any of the following:
(a) In the case of SAHRA, any member of the Council;
(b) in the case of a provincial heritage resources authority, any member of its council;
(c) a committee or any member of a committee;
(d) any employee, heritage inspector, volunteer or other representative of the authority concerned;
(e) specified office bearers or members of a conservation body registered with it in terms of section 25(1)(b);
(f) in the case of SAHRA, a provincial heritage resources authority, provincial government, local authority, and any other authority which shows competence to perform such functions, by agreement with such authority;

in the case of a provincial heritage resources authority, a local authority or any other body which is competent to perform such functions, by agreement with such authority or body.

 

(2) A power delegated under subsection (1), when exercised by the delegate, shall for the purposes of this Act be deemed to be exercised by the heritage resources authority concerned: Provided that a delegate shall be held accountable to the heritage resources authority for all actions performed by him, her or it during the period of delegation.

 

(3) A heritage resources authority may not delegate power to do any of the following:
(a) Delegate any of its functions or powers under this section;
(b) make a recommendation to the Minister or MEC in terms of this Act;
(c) borrow money under section 21(5)(a);
(d) acquire or dispose of real property under section 21(5)(b) or (c); or
(e) adopt any statement of general policy or conservation management plan under section 47.

 

(4) A delegation under this section shall be revocable at will and no such delegation shall prevent the exercise of any power by the heritage resources authority: Provided that the delegation of any power to a provincial heritage resources authority in terms of an agreement under subsection (1)(f) shall only be revoked by SAHRA with the consent of the Minister, after SAHRA has consulted such provincial heritage resources authority.