No. 26436
GOVERNMENT
GAZETTE.
-4ct No. 10, 2004
NATIONAL ENVIRONMENTAL MANAGEMENT:
BIODIVERSITY ACT. 2004
30
7 JUNE 2004
(2) The following persons are disqualified from becoming or remaining a member of
the Board:
( a ) A person holding office as a member of Parliament, a provincial legislature or
a mu.nicipalcounci1; or
( 0 ) a personwho has been removed from officein terms of section 21.
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Appointment procedure
15. (1) Whenever itis necessary to appoint members of the Board referred to in
section 13(l)(a), the Minist? must( a ) through advertisements in the media circulating nationally and in each of the
provinces, invite nominations for appointment as such a member; and
( b ) compile a list of the names of persons nominated, setting out the prescribed
particulars of each individual nominee.
(2) Any nomination made pursuant to an advertisement in terms of subsection (l)(a)
must be supported by( a ) the personal details of the nominee;
( b ) nomrnee’s qualifications or experience; and
(c) any other information that may be prescribed.
(3) The Minister must, subject to subsection (4), appoint( a ) the nzquired number of persons from the list compiled in terms of subsection
(l)(b); and
(b) if such list is inadequate, any suitable person.
(4) When making appointments the Minister must(a) consult the MECs for Environmental Affairs; and
(b) have regard to the need for appointing persons to promote representivity.
( 5 )Appointments must be made in such a way that the Board is composed of persons
covering a broad range of appropriate expertise in the field of biodiversity.
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Chairperson
16. (1) Whenever necessary the Minister must appoint a member of the Board as the
Chairperson of the Board.
(2) The Cha.irperson is appointed for a period which is determined by the Minister 30
which may, in the case of a member referred to in section 13(l)(a), not extend beyond
the period of his or her term as a member.
(3) The Minister may appoint a member of the Board as acting chairperson of the
Board if(‘a) the Chairperson is absent for a substantial period; or
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(‘b) the appointment of a Chairperson is pending.
Term of office
17. Members of the Board referred to in section 13(1)(u)( a ) are appointed for a period of three years or, if section 22(2)applies, for a term
that section;
determined in terms of 40
( b ) on completion of that term, are eligible for reappointment for one additional
term of three years; and
(c) may have their appointment in terms of paragraph ( a ) or ( b )extended by the
Minister for a specific period not exceeding one year.
Conditions of appointment
the
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18. (1) The Minister must determine theconditions of employment of members of the
Board referred to in section 13(l)(a).
( 2 ) ( a ) The Minister may, with the concurrence of the Minister of Finance, determine
the terms and conditions of employment of members of the Board who are not in the
employment of
Government.
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( b ) Their remuneration and allowances are paid by the Institute.
(3) ( a ) Members who are in the employ of the Government are not entitled to
remuneration and allowances, but must be compensated for out of pocket expenses by
the Institute.
(hj Such members are appointed on a part-time basis.
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