National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)Chapter 9 : Miscellaneous79. Delegation and assignment |
| (1) | The Minister or MEC, respectively, may delegate or assign to an official in their respective departments any power or duty conferred on the Minister or MEC, by or under this Act, except— |
| (a) | the power conferred on the Minister or MEC, respectively, by section 7(2) or (3), 8(1), 14, 18, 19, 28, 69 or 70; or |
| (b) | the duty imposed on the Minister by section 6 or 7(1). |
| (2) | The Minister or MEC must regularly review and, if necessary, amend or withdraw a delegation or assignment under subsection (1). |
| (3) | A delegation or assignment to an official under subsection (1)— |
| (a) | is subject to such limitations and conditions as the Minister or MEC may impose; |
| (b) | may either be to a specific official or to the holder of a specific post in the relevant department; |
| (c) | may authorise that official to subdelegate or further assign, in writing, the power or duty to another official in the Department, or to the holder of a specific post in the Department; |
| (d) | does not prevent the exercise of that power or the performance of that duty by the Minister or MEC; and |
| (e) | does not divest the Minister or MEC of the responsibility concerning the exercise of the delegated power or the performance of the assigned duty. |
| (4) | The Minister or MEC may confirm, vary or revoke any decision taken by an official as a result of a delegation or subdelegation under this section, subject to any rights that may have become vested as a consequence of that decision. |