National Water Act, 1998 (Act No. 36 of 1998)

Chapter 6 : General Powers and Duties of Minister and Director-General

Part 1 : Delegations, directives, expropriation, condonation and additional powers

63. Delegation of powers and duties by Minister

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(1)The Minister may, in writing and subject to conditions, delegate a power and duty vested in the Minister in terms of this Act to—
(a)an official of the Department by name;
(b)the holder of an office in the Department;
(c)a water management institution;
(d)an advisory committee established under section 99; or
(e)a water board as defined in section 1 of the Water Services Act, 1997 (Act No 108 of 1997).

 

(2)The Minister may not delegate the power—
(a)to make a regulation;
(b)to authorise a water management institution to expropriate under section 64(1);
(c)to appoint a member of the governing board of a catchment management agency; or
(d)to appoint a member of the Water Tribunal.

 

(3)The Minister may, in writing and subject to conditions, permit a person to whom a power or duty has been delegated to delegate that function to another person.

 

(4)The Minister may give a directive to the Director-General in relation to the exercise of any of the Director-General's powers or performance of any of the Director-General's duties, including any power delegated to the Director-General.

 

(5)The Director-General must give effect to a directive in terms of subsection (4).