| (a) | the Director-General of the Department responsible for mineral resources; |
| (b) | any officer in the Department responsible for mineral resources; or |
| (c) | any organ of state, by agreement with that organ of state. |
[Section 42B(1) substituted by section 33(a) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (2) | A delegation in terms of subsection (1)— |
| (b) | may be made subject to any condition; |
| (c) | does not prevent the performance of the function by the Minister responsible for mineral resources himself or herself; |
| (d) | may include the power to subdelegate; |
| (e) | may be withdrawn by the Minister responsible for mineral resources, subject to any rights that may have accrued to any person; and |
(f) does not divest the Minister responsible for mineral resources of the responsibility for the performance of the function.
[Section 42B(2)(c) and (d) substituted by section 33(b) and (e) and (f) inserted by section 33(c) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (3) | The Minister responsible for mineral resources may confirm, vary or revoke any decision taken in consequence of a delegation or subdelegation in terms of this section, subject to any rights that may have accrued to a person as a result of the decision. |
[Section 42B(3) inserted by section 33(d) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]