Assignment of provisions of the Environment Conservation Act to the provinces under section 235(8) of the Constitution of the Republic of South Africa (G.N. R. No. 43 of 1996)

EnviroLeg cc ENVIRONMENT CONSERVATION Reg p 1 Proc. No. R. 43 GG17354 8 August 1996 ASSIGNMENT OF PROVISIONS OF THE ENVIRONMENT CONSERVATION ACT, 1989, TO THE PROVINCES UNDER SECTION 235 (8) OF THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1993 Under section 235 (8) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), I hereby (a) assign the administration of the Environment Conservation Act, 1989 (Act No. 73 of 1989), in so far as it has not been assigned by Proclamation No. R. 29 of 1995, and excluding those provisions (if any) of the said Act which fall outside the functional areas specified in Schedule 6 to the Constitution or which relate to matters referred to in paragraphs (a) to (e) of section 126 (3) of the Constitution, to a competent authority within the jurisdiction of the government of a province mentioned in section 124 (1) of the Constitution, designated by the Premier of the province concerned; (b) determine that the said Act is assigned to the extent specified in the first column of the Schedule in so far as that Act is applicable in, or in a part of, the province concerned; and (c) amend the said Act to the extent set out in the second column of the Schedule. Given under my Hand and the Seal of the Republic of South Africa at Pretoria this Twenty-fifth day of July, One thousand Nine hundred and Ninety-six. N. R. MANDELA President. By Order of the President-in-Cabinet: Z. S. T. SKWEYIYA Minister of the Cabinet. Column 1: Extent of assignment (Para b) 1. Sections 3 (2A) (as inserted by this Proclamation) and 24 (f), (g), (h) and (i). 2. Sections 24 (b), (c) and (k) and 25: Provided that, notwithstanding this assignment, the Minister may exercise any power under the said sections concurrently with the competent authority. EnviroLeg cc ENVIRONMENT CONSERVATION Reg p 2 Column 2: Amendments (Para c) Amendments have been included in the Act. 1.(a) Deletion of definition of “Administrator” (section 1). (b) Insertion of definition for “competent authority” (section 1). 2. Amendment of sections 3 and 18. 3. Substitution of the expression “Administrator” wherever it occurs, of the expression “competent authority”.