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Transfer of Administration and Powers and Functions to Certain Cabinet Members in terms of section 97 of the Constitution, 2013

Proclamation 16 of 2013

Transfer of Administration and Powers and Functions to Certain Cabinet Members in terms of section 97 of the Constitution, 2013
Citation
Proclamation 16 of 2013
Primary work
Constitution of the Republic of South Africa, 1996
Date
31 May 2013
Language
English
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South Africa
Constitution of the Republic of South Africa, 1996

Transfer of Administration and Powers and Functions to Certain Cabinet Members in terms of section 97 of the Constitution, 2013

Proclamation 16 of 2013

In terms of section 97 of the Constitution of the Republic of South Africa, 1996, I hereby transfer the administration and powers and functions entrusted by the specified legislation, and all amendments thereto, to the specified Cabinet member and amend and clarify previous proclamations as set out in the Schedule in English and isiZulu, with effect from the date of publication of this Proclamation in the Gazette.
1.The administration of and the powers and functions entrusted by the legislation, mentioned in Column 1 of the tables below, to a Cabinet member mentioned in column 2 of the tables below are hereby transferred to the Cabinet member mentioned in column 3 of the tables below.
2.Column 2 of the Schedule states the Minister or Ministers in whom, immediately prior to the commencement of this Proclamation, by virtue of the following Proclamations, the administration or powers and functions of the legislation mentioned in Column 3 vests:
(a)Proclamation No. 44 of 1 July 2009, published in Government Gazette No 32367 of that date; and
(b)Proclamation No. 1 of 10 February 2010, published in Government Gazette No. 32945 of that date.
3.Column 3 of the Schedule states the relevant Minister and the extent of the transfer of the administration of legislation and the powers and functions entrusted by legislation to that Minister. Column 3 also states instances where the administration of and powers and functions entrusted by legislation remain with the relevant Minister.
4.In so far as this Schedule may differ from or be in conflict with the Schedules to the Proclamations mentioned in item 2 above, and in so far as those Schedules relate to the Marine Living Resources Act, 1998 (Act No. 18 of 1998), this Schedule prevails.
5.Below, the Marine Living Resources Act, 1998 (Act No. 18 of 1998), is referred to as the Marine Living Resources Act, 1998.

Environmental related legislation

Column 1Column 2Column 3
LegislationCabinet member previously responsibleCabinet member to whom function is transferred and extent of transfer
1. Marine Living Resources Act, 1998: Sections 1 to 4Minister of Water and Environmental Affairs and Minister of Agriculture, Forestry and Fisheries1.The Minister of Water and Environmental Affairs in so far as the administration of and the powers and duties provided for in the sections referred to in Column 1 pertain to the administration of, and the exercise of the powers and performance of the functions contained in—(a)section 43 of the Marine Living Resources Act, 1998; and(b)the regulations and other provisions listed in this proclamation relating to marine protected areas; and(c)the regulations listed in this proclamation relating to whales, dolphins, turtles and white sharks.2.The Minister of Agriculture, Forestry and Fisheries in so far as the administration of and the powers and duties provided for in the sections referred to in Column 1 pertain to the administration of, and the exercise of the powers and performance of the functions contained in, the provisions of the Marine Living Resources Act, 1998, not mentioned in item 1 and the regulations listed in this proclamation that relate to fishing within a marine protected area.
2. Marine Living Resources Act, 1998: Sections 5 to 7, 10, 11, 14, 15, 17, 18 to 27, 29 to 41 and 44 to 50Minister of Agriculture, Forestry and FisheriesMinister of Agriculture, Forestry and Fisheries:The administration of and the powers and duties provided for in the sections referred to in Column 1 remain with the Minister.
3. Marine Living Resources Act, 1998: Section 8Minister of Water and Environmental Affairs and Minister of Agriculture, Forestry and FisheriesMinister of Agriculture, Forestry and Fisheries:The administration of and the powers and duties provided for in the section referred to in Column 1.
4. Marine Living Resources Act, 1998: Section 9Minister of Water and Environmental Affairs and Minister of Agriculture, Forestry and Fisheries1.Minister of Water and Environmental Affairs in so far as the administration of and the powers and duties provided for in the section referred to in Column 1 pertain to designating persons—(a)to perform enforcement functions within marine protected areas; and(b)enforcing the regulations listed in this Proclamation relating to marine protected areas, and those relating to whales, dolphins, turtles and white sharks.2.Minister of Agriculture, Forestry and Fisheries in so far as the administration of and the powers and duties provided for in the section referred to in Column 1 pertain to designating persons to enforce all fisheries related and all other matters in terms of the Marine Living Resources Act, 1998, not mentioned in item 1 and the regulations listed in this proclamation that relate to fishing within a marine protected area.
5. Marine Living Resources Act, 1998: Section 12Minister of Agriculture, Forestry and Fisheries1.Minister of Water and Environmental Affairs in so far as the administration of and the powers and duties provided for in the section referred to in Column 1 pertain to the keeping of—(a)a register for permits issued in terms of the Marine Living Resources Act, 1998, in respect of activities within marine protected areas; and(b)a register for permits issued in terms of the regulations listed in this proclamation in respect of activities within marine protected areas, excluding a register contemplated in item 2(a); and(c)a register for permits issued in terms of regulations relating to whales, dolphins, turtles and white sharks.2.Minister of Agriculture, Forestry and Fisheries in so far as the administration of and the powers and duties provided for in the section referred to in Column 1 pertain to the keeping of—(a)a register relating to permits issued in terms of the regulations listed in this proclamation in respect of fishing within a marine protected area; and(b)a register relating to any other right, permit and licence issued in terms of the Marine Living Resources Act, 1998, not mentioned in item 1.
6. Marine Living Resources Act, 1998: Section 13Minister of Water and Environmental Affairs and Minister of Agriculture, Forestry and Fisheries1.Minister of Water and Environmental Affairs in so far as the administration of and the powers and duties provided for in the section referred to in Column 1 pertain to—(a)permits issued in terms of the Marine Living Resources Act, 1998, in respect of activities within marine protected areas; and(b)permits issued in terms of the regulations listed in this proclamation in respect of activities within marine protected areas, excluding fishing permits contemplated in item 2(a); and(c)permits issued in terms of regulations relating to whales, dolphins, turtles and white sharks.2.Minister of Agriculture, Forestry and Fisheries in so far as the administration of and the powers and duties provided for in the section referred to in Column 1 pertain to—(a)fishing permits issued in terms of the regulations listed in this proclamation in respect of fishing within marine protected areas; and(b)any other permit issued in terms of the Marine Living Resources Act, 1989, not mentioned in item 1.
7. Marine Living Resources Act, 1998: Section 16Minister of Water and Environmental Affairs and Minister of Agriculture, Forestry and FisheriesMinister of Agriculture, Forestry and Fisheries:The administration of and the powers and duties provided for in the section referred to in Column 1.
8. Marine Living Resources Act, 1998: Section 28Minister of Water and Environmental Affairs and Minister of Agriculture, Forestry and Fisheries1.Minister of Water and Environmental Affairs in so far as the administration of and the powers and duties provided for in the section referred to in Column 1 pertain to—(a)permits issued in terms of the Marine Living Resources Act, 1998, in respect of activities within marine protected areas; and(b)permits issued in terms of the regulations listed in this proclamation in respect of activities within marine protected areas, excluding fishing permits contemplated in item 2(a); and(c)permits issued in terms of regulations relating to whales, dolphins, turtles and white sharks.2.Minister of Agriculture, Forestry and Fisheries in so far as the administration of and the powers and duties provided for in the section referred to in Column 1 pertain to—(a)fishing permits issued in terms of the regulations listed in this proclamation in respect of fishing within marine protected areas; and(b)Any other permit, right or licence issued in terms of the Marine Living Resources Act, 1998, not mentioned in item 1.
9. Marine Living Resources Act, 1998: Section 42Minister of Water and Environmental Affairs and Minister of Agriculture, Forestry and Fisheries1.Minister of Water and Environmental Affairs in so far as the administration of and the powers and duties provided for in the section referred to in Column 1 pertain to any matter relating to marine protected areas and any matter relating to whales, dolphins, turtles and white sharks.2.Minister of Agriculture, Forestry and Fisheries in so far as the administration of and the powers and duties provided for in the section referred to in Column 1 pertain to any matter contained in the Marine Living Resources Act, 1998, not mentioned in item 1.
10. Marine Living Resources Act, 1998: Section 43Minister of Water and Environmental AffairsMinister of Water and Environmental Affairs:The administration of and the powers and duties provided for in the section referred to in Column 1, read together with—(a)the regulations and other provisions listed in this proclamation relating to marine protected areas; and(b)the regulations listed in this proclamation relating to whales, dolphins, turtles and white sharks.
11. Marine Living Resources Act, 1998: Sections 51 to 76Minister of Water and Environmental Affairs and Minister of Agriculture, Forestry and Fisheries1.Minister of Water and Environmental Affairs in so far as the administration of and the powers and duties provided for in the sections referred to in Column 1 pertain to any matter relating to marine protected areas and any matter relating to whales, dolphins, turtles and white sharks.2.Minister of Agriculture, Forestry and Fisheries in so far as the administration of and the powers and duties provided for in the sections referred to in Column 1 pertain to any matter contained in the Marine Living Resources Act, 1998, not mentioned in item 1 and the regulations listed in this proclamation that relate to fishing within a marine protected area.
12. Marine Living Resources Act, 1998: Sections 77 to 86Minister of Water and Environmental Affairs and Minister of Agriculture, Forestry and Fisheries1.Minister of Water and Environmental Affairs in so far as the administration of and the powers and duties provided for in the sections referred to in Column 1 pertain to any matter relating to marine protected areas and any matter relating to whales, dolphins, turtles and white sharks, including permits, exemptions and research.2.Minister of Agriculture, Forestry and Fisheries in so far as the administration of and the powers and duties provided for in the sections referred to in Column 1 pertain to any matter contained in the Marine Living Resources Act, 1998, not mentioned in item 1 and the regulations listed in this proclamation that relate to fishing within a marine protected area.
Regulations
13. Declaration of Areas as Marine Protected Areas, issued in terms of section 43 of the Marine Protected Areas Act, 1998 (Government Notice No. R.1429 of 29 December 2000): Paragraph 1 and paragraph 2 (Description of boundaries of marine protected areas):Minister of Water and Environmental AffairsMinister of Water and Environmental Affairs:The administration of and the powers and duties provided for in the paragraphs referred to in Column 1 remain with the Minister.
2(1) Castle Rock
2(2) Betty’s Bay
2(3) De Hoop
2(4) Goukamma
2(5) Robberg
2(6) Sardinia Bay
2(7) Dwesa Cwebe
2(8) Hluleka
2(9) Mkambati
2(10) Trafalgar
2(11) St Lucia
2(12) Maputoland
2(13) Langebaan Lagoon
2(14) Sixteen Mile beach
2(15) Malgas Island
2(16) Jutten Island
2(17) Marcus Island
2(18) Helderberg
2(19) Tsitsikamma; and Paragraphs 3(2), 3(3), 3(4) and 3(5) (Stipulations Marine Protected Areas)
14. Declaration of Areas as Marine Protected Areas, issued in terms of section 43 of the Marine Protected Areas Act, 1998 (Government Notice No. R.1429 of 29 December 2000): Paragraph 3 (Stipulations Marine Protected Areas):Minister of Water and Environmental AffairsMinister of Agriculture, Forestry and Fisheries:1. The administration of and the powers and duties provided for in the paragraphs referred to in Column 1 in so far as those matters relate to fisheries management including permitting, fishing rights, fisheries related research and enforcing the paragraphs with regard to the types of fishing specified therein.
3(1)(a)-Betty’s Bay, Goukamma and Robberg Marine Protected Areas;
3(1)(b)-Castle Rock Marine Protected Area;
3(1)(c) and 3(1)(d) -Langebaan Lagoon Marine Protected Area;
3(1)(e) -Sixteen Mile Beach Marine Protected Area;Minister of Water and Environmental Affairs:2. The administration of and the powers and duties provided for in the Declaration referred to in Column 1, in so far as those matters do not relate to the matters mentioned in item 1, remain with Minister of Water and Environmental Affairs
3(1)(f) -Maigas Island, Jutten Island and Marcus Island Marine Protected Areas;
3(1)(g) -Trafalgar Marine Protected Area and the restricted areas of the St Lucia and Maputaland Marine Protected Areas
15. Regulations prescribing the management and protection measures for the Table Mountain Marine Protected Area, made in terms of section 77 of the Marine Living Resources Act, 1998 (Government Notice No. 695 of 4 June 2004): Regulations 1, 2, 3, 4, 5, 6(1), 6(3), 6(4), 8, 9, 11, 13, 14 and 15Minister of Water and Environmental AffairsMinister of Water and Environmental Affairs:The administration of and the powers and duties provided for in the regulations referred to in Column 1 remain with the Minister.
16. Regulations prescribing the management and protection measures for the Table Mountain Marine Protected Area, made in terms of section 77 of the Marine Living Resources Act, 1998 (Government Notice No. 695 of 4 June 2004): Regulations 6(2) and 7 Marine Living Resources Act, 1998 (Government Notice No. 695 of 4 June 2004): Regulations 6(2) and 7Minister of Water and Environmental AffairsMinister of Agriculture, Forestry and Fisheries.1. The administration of and the powers and duties provided for in the regulations, referred to in Column 1, in so far as those matters relate to fisheries management including permitting, fishing rights, fisheries related research and enforcing the regulations with regard to the types of fishing specified therein.
Minister of Water and Environmental Affairs:2. The administration of and the powers and duties provided for in the regulations, referred to in Column 1, in so far as those matters do not relate to the matters mentioned in item 1, remain with Minister of Water and Environmental Affairs.
17. Regulations prescribing the management and protection measures for the Table Mountain Marine Protected Area, made in terms of section 77 of the Marine Living Resources Act, 1998 (Government Notice No. 695 of 4 June 2004): Regulations 10 and 12Minister of Water and Environmental AffairsMinister of Agriculture, Forestry and Fisheries:1. The administration of and the powers and duties provided for in the regulations, referred to in Column 1, in so far as those matters relate to regulations 6(2) and 7 transferred to the Minister in Row 16 above.
Minister of Water and Environmental Affairs:2. The administration of and the powers and duties provided for in the Regulations, referred to in Column 1, in so far as those matters relate to powers and functions not referred to in item 1 above, remain with the Minister of Water and Environmental Affairs.
18. Regulations prescribing the management and protection measures for the Bird Island Group Marine Protected Area, made in terms of section 77 of the Marine Living Resources Act, 1998 (Government Notice No. 696 of 4 June 2004)The wholeMinister of Water and Environmental AffairsMinister of Water and Environmental Affairs:The administration of and the powers and duties provided for in the regulations referred to in Column 1 remain with the Minister.
19. Declaration of Area as Marine Protected Area in terms of section 43 of the Marine Protected Areas Act, 1998-Walker Bay Whale Sanctuary Marine Protected Area (Government Notice No. 473 of 29 May 2001: Paragraphs 1,2(Description of boundaries of marine protected area), 3(1), 3(2) (Stipulations: Marine protected area) and 4Minister of Water and Environmental AffairsMinister of Water and Environmental AffairsThe administration of and the powers and duties provided for in the Declaration referred to in Column 1 remain with the Minister.
20. Declaration of Area as Marine Protected Area, issued in terms of section 43 of the Marine Protected Areas Act, 1998 - Walker Bay Whale Sanctuary Marine Protected Area (Government Notice No. 473 of 29 May 2001: Paragraph 3(3) (Stipulations: Marine Protected Area)Minister of Water and Environmental AffairsMinister of Agriculture, Forestry and Fisheries:1. The administration of and the powers and duties provided for in the paragraph, referred to in Column 1, in so far as those matters relate to fisheries management including permitting, fishing rights, fisheries related research and enforcing the paragraph with regard to the types of fishing specified therein.
Minister of Water and Environmental Affairs:2. The administration of and the powers and duties provided for in the paragraph, referred to in Column 1, in so far as those matters do not relate to the matters mentioned in item 1, remain with Minister of Water and Environmental Affairs.
21. Regulations prescribing the management and protection measures for the Aliwal Shoal Marine Protected Area, made in terms of section 77 of the Marine Living Resources Act, 1998 (Government Notice No. 697 of 4 June 2004): Regulations 1 to 6, 7(2), 7(4), 8, 9, 11, 13, 14 and 15Minister of Water and Environmental AffairsMinister of Water and Environmental AffairsThe administration of and the powers and duties provided for in the regulations referred to in Column 1 remain with the Minister.
22. Regulations prescribing the management and protection measures for the Aliwal Shoal Marine Protected Area, made in terms of section 77 of the Marine Living Resources Act, 1998 (Government Notice No. 697 of 4 June 2004): Regulations 7(1) and 7(3)Minister of Water and Environmental AffairsMinister of Agriculture, Forestry and Fisheries.1. The administration of and the powers and duties provided for in the regulations, referred to in Column 1, in so far as those matters relate to fisheries management including permitting, fishing rights, fisheries related research and enforcing the regulations with regard to the types of fishing specified therein.
Minister of Water and Environmental Affairs:2. The administration of and the powers and duties provided for in the regulations, referred to in Column 1, in so far as those matters do not relate to the matters mentioned in item 1, remain with Minister of Water and Environmental Affairs.
23. Regulations prescribing the management and protection measures for the Aliwal Shoal Marine Protected Area, made in terms of section 77 of the Marine Living Resources Act, 1998 (Government Notice No. 697 of 4 June 2004): Regulations 10 and 12Minister of Water and Environmental AffairsMinister of Agriculture, Forestry and Fisheries1. The administration of and the powers and duties provided for in the regulations, referred to in Column 1, in so far as those matters relate to regulations 7(1) and 7(3) transferred to the Minister in Row 22 above.
Minister of Water and Environmental Affairs:2. The administration of and the powers and duties provided for in the regulations, referred to in Column 1, in so far as those matters relate to powers and functions not referred to in item 1 above, remain with the Minister of Water and Environmental Affairs.
24. Regulations prescribing the management and protection measures for the Pondoland Marine Protected Area, made in terms of section 77 of the Marine Living Resources Act, 1998 (Government Notice No. 694 of 4 June 2004): Regulations 1 to 6, 8, 9, 11, 13, 14, 15 and 16Minister of Water and Environmental AffairsMinister of Water and Environmental AffairsThe administration of and the powers and duties provided for in the regulations referred to in Column 1 remain with the Minister.
25. Regulations prescribing the management and protection measures for the Pondoland Marine Protected Area, made in terms of section 77 of the Marine Living Resources Act, 1998 (Government Notice No. 694 of 4 June 2004): Regulation 7Minister of Water and Environmental AffairsMinister of Agriculture, Forestry and Fisheries:1. The administration of and the powers and duties provided for in the regulation, referred to in Column 1, in so far as those matters relate to fisheries management including permitting, fishing rights, fisheries related research and enforcing the regulation with regard to the types of fishing specified therein.
Minister of Water and Environmental Affairs:2. The administration of and the powers and duties provided for in the regulation, referred to in Column 1, in so far as those matters do not relate to the matters mentioned in item 1, remain with Minister of Water and Environmental Affairs.
26. Regulations prescribing the management and protection measures for the Pondoland Marine Protected Area, made in terms of section 77 of the Marine Living Resources Act, 1998 (Government Notice No. 694 of 4 June 2004): Regulations 10 and 12Minister of Water and Environmental AffairsMinister of Agriculture, Forestry and Fisheries1. The administration of and the powers and duties provided for in the regulations, referred to in Column 1, in so far as those matters relate to regulation 7 transferred to the Minister in Row 25 above.
Minister of Water and Environmental Affairs:2. The administration of and the powers and duties provided for in the regulations, referred to in Column 1, in so far as those matters relate to powers and functions not referred to in item 1 above, remain with Minister of Water and Environmental Affairs.
27. Regulations on the Stilbaai Marine Protected Area, made in terms of section 77 of the Marine Living Resources Act, 1998 (Government Notice No. R.1108 of 17 October 2008): Regulations 1 to 4, 6, 7, 8 and 10Minister of Water and Environmental AffairsMinister of Water and Environmental AffairsThe administration of and the powers and duties provided for in the regulations referred to in Column 1 remain with the Minister.
28. Regulations on the Stilbaai Marine Protected Area, made in terms of section 77 of the Marine Living Resources Act, 1998 (Government Notice No. R.1108 of 17 October 2008): Regulation 5Minister of Water and Environmental AffairsMinister of Agriculture, Forestry and Fisheries.1. The administration of and the powers and duties provided for in the regulations, referred to in Column 1, in so far as those matters relate to fisheries management including permitting, fishing rights, fisheries related research and enforcing the regulation with regard to the types of fishing specified therein.
Minister of Water and Environmental Affairs:2. The administration of and the powers and duties provided for in the regulation, referred to in Column 1, in so far as those matters do not relate to the matters mentioned in item 1, remain with Minister of Water and Environmental Affairs.
29. Regulations on the Stilbaai Marine Protected Area, made in terms of section 77 of the Marine Living Resources Act, 1998 (Government Notice No. R. 1108 of 17 October 2008): Regulation 9Minister of Water and Environmental AffairsMinister of Agriculture, Forestry and Fisheries1. The administration of and the powers and duties provided for in the regulation, referred to in Column 1, in so far as those matters relate to regulation 5 transferred to the Minister in Row 28 above.
Minister of Water and Environmental Affairs:2. The administration of and the powers and duties provided for in the regulation, referred to in Column 1, in so far as those matters relate to powers and functions not referred to in item 1 above, remain with the Minister of Water and Environmental Affairs.
30. Notice Declaring the Stilbaai Marine Protected Area, issued in terms of section 43 of the Marine Living Resources Act, 1998 (Government Notice No. 1109 of 17 October 2008The wholeMinister of Water and Environmental AffairsMinister of Water and Environmental AffairsThe administration of and the powers and duties provided for in the Notice referred to in Column 1 remain with the Minister.
31. Regulations for the Management of the Amathole Marine Protected Area, made in terms of section 77 of the Marine Living Resources Act, 1998 (Government Notice No. R.731 of 16 September 2011The wholeMinister of Water and Environmental AffairsMinister of Water and Environmental AffairsThe administration of and the powers and duties provided for in the regulations referred to in Column remain with the Minister.
32. Declaration of Amathole Marine Protected Area, issued in terms of section 43 of the Marine Living Resources Act, 1998 (Government Notice No. R.730 of 16 September 2011The wholeMinister of Water and Environmental AffairsMinister of Water and Environmental AffairsThe administration of and the powers and duties provided for in the Declaration referred to in Column 1 remain with the Minister.
33. Regulations in terms of sections 7(5), 9(3), 12(2) and (3), 39(2), 45, 47, 50(1), 77 and 80(2) of the Marine Living Resources Act, 1998 (Government Notice No. R.1111 of 2 September 1998The wholeMinister of Agriculture, Forestry and FisheriesMinister of Agriculture, Forestry and FisheriesThe administration of and the powers and duties provided for in the Regulations referred to in Column 1 remain with the Minister.
34. Regulations for the Protection of Wild Abalone (Haliotis), made in terms of section 77 of the Marine Living Resources Act, 1998 (Government Notice No. R. 62 of 1 February 2008)The wholeMinister of Agriculture, Forestry and FisheriesMinister of Agriculture, Forestry and FisheriesThe administration of and the powers and duties provided for in the Regulations referred to in Column 1 remain with the Minister.
35. Regulations for the Management of Boat Based Whale Watching and Protection of Turtles, made in terms of section 77 of (the Marine Living Resources Act, 1998 (Government Notice No. R. 725 of 4 July 2008The wholeMinister of Water and Environmental AffairsMinister of Water and Environmental AffairsThe administration of and the powers and duties provided for in the Regulations referred to in Column 1 remain with the Minister.
36. Regulations for the Management of White Shark Cage Diving, made in terms of section 77 of the Marine Living Resources Act, 1998 (Government Notice No. R. 724 of 4 July 2008)The wholeMinister of Water and Environmental AffairsMinister of Water and Environmental AffairsThe administration of and the powers and duties provided for in the Regulations referred to in Column 1remain with the Minister

Explanatory memorandum

1.On 10 May 2009 the President announced the appointment of Ministers and Deputy Ministers in terms of sections 91(2) and 93(1) of the Constitution of the Republic of South Africa, 1996 (the Constitution). Since the Ministers’ portfolios differed from the Ministers’ portfolios before the President took the oath on 9 May 2009, it was necessary to align the administration of legislation and powers and functions entrusted by legislation to the new portfolios of Ministers announced by the President
2.The administration and the powers and functions entrusted by the Marine Living Resources Act, 1998 (Act No. 18 of 1998), pertaining to mariculture, were transferred from the Minister of Water and Environmental Affairs to the Minister of Agriculture Forestry and Fisheries by Proclamation No. 44 on 1 July 2009.
3.The administration and the powers and functions entrusted by the Marine Living Resources Act, 1998: pertaining to fisheries (excluding marine protected areas and the regulations related to Boat­based Whale Watching and White Shark Cage Diving), were transferred from the Minister of Water and Environmental Affairs to the Minister of Agriculture Forestry and Fisheries by Proclamation No. 1 of 10 February 2010.
4.The Proclamation of 10 February 2010 resulted in confusion as to the extent and exact nature of the transfer of functions, particularly in relation to regulations under the Marine Living Resources Act, 1998 (Act No. 18 of 1998) that were not mentioned in the 10 February Proclamation. This Proclamation, which is done in terms of section 97 of the Constitution, seeks to provide clarity on the exact nature and extent of the transfer of powers and functions under the Marine Living Resources Act, 1998 (Act No. 18 of 1998) including regulations. In some instances where the same Minister appears in both columns 2 and 3, this indicates that no transfer has taken place, thus providing clarity as to the nature of the transfer in the 10 February Proclamation. Section 97 of the Constitution provides that the—“President by proclamation may transfer to a member of the Cabinet—
(a)the administration of any legislation entrusted to another member; or
(b)any power or function entrusted by legislation to another member.

History of this document

31 May 2013 this version
Commenced
23 May 2013
Assented to
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