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Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)

Chapter 7 : General and Miscellaneous Provisions

103. Delegation and assignment

 

(1) The Minister may, subject to such conditions as he or she may impose, in writing delegate any power conferred on him or her by or under this Act, except a power to make regulations or deal with any appeal in terms of section 96, and may assign any duty so imposed upon him or her to the Director-General, the Regional Manager or any officer.

 

(2) The Minister may, in delegating any power or assigning any duty under subsection (1), authorise the further delegation of such power and the further assignment of such duty by a delegatee or assignee.

 

(3) The Director-General the Regional Manager or any other officer to whom a power has been delegated or to whom a duty has been assigned by or under this Act, may in writing delegate any such power or assign any such duty to any other officer.

 

(4) The Minister, Director-General, Regional Manager or officer may at any tune—
(a) withdraw a delegation or assignment made in terms of subsection (1), (2) or (3), as the case may be; and
(b) withdraw or amend any decision made by a person exercising a power or performing a duty delegated or assigned in terms of subsection (1), (2) or (3), as the case may be: Provided that no existing rights of any person shall be affected by such withdrawal and amending of a decision.

[Section 103(4)(b) substituted by section 73 of the Mineral and Petroleum Resources Development Amendment Act, 2008]

 

(5) The Minister, Director-General, Regional Manager or officer is not divested of any power or exempted from any duty delegated or assigned by him or her.