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National Radioactive Waste Disposal Institute Act, 2008 (Act No. 53 of 2008)

Chapter 2 : National Radioactive Waste Disposal Institute

15. Delegation and assignment by board

 

1) Subject to subsections (2), (3), (4) and (5), the board may, by resolution, delegate any power and assign any duty conferred or imposed on it by this Act, to its chairperson or a committee of the board.

 

2) The board is not divested of any power or relieved of any duty it so delegated or assigned.

 

3) A delegation or an assignment—
a) may be made subject to such conditions as may be determined by the board;
b) may be given together with the power to subdelegate or further assign, subject to such conditions as may be determined by the board;
c) must be communicated to the delegatee or assignee in writing.

 

4) The written communication in terms of subsection (3)(c)—
a) must contain full particulars of the matters being delegated or assigned and of the conditions determined in terms of subsection (3)(a); and
b) if the power of subdelegation or further assignment is conferred, must state that fact and any conditions determined in terms of subsection (3)(b).

 

5) The board may, by resolution—
a) amend or revoke a delegation or assignment made in terms of subsection (1);
b) withdraw any decision, other than a decision which confers a right or entitlement on any third party, made by the delegatee or assignee with regard to a delegated or assigned matter, and decide the matter itself.

 

6) The Minister may, by notice in the Gazette—
a) prohibit the delegation by the board of any particular power or its assignment of any particular duty, whether generally or in the circumstances specified in the notice;
b) limit the circumstances in which any particular power or duty of the board may be delegated, subdelegated, assigned or further assigned;
c) prescribe conditions for the delegation of any particular power or assignment of any particular duty.