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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

89. Delegation by Minister

 

(1) The Minister may delegate any power or duty assigned to the Minister in terms of this Act to—
(a) the Director-General or to other officials in the Department;
(b) an MEC, by agreement with that MEC; or
(c) any other organ of state, statutory functionary, traditional council or management authority of a special management area, by agreement with that organ of state, statutory functionary, traditional council or management authority.

 

(2) A delegation in terms of subsection (1)—
(a) is subject to any limitations, conditions and directions the Minister may impose;
(b) is subject to consultation with the relevant MEC if the organ of state to whom the power or duty is delegated is a municipality;
(c) must be in writing;
(d) may include the power to subdelegate; and
(e) does not divest the Minister of the responsibility concerning the exercise of the power or the performance of the duty.

 

(3) The Minister must give notice in the Gazette of any delegation of a power or duty to an MEC, an organ of state, a statutory functionary, a traditional council or a management authority of a special management area.

 

(4) The Minister may confirm, vary or revoke any decision made taken in consequence of a delegation or subdelegation in terms of a provision of this Act or of a statute repealed by this Act.

 

(5) The Minister—
(a) may not delegate a power or duty vested in the Minister—
(i) to make regulations;
(ii) to publish notices in the Gazette; and
(iii) [Subsection (5)(a)(iii) deleted by section 52 (a) of Act No. 36 of 2014];
(b) may withdraw by notice in writing any delegation made in terms of a provision of this Act.

[Subsection (5)(b) substituted by section 52(b) of Act No. 36 of 2014]