Acts Online
GT Shield

Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983)

4. Executive officer and authorized person

 

(1) An officer of the department designated as executive officer by the Minister shall exercise the powers and perform the duties conferred or imposed upon the executive officer by or under this Act or a scheme.

 

(2) The executive officer shall exercise his powers and perform his duties with due regard to any instructions issued by the Minister.

 

(3)
(a) Any power conferred or duty imposed upon the executive officer may be exercised or performed by the executive officer personally or by an officer under a delegation or direction or under the control of the executive officer.
(b) Any decision made or order given by such officer may be withdrawn or amended by the executive officer and shall, until it has been so withdrawn or amended, except for the purposes of this paragraph, be deemed to have been made or given by the executive officer.

 

(4)
(a) Notwithstanding the provisions of subsection (3)(a) the executive officer may in writing authorize an employee of a local authority, or an employee of an irrigation board established by section 79 of the Water Act, 1956 (Act No. 54 of 1956), for a particular irrigation district as defined in that Act, to exercise such powers or perform such duties of the executive officer in terms of this Act as may be specified in such authority, in relation to the combating of weeds and invader plants in the area of jurisdiction of the local authority concerned, or in the irrigation district concerned, as the case may be.
(b) An authority under the definition of "officer" in section 13 of the Weeds Act, 1937 (Act No. 42 of 1937), which has  to the commencement of this section been granted to an employee of a local authority or an irrigation board mentioned in paragraph (a) of this subsection and is at the said commencement still in force, shall be deemed to be an authorization granted in terms of that paragraph.
(c) The provisions of subsection (3)(b) shall mutatis mutandis apply to any decision made or order given by any person who is authorized in terms of paragraph (a) of this subsection or is deemed in terms of paragraph (b) of this subsection to be so authorized.

 

(5) If the Minister deems it expedient for the purposes of the exercise of a power or the performance of a duty conferred or imposed upon himself or the executive officer by or under this Act or a scheme, he may authorize any person who is not an officer to exercise such powers or to perform such duties as the Minister or the executive officer, as the case may be, may grant to or impose upon that person.